Thursday, February 07, 2008

Graham v. Dunkley is reversed

The 2d Department finally overruled this decision, which declared the Transportation Equity Act of 2005 ("TTEA") (which preempted state laws holding automobile leasing companies liable for torts involving the leased vehicle) to be an unconstitutional exercise of Congressional authority under the Commerce Clause. Now that Graham is finito, NYVTL section 388 is, without question, preempted. Another blow to advocates of the "power" of the Tenth Amendment.

http://abuffalolawyer.blogspot.com/2007/10/graham-v-redux-is-lone-wolf.html

http://abuffalolawyer.blogspot.com/2006/10/caveat-lessor-vicarious-liability.html

Tuesday, February 05, 2008

NDNY jury finds for automobile manufacturer




Webster Szanyi LLP recently obtained a defense verdict in federal court for a products liability case involving an automobile manufacturer. The verdict came after more than two weeks of trial, which saw NYSP personnel changing their testimony, surprise witnesses (plaintiffs' counsel identified before trial more than 40 witnesses that were not disclosed in discovery), and contested causation and accident reconstruction issues. None of which mattered in the end because the product was found to be not defective and the manufacturer not negligent. Lead counsel Kevin Szanyi eviscerated the opposing expert, who claimed to be an expert in "any machine," including cookie making machines, meat slicers, cars, boats, lighting conditions (for slip-n-fall cases), tanks, armored cars, etc. ABL is pictured sitting in the buc, a trial exhibit consisting of the cab section of the 1994 Dodge Dakota used by the defense expert for testing.