We minimize our client-entities’ exposure in their tort and products liability matters, and offer negotiation and counseling aimed at resolving disputes before lawsuits occur. In defending tort and products liability lawsuits, we have represented clients in a number of industries including in the agricultural, aviation, chemical, maritime, non-profit, pharmaceutical, retail, and toy industries We have represented clients based in the United States and internationally in complex, multi-party litigation in state and federal court and before governmental bodies.
We have handled defense claims and litigation involving allegations of everything from slip and falls and minor car and biking accidents to airplane and helicopter crashes, major airline disasters, contact with powerlines, gunshot wounds, and sexual assaults. These matters have involved claims of death and serious injuries including burns, claims of neurological impairment, claims the plaintiff was rendered paraplegic, claims the plaintiff was rendered quadriplegic, as well as multimillion-dollar loss of earnings and earning capacity claims.
We have worked with experts in a number of fields including accident reconstruction experts, economic and forensic economic experts, forensic accounting experts, forensic pathologists, medical experts, metallurgical experts, neurological and psychological experts, property damage experts, and software engineers.
We have handled significant product liability cases and negligent claims including on behalf of both original equipment manufacturers and component part manufacturers.
We also have experience handling multi-district litigation ranging from representing a trade association in claims its pharmaceutical product was defective, to counseling the manufacturer of a commercial herbicide through claims for alleged damages due to the product’s widespread use.
- Defended a multi-national chemical company in a Philadelphia Court of Common Pleas action brought by a police officer who claimed she was injured at a property a governmental entity was leasing from our chemical company-client. The litigation included issues relating to the officer’s employee benefits, issues around the service of her Complaint, the Statute of Limitations regarding the claims she sought to assert, and her alleged damages. We were able to amicably resolve the case prior to all but a single deposition.
- Defended a maritime company in a bodily injury action involving a woman who claimed her leg was seriously damaged and that she lost feeling in it when a sign allegedly fell from a booth onto her leg, outside of the Independence Seaport Museum in Philadelphia. She asserted a major loss of earning and earning capacity claim, as she had spent years in higher education studying to be an interpreter to autistic children, a relatively lucrative job, and one requiring full use of her legs. Successfully obtained the client’s dismissal before any of its representatives were deposed, leaving behind another defendant which had to shoulder Plaintiff’s claims alone.
- Successfully defended an aerospace component part manufacturer from post-trial claims in the Eastern District of Pennsylvania and an appeal to the Third Circuit against claims that its seal was defectively designed and caused flammable fluid to reach the engine manifold of a military helicopter, leading to the deaths of all the Marines onboard.
- Defended a global corporation from claims brought in the Philadelphia Court of Common Pleas by a man in his thirties who was allegedly hit head-on in his car as a result of one of the corporations’ drivers making an illegal U-turn. In the action, the plaintiff retained six experts. Plaintiff’s economic expert contended that Plaintiff sustained a loss of earning and earning capacity of $675,000 to $1.4 million, and future medical expenses of $1.8 to 2.5 million. The matter amicably resolved for a confidential sum shortly before trial. Following her defense of this matter, the global corporation was so pleased with The Axelrod Firm’s work, that The Axelrod Firm began to receive all of a certain line of its general liability matters in Philadelphia.
- Defended a major corporation and one of its employees in an action brought on behalf of a minor decedent who died on its premises. The young man’s estate claimed that the company, by and through its employees, endeavored to rescue the minor, but failed to call 911, administer CPR, and administer a defibrillator sufficiently quickly to save his life. Obtained medical expert discovery demonstrating that Plaintiff’s decedent had two distinct heart defects, each previously unknown, each of which contributed to his passing. The Axelrod Firm was also able to develop strong statutory and case law support for there being no duty beyond calling 911 within a reasonable amount of time, which appeared to have been done. That said, there was a very damning discoverable email the client had written and the client’s witnesses, who felt horribly about the minor’s passing, testified poorly. The matter amicably resolved for a confidential sum shortly before trial.
- Defended a major corporation from claims brought by a man in his mid-forties who sustained serious injuries to his right elbow, allegedly as a result of falling on a broken grate on the company’s premises. Following the fall, the plaintiff underwent multiple right elbow surgeries, and claimed that he lost all use of his right (and dominant) arm. The Axelrod Firm mounted a strong defense including by retaining:
- an investigator who uncovered a photograph of Plaintiff showing him lifting with his allegedly unusable arm, an over 50 lb. animal; and
- an independent medical examiner who found Plaintiff’s claims to be contradicted by the size of the musculature in his arms.
The case amicably resolved for a confidential sum shortly before trial.
- Defended a global corporation from claims brought against it in the Philadelphia Court of Common Pleas by an elderly couple. They claimed they were hit head-on in their car and severely injured by one of the corporation’s drivers, who was allegedly texting on his cellphone while driving towards them. Among the claims asserted against The Axelrod Firm’s client, were claims for punitive damages. After all depositions took place, over multiple briefs, The Axelrod Firm managed to obtain the dismissal of Plaintiffs’ punitive damages claims. Once that occurred, the matter amicably resolved.
- Obtained, with national counsel, the stipulated voluntary dismissal on personal jurisdiction grounds of a major trade association, from every case in which it was a party in multi-district litigation (the MDL), but those designated for remand to the two locations where the company resided. The stipulation resulted in the dismissed hundreds of major bodily injury claims and related loss of consortium claims.
- Represented a Fortune 500 company in investigating and defending product liability claims and litigation brought around the United States arising from alleged damage from a commercial herbicide. Developed and launched a complex claims management process to resolve more than 35,000 claims including supervising a team of thirty (30) lawyers and consultants. Worked closely with in-house counsel and the business unit on strategy and case handling.
- Represented a multinational component part manufacturer in two wrongful death and personal injury federal court actions arising out of accidents involving military helicopters. The issues involved in the action included complex factual issues including a helicopter’s electrical systems and a government contractor defense. Engaged in extensive discovery including discovery directed to the U.S. military. One case settled on favorable terms. In the other, our client, the multinational component part manufacturer, was granted summary judgment.
- Defended a French bearing manufacturer in a wrongful death action in state court in Cook County, Illinois arising out of helicopter crash. Successfully raised a challenge to the jurisdiction of Illinois courts that resulted in the dismissal of the lawsuit by trial court. Maintained this challenge until plaintiff’s successful appeal through to the Illinois Supreme Court, and a denial of our client’s writ of certiorari to the U.S. Supreme court. Following the jurisdictional challenge, we proceeded to defend the manufacturer and worked with counsel for co-defendants against strict products liability, negligence, and breach of warranty claims. Retained multiple experts including a metallurgist, an accident reconstruction expert, a pilot expert, an economist, a biomechanics forensic expert, and a maintenance expert. We settled the case for our client on favorable terms two weeks before trial.
- Represented a ground handling company in multiple wrongful death and personal injury lawsuits around the U.S. involving loaders and other vehicles.
- Assisted in representing the manufacturer of an autopilot device arising out of the crash of an airplane in Newark, New Jersey resulting in four deaths, personal injuries, and property damage. Participated in a six-week trial against the manufacturer and United States government by the estates of the pilot, passengers, and owner of the business and property destroyed in the crash. Obtained a complete defense verdict.
- Represented the component manufacturer acting as the national coordinating counsel in multiple lawsuits around the U.S. arising out the Air France Flight 447 accident. The case wound up in multi-district litigation. We successfully got the case dismissed on the basis of forum non conveniens.
- Following an airplane crash in Mexico, counseled a French engine manufacturer and worked with Mexican counsel regarding a possible claim by a Mexican engine distributor and the victims of the crash.
- Defended a UK bearing manufacturer in a complex product liability action in Federal Court in Texas arising out of a helicopter crash in the Gulf of Mexico that resulted in three deaths. After several years of litigation, including depositions in the United Kingdom and France, represented the manufacturer in a mediation resulting in the manufacturer paying only a nominal settlement.
- Represented airport authority Aeroports de Paris and its insurers in wrongful death and personal injury claims in the United States and overseas arising out of the collapse of a terminal at Charles de Gaulle Airport in Paris. The claims included allegations of negligence related to the construction and alleged architectural defects. After several mediation sessions, the Plaintiffs filed a wrongful death case in the U.S. District Court for the Eastern District of New York regarding the accident. Successfully resolved in the matter afterwards.