Pastore & Dailey successfully obtained a withdrawal of all claims brought in Connecticut State court against our Fortune 500 pharmaceutical client. Our client was accused of distributing an asbestos tainted product sold in the 1970s. Following discovery efforts and extensive discussions, we were able to satisfy plaintiffs that there was no evidence linking our client to a contaminated product.
Tag: Commercial Litigation
Pastore & Dailey Successfully Represents Fortune 500 Pharmaceutical Corporation
Pastore & Dailey successfully obtained a withdrawal of all claims brought in Connecticut State court against our Fortune 500 pharmaceutical client. Our client was accused of distributing an asbestos tainted product sold in the 1970s. Following discovery efforts and extensive discussions, we were able to satisfy plaintiffs that there was no evidence linking our client to a contaminated product.
Pastore & Dailey Triumphs in Damages Award Against Billion Dollar Portfolio Company
A top tier litigation firm, on behalf of a large corporate client, recently filed a Motion in Limine in an attempt to exclude Pastore & Dailey LLC’s client’s amended expert report on damages. P&D responded through a strong opposition and the District Court ruled in favor of P&D, thereby admitting the amended expert report into evidence. This enabled damages of lost profits arising from claims of unpaid invoices, fraud, and negligent misrepresentation counts to be had. In doing so, the court dismissed opposing counsel’s arguments that these were not a proper measure of damages on the aforementioned claims, or too speculative to be recovered. After this ruling, opposing counsel realized the battle was over and came to the table to offer P&D’s client a favorable settlement.
P&D Wins Costs for Clients After Court Sanctions Opposing Side
A federal court recently granted Pastore & Dailey LLC’s Motion for Sanctions against a Billion Dollar PE Portfolio corporation based on the destruction of evidence one month after the suit began. The District Court found that the allegedly unrecoverable relevant evidence had been improperly destroyed, calling the corporation’s failure to preserve this evidence “not ideal” and “negligent.” P&D won for its clients the costs and attorney’s fees associated with this destruction of evidence and related court proceedings.
Pastore & Dailey Attorneys Fees Awarded in Florida
Pastore & Dailey LLC has successfully argued for the award of attorney’s fees and costs in the Southern District of Florida for a large Belgian Based Conglomerate. The standard for the award of attorney’s fees is often very high, given the ‘American Rule’ where each party is expected to bear their own costs for litigation. This award exemplifies the quality of work Pastore and Dailey does for their clients, and represents added value, as not only were our client’s interests successfully defended, their out-of-pocket expenses were in large part passed onto the wrongdoing defendant in this case.
Pastore & Dailey Attorneys Fees Awarded in Florida
Pastore & Dailey LLC has successfully argued for the award of attorney’s fees and costs in the Southern District of Florida for a large Belgian Based Conglomerate. The standard for the award of attorney’s fees is often very high, given the ‘American Rule’ where each party is expected to bear their own costs for litigation. This award exemplifies the quality of work Pastore and Dailey does for their clients, and represents added value, as not only were our client’s interests successfully defended, their out-of-pocket expenses were in large part passed onto the wrongdoing defendant in this case.
P&D Successfully Defends Against Motion for Summary Judgement
The Firm has achieved another victory in defeating a Motion for Summary Judgment filed by two prestigious law firms on behalf of their multi-billion dollar corporate client, a former portfolio company of Morgan Stanley Private Equity. The Motion for Summary Judgment sought dismissal of our Clients’ two primary claims – fraud and unjust enrichment – and was denied, thereby allowing these claims to proceed to trial. These claims arose out of a nationwide direct mail marketing campaign. This is another example of Pastore & Dailey prevailing over other large national firms.
Pastore & Dailey Retained in Significant Ratings Agency Case
We have recently been retained to defend a ratings agency corporate executive in case of substantial importance to the United States financial industry involving shareholder breach of fiduciary duty claims relating to credit ratings given to mortgage backed securities. This action is pending in state court in New York, and the damages sought are in the billions.
NY State Court Win
Pastore & Dailey LLC is pleased to announce another victory in a New York State Court case regarding the employment of a high-level individual in the financial industry. In a recent decision, Pastore & Dailey successfully argued that an employee was entitled to proceed in arbitration against his former employer, as bargained for under his employment agreement. This decision exemplifies Pastore & Dailey’s skill and unyielding desire to seek the best, most efficient, and most beneficial result for our clients.
Hearing Victory
Pastore & Dailey LLC successfully represented a long standing hedge fund client that specializes in micro cap lending in two separate phases of litigation against a sophisticated commercial borrower. First, Pastore & Dailey secured a favorable settlement for its client as a result of filing an application for pre-judgment remedy, which sought to attach the assets of the defendant, who was an out of state resident. After the settlement agreement was breached over a year after it was executed, Pastore & Dailey’s investigation into the Defendants representations during the settlement negotiation process led it to conclude that the Defendants fraudulently induced our client into signing the settlement agreement. Pastore & Dailey LLC filed various motions for contempt and sanctions based on the fraudulent inducement. After two days of hearings and a plethora of briefs, the Court found that Pastore & Dailey LLC showed, by meeting the very high standard of clear and convincing evidence, that Defendants committed fraud in inducing our client to execute the settlement agreement. The Court ultimately awarded sanctions against Defendants in the form of attorneys’ fees, voided the settlement agreement, and allowed our client to continue to pursue its claims against Defendants.