2011 U.S. Dist. LEXIS 62938 (E.D.N.C. June 13, 2011) (won dismissal for pest control company against plaintiff’s claims for negligence, fraud, unfair and deceptive trade practices, and punitive damages on grounds that economic loss rule barred negligence claim and plaintiff’s failure allege sufficient aggravating facts barred all other non-contract claims).
, 2010 NCBC 6 (N.C. Business Court, March 19, 2010) (won complete summary judgment in favor of former officers and directors of insolvent property and casualty insurance company on Commissioner of Insurance's claims for breach of fiduciary duty and unfair and deceptive trade practices, which sought in excess of $40 million in damages, on ground that challenged decisions and financial statement filings did not evince bad faith or self-dealing and were protected by business judgment rule and appropriate reliance on outside actuaries).
., 2009 U.S. Dist. LEXIS 83467 (M.D. Tenn. Sept. 14, 2009) (won dismissal for bus manufacturer against product liability claims arising from fire on ground that warranty exclusions barred all contractual causes of action).
., 293 S.W.3d 487 (Tenn. 2009) (persuaded Tennessee Supreme Court that economic loss rule precludes liability in tort even where damage to product occurs in sudden, calamitous manner).
2008 WL 5377993 (D. Nev. Dec. 23, 2008) (won dismissal for bus manufacturer on product liability claims arising from fire on ground that economic loss rule and application of warranty exclusions barred causes of action seeking relief for destruction of bus).
., 2008 U.S. Dist. LEXIS 14015 (E.D.N.Y. Feb. 25, 2008) (won dismissal for bus manufacturer against product liability claims arising from fire on ground that economic loss rule and application of warranty exclusions barred all causes of action).
., Index No. 18348/05 (N.Y. Supreme Court, Queens, Jan. 30, 2008) (won summary judgment for bus manufacturer against mechanic, who claimed fingers were severed while working on allegedly defective air conditioning system, on ground that plaintiff’s expert affidavit was insufficient to state a prima facie product liability claim) aff'd, 2009 N.Y. App. Div. LEXIS 7291 (Oct. 13, 2009).
., 2007 WL 1652286 (M.D.N.C. June 6, 2007) (won dismissal of claim for implied warranties of merchantability and fitness for a particular purpose in case arising from fire which destroyed excavator; court relied on conspicuous exclusions contained in limited warranty).
2007 WL 1101444 (D.N.J. Apr. 11, 2007) (won dismissal of product liability and negligence claims asserted against transit bus manufacturer in case arising from fire which destroyed bus; court relied on economic loss doctrine to bar claims).
., Case No. 04 CVS 9871 (Wake County, N.C. 2006) (won directed verdict after 7 days of jury trial on homeowner's $3 million claim against homeowner's insurance carrier for unfair and deceptive claims practices which allegedly caused mold contamination throughout house and allegedly led to permanent injury from plaintiff's toxic mold exposure), aff’d, 657 S.E.2d 712 (March 4, 2008).
., Case No. 01 CVS 13529 (Wake County, N.C. 2006) (won $2,500,000 judgment following 3-week jury trial on behalf of corporate sales executive harmed by exposure to toxigenic molds in office environment), aff'd, 652 S.E.2d 660 (Nov. 11, 2007).