The Firm filed a motion to dismiss an ADA website accessibility case brought against its longtime client, the United States Tennis Association, by a serial litigant. The lawsuit was recently reported in Bloomberg Law, as reflected in the attached article. The firm is privileged to be the USTA’s litigation counsel. Jeff Carton and Steve Schoenfeld are leading the Firm’s defense. Click here to read more.
As Spring approaches, we hope you will join us to reflect on the first quarter of 2022. Our thoughts and prayers go out to the brave men and women of Ukraine who are fighting for their survival, and closer to home, we remain vigilant as to COVID’s ever-shifting form and continued assault upon us. We celebrate the historic appointment of Judge Ketanji Brown Jackson to the Supreme Court, and we remain stupefied by Will Smith’s behavior at the Oscars. Tom Brady retired, and then returned, and St. Peters made a Cinderella run for the ages. Against the backdrop of these political, cultural and societal mileposts, we gained important perspective that dignity, decorum, respect and kindness continue to be character traits in short supply. We will continue to do our part to stem that unfortunate tide, and hope you will too in anyway possible. Here’s to the rest of 2022 . . .
Your Friends and Colleagues at Denlea & Carton.
The Firm moved successfully to dismiss a hodge-podge of common law claims asserted against our client in an action regarding the alleged breach of a technology transfer agreement. Despite the plaintiff’s concession that the crux of the action arose from the plaintiff’s demand for royalties under the parties’ written agreement, the complaint was littered with a host of non-contractual causes of action. We moved to dismiss those claims, as well as to have an executive of the company dismissed in his individual capacity from the lawsuit. The Court agreed, and granted our motion in its entirety. Nice work Jeff, Amber and Craig !!
The Firm is proud to be representing a putative class of New York consumers who were deceived by Robitussin’s claim that its popular line of cough suppressants containing DXM is alleged to be “non-drowsy.” The lawsuit, filed in Federal Court in White Plains and led by Jim, alleges that the makers of Robitussin knew that DXM is clinically proven to cause drowsiness as reflected in the medical, scientific literature, and by the fact that in the UK it is marketed with a “black box” warning concerning the potential side effects of DXM causing drowsiness. The lawsuit represents the latest chapter in our long and distinguished commitment to eradicate consumer fraud in whatever form it takes.
In an on-going litigation in Rockland County concerning a mixed-use development of waterfront property along the Hudson River, the Firm was pleased to win an award of specific performance directing our client’s development partner to convey a parcel of real property to the parties’ LLC as required by the terms of their Operating Agreement. The Court’s decision rejected the defendant’s attempt to renege on his contractual promise,and turned aside his attempt to dissolve the parties’ entity.
On the eve of trial, we secured a favorable settlement for a young woman who suffered injuries to her lower extremity while trying to descend a rotted, and poorly maintained, stairway attached to an outdoor deck. The woman, who had two surgeries to repair her injured knee, received a significant cash payment to redress the pain and suffering she has endured since her fall.
One of 2022’s most exciting initiatives for us is the formal launch of Denlea & Carton.Com
The Firm has always prided itself on its contingent representation of personal injury victims, especially those who require (but are unable to find, afford or secure) top-flight legal talent to ensure their rights are protected, and fully vindicated. The Firm has agreed to lean in fully to this worthwhile pursuit and is now “powering” a website dedicated to these victims. Offering free consultations, fully contingent fee arrangements, and 24/7/365 availability and service, we are excited to offer this service to those in our communities.
As we approach the end of 2021, we reflect back on another successful year and recognize all for which we have to be grateful. We have navigated the COVID-19 pandemic, celebrated personal and professional milestones, and emerged stronger than ever. We appreciate the support that our friends, families and clients continue to provide us, and renew our promise to pay it forward every opportunity we have. Here’s a quick recap of some additional 2021 highlights as we prepare to turn the calendar page.
Happy Holidays, and a Healthy New Year !
Your Friends and Colleagues at Denlea & Carton.
Culminating a four year battle, the Firm recently obtained a complete dismissal of a lawsuit against the USTA seeking to recover damages for alleged racial discrimination and negligent hiring. Begun shortly after the 2017 US Open, the action spanned three different courtrooms, and was hotly contested in each. Congrats to Amber Wallace and Jeff Carton for their persistence and tenacity in securing the dismissal.
TopVerdict.Com recently announced that the Ford Class Action achieved by the Firm on behalf of Ford F-Truck owners concerning door latches that fail to operate in freezing weather was one of the Top 50 Class Action Settlements in the United States. The action resolved for more than $5 million, and provides a 10-year extended warranty to Ford owners nationwide. We’re thrilled to be recognized for our efforts on behalf of consumers. We look forward to 2022 and our continued prosecution of class actions against Slim-Fast, Chrysler Financial and National Floors Direct.
The Firm had five attorneys recognized by their peers as “Super Lawyers,” and our practice was recognized as one of US News and World’s Reports “Best Law Firms” in the area of Commercial Litigation. Jim and Jeff were also honored again as “Elite Lawyers,” and “Top 100 Trial Lawyers.” These individual awards are never possible without the tireless commitment of the entire Firm’s staff, and is a reflection of their outstanding efforts week in and week out.
On the eve of trial, we secured a favorable settlement in a commercial, breach of contract matter for a producer of construction materials who was owed almost $3 million by a customer. Taking an aggressive approach from the outset, we fought to have the matter quickly placed on the trial calendar of the Commercial Division of the Westchester Supreme Court, and then moved to dismiss the defendant’s primary defense. With the defendant having virtually no defense and facing trial in less than one week, we were able to secure victory for our client, through a negotiated settlement, secured with a personal guaranty from the defendant’s principal, who was not even a party to the lawsuit.
The Firm is delighted to have made several generous donations to worthy causes in the Westchester Community as we approach the Holiday giving season. These include:
The Nichols Center, an entity providing daily support to over 100 individuals with autism;
Cardinal McCloskey Community Services, a non-profit social service agency that provides services to some of the most vulnerable members of our communities including children in foster care, low- income families and developmentally disabled adults; and White Plains Police Benevolent Association, which supports our law enforcement members.
Culminating a four year legal battle, we are pleased to announce that the Firm secured an appellate victory that reversed a lower court ruling and dismissed all claims against a long-time client. Jeffrey I. Carton and Amber T. Wallace represented an employer whose seasonal employee was accused by a guest of engaging in race-based misconduct. Originally filed in federal court alleging racial discrimination in a public accommodation, we secured a swift dismissal of all of the putative federal claims. The action was then refiled in State Court, restyled as an alleged negligent hiring action, which the lower court erroneously failed to dismiss. On appeal, the Second Department reversed the lower court’s denial, and granted dismissal of all claims against our client, and awarded our client its appellate costs.
Congratulations to Jeff and Amber for this well-earned success that spanned four years and three different courtrooms.
The Title Insurance Law Newsletter, the authoritative source of land title industry litigation news since 1992, recently profiled a victory the Firm obtained on behalf of its client First American Title Insurance, Co. A link to the article can be found here: Title Insurance Law Newsletter Congrats to Steve Schoenfeld on his excellent advocacy, and for having his “careful documentation” recognized.
