Current Litigation

Margaret Puente v. T.P. Restaurant, et al Index No. 04/24610, (Supreme Court, Bronx County)

Several years before his demise the legendary salsa great, Tito Puente, entered into a long term contract by which he lent his name and likeness to a restaurant in exchange for annual payments. Following his demise, the restaurant defaulted on its contractual obligations to Mr. Puente. The Firm is representing the Estate in an action to recover the monies owed.

Estee Lauder Cosmetics v. Microdental Laboratories, 05-Civ-7659, (SDNY)

Our client, Microdental Laboratories, is defending a charge of a trademark infringement arising out of the use of the trademark “MAC” in connection with the sale of dental veneers.

Dwyer v. Stewart Title Insurance Co., et al, Index No. 111673/05, (AAA)

This arbitration concerns our client’s claims for unpaid commissions owed him from his tenure with Stewart Title Insurance Company.

In re: Grand Theft Auto Video Game, 05-Civ-6734 (BSJ), (SDNY)

The Firm has been appointed Co-lead Counsel in this consumer fraud action arising out of the explicit sexual material imbedded in the popular video game “Grand Theft Auto: San Andreas.”

Casey v. Johnson & Johnson, et al, 05 Civ 05-5394 (KSH)(D. N.J.)

The Firm represents a putative nationwide class of consumers who purchased the Ortho Evra birth control patch. The litigation follows closely on the heels of the FDA’s warning that the incidence of pulmonary embolism is significantly greater with the patch than it is with the pill.

Breedlove v. Window Rock Ent., Inc., et al, 04 CC 00610, (Superior Court, Orange County, California)

This action seeks redress for the false and deceptive advertising concerning the popular diet supplement CortiSlim. The Firm represents consumers across the country. One of the defendants recently filed bankruptcy and the Firm has been appointed as a member of the official Creditors’ Committee overseeing the bankruptcy reorganization.

Montesinos v. McLeod, 18756/04, (Supreme Court, Bronx County)

This action concerns a female child who was scalded over 70% of her body due to her landlord and plumbing contractor’s failure to regulate water temperatures in her apartment residence.

Austrian v. UHC/Oxford, 05-4010633-S, (Superior Court, Bridgeport, CT)

The Firm represents four Connecticut physicians’ challenge to the merger of Oxford and United Health Care. Specifically, the suit challenges on anti-trust grounds, among others, United and Oxford’s refusal to allow physicians to provide services to patients of one insurer without also providing benefits to patients of the other insurer.

Wilt, et al v. General Electric, et al, Index No. 05/563, (Supreme Court, Saratoga County)

The Firm is prosecuting a lawsuit against General Electric and the New York State Energy Research & Development Authority for the deaths and/or injuries of four men involved in an explosion at a former rocket weapons-testing facility outside of Saratoga, New York.

Gaud v. Boyd Gaming, et al, (New Jersey)

In 2004, The Borgata Casino implemented a “personal appearance policy” which precluded its costumed beverage servers from gaining more than 7% of their total body weight. The Firm represents two “Borgata Babes” in their employment discrimination claims against the Casino.

Donald R. Whitting v. Guidant Corporation, et al

The Firm, acting on behalf of the widow and estate of a Connecticut man who died due to a defective pacemaker, has filed suit against the manufacturer, Guidant Corporation, and two of its subsidiaries. Donald R. Whitting, plaintiff-decedent, passed away in September 2004 just two days after receiving a Guidant Model 1298 Insignia Pacemaker. Mr. Whitting had been the Risk Manager for the city of Stamford, Connecticut.