Recent Verdicts

Our firm obtained a $9.4M jury verdict for a motor vehicle accident victim who required multiple surgeries.

The firm represented a limo driver who was driving on the Long Island Expressway. A box truck collided with a dump truck, became airborne, and landed on our client's car. He had knee and neck injuries, requiring knee surgery and epidural injections. A verdict of $7.3M was awarded in March 2010.

The firm represented our client who was bicycling on White Plains Road when he attempted to pass between a parked vehicle and a public bus. Our client became wedged between the bus and vehicle, and injured his knee, which required knee surgery to fix. A verdict of $550,000 was awarded in September 2009.

The trial court's decision to dismiss our client's claim for serious physical injuries suffered in a rear-end collision was reversed.

The firm obtained a $52M settlement with ExxonMobil Corporation and other defendants on behalf of numerous municipalities and municipal water districts whose potable drinking water sources were endangered and contaminated by leaks of the petroleum additive MTBE.

The firm obtained an $11 Million groundwater contamination settlement for a water district serving over 48,000 residents in an action against several industrial entities for contamination of its drinking water supply wells.

The firm represented a Water District and its over 3,000 clients for damages resulting from MTBE contamination of their drinking supply wells in Pascoag, Rhode Island. For several weeks after the contamination was discovered, the residents were without water completely while the Water District negotiated with a nearby town to hook into their water supply. The $7 million dollar settlement was approved by the Court on June 28, 2012.

Our firm obtained a $3.6M settlement for a Floridian town whose groundwater was contaminated from a chemical manufacturing plant and industrial properties.

The firm represented over 50 residents of Dimock, Pennsylvania in their action against a natural gas companies for contamination of their drinking supply wells. Many of these people were featured in the 2010 award-winning "Gasland" documentary exposing the hazards of hydraulic fracturing. The terms of the August 2012 multi-million dollar settlement are confidential.

The firm represented over 300 residents of Greenpoint, Brooklyn in their action against several oil companies for personal injury and property damage caused by one of the longest ongoing oil spills in United State history. The terms of the multi-million dollar settlement, entered into in December 2011, are confidential.

The Second Department affirmed the trial court's denial of summary judgment to chiropractor, holding that a physician retained to perform a physical examination for Workers Compensation or Disability purposes can be held liable for medical malpractice where the physician affirmatively interferes with the patient's treatment to his detriment.

The court affirmed a denial of summary judgment to general practitioner who claimed that her failure to refer a patient suffering neurological disorder that rendered him quadriplegic for specialist consult was not a departure from good medical practice because she did not have the neurological expertise to recognize that the patient was suffering from a systemic neurological disorder rather than a herniated lumbar disc.

The appellate court reversed the trial court's order granting summary judgment on a catastrophically brain-damaged infant claim and reinstated the plaintiffs' complaint.

Reversing dismissal of plaintiff's complaint by the trial court which abused its discretion in refusing to consider plaintiffs' opposition and cross motion, delivered late to court due to interruption of transit service in a torrential rainstorm.

Jury awarded a former U.S. Navy machinist mate $35,333,209.00 as a result of being exposed to asbestos while working on equipment that the manufacturers knew, or should have known, was unreasonably dangerous.

$12.1M jury verdict for a Navy machinist mate with mesothelioma, an incurable cancer caused by asbestos, and for the machinist mate's wife.

The firm negotiated a $30.75 Million oil royalty settlement for a class of over 4,500 royalty interest owners in Oklahoma against several large oil companies for their unauthorized deduction from royalty payments owed to claimants.

The firm obtained a $7.8 Million settlement value on behalf of customers whose personal and financial information was compromised due to the company’s failure to properly protect this information.

The firm represented our client, a guest in the building, who leaned against an elevator door, believing it to lead to laundry facilities. The elevator door swung open from below, and he fell down the shaft, breaking part of his spine, tearing his urethra, and dislocating his shoulder. The Verdict of $1.9M was awarded in May 2010.

The firm obtained a $1.8 Million settlement on behalf of a construction worker who was electrocuted and fell from a scaffold that resulted in injuries requiring a cervical fusion.

The firm achieved a landmark settlement on behalf of thousands of plaintiffs injured as a result of taking defective diet medications.

The firm achieved settlements on behalf of users of a pharmaceutical that caused heart defects.

The firm achieved settlements on behalf of users of a pharmaceutical that caused heart defects.

The firm represented a retail customer of a registered broker-dealer in a fraud and self-dealing case. Following a three-day arbitration, a panel of three arbitrators found McGinn Smith guilty of self-dealing and awarded our client his full out of pocket losses.

The firm represented a retail customer who purchased a financial institution's bond funds from third party broker-dealer. The Client alleged that the financial institution misled investors and their brokers concerning the funds holdings. After intense litigation, the chair rejected the financial institution's argument that those who relied on the firm's representations contained in the prospectus and other materials disseminated by the firm did not have standing to hold the firm liable in FINRA and awarded the Client her full loss.

The firm represented a retail customer in the inappropriate purchase of a private placement that defaulted on its debt. The Client argued that the purchase of the private placement violated the Investment Advisor Act of 1940's “Qualified Purchaser” provision that was designed to protect consumers from investing in speculative investments. The panel awarded the Client restitution with interest.

The trial court's order was affirmed in favor of our client, a litigation financial services company, finding that an arbitration clause in a litigation financing contract was effective against the contracting litigant despite collateral claims that the matter should remain in Supreme Court because the contracting litigant claimed that his trial attorney had been dismissed for cause.

The firm negotiated a historic settlement of over $800M for more than ten thousand workers' claims against the City of New York, its contractors and other defendants in the mass tort litigation where first responders, construction workers and laborers became ill as a result of toxic exposures suffered during the debris removal and clean up operations at the World Trade Center and related sites following the September 11, 2001 attacks.

The firm obtained a $47.5M settlement for Injuries sustained by Rescue and Recovery workers at ground zero from toxic dust recovered from The Port Authority of New York and New Jersey.

The firm obtained a $28M settlement for Injuries sustained by Rescue and Recovery workers at ground zero from Toxic dust while working on the Barges and Piers.

The firm obtained a $24.5M settlement for Injuries sustained by Rescue and Recovery workers at ground zero from toxic dust at Fresh Kills landfill.