Denlea & Carton


Law60(April 24, 2024, 4:52 PM EDT) — A proposed class of supplement buyers is suing a brain health supplement founded and promoted by podcaster Joe Rogan in New York federal court, saying the company’s own studies prove false its advertisement claiming the product is “clinically” proven to promote cognitive function.

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Following the recent Consumer Report’s study regarding the presence of high levels of lead and other harmful substances in children’s Lunchable meals, the Firm filed a consumer class action against Kraft Heinz, which it is prosecuting in Federal Court in New York.   See links below for recent media coverage reporting on the lawsuit.

Kraft Heinz Sued Over Lunchables, Parents Claim High Levels Of Metal (

Say What Now? Kraft Heinz Sued Over Lunchables, Parents Claim High Levels Of Metal |


Law360 (March 29, 2024, 5:02 PM EDT) — A surgeon with Connecticut Orthopaedics lost a scalpel blade during an operation in 2018 and tried to cover his tracks when X-rays revealed it had been sewn into the patient’s shoulder, a federal lawsuit alleges.

James Cooney of Baldwin Place, New York, claimed in his Thursday complaint in the District of Connecticut that Dr. Aaron Schachter fraudulently concealed his surgical malpractice for five years, causing permanent and life-altering injuries that could become fatal. Imaging of Cooney’s shoulder after an unrelated injury in 2023 showed the blade in his right shoulder, requiring a second operation by a different surgeon to remove it, he said.

“Predictably, after years of delay, the blade could not be removed from plaintiff’s shoulder in one piece, as It was friable, disintegrating and falling apart,” the complaint said. “This degradation of the metal is tangible evidence of the microscopic metal particles which create toxic metallosis, which can become clinically evident at any point between nine months and many years later.”

Cooney is represented by John L. Leifert of Denlea & Carton LLP.

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Many businesses with an online, retail presence have been the recipients of “website accessibility” lawsuits filed by plaintiff’s lawyers and their visually impaired “testers,” alleging violations of the Americans With Disabilities Act, and associated state antidiscrimination laws. Unfortunately, these lawsuits are often engineered more by the lawyers prosecuting them, and less by the visually impaired representatives named in them. We recently moved to dismiss a lawsuit filed against our client, a manufacturer of wilderness and outdoor adventure pre-cooked, ready to eat meals. Because our client was in full compliance with the Website Content Accessibility Guidelines (“WCAG”) and regularly monitored and updated its website, it refused to succumb to Plaintiff’s demand for nuisance value to settle the case. Instead, it moved to dismiss the Complaint in its entirety. Doing so successfully called the Plaintiff’s bluff; rather than oppose the motion, Plaintiff voluntarily dismissed it with prejudice. Congratulations to Craig, Steven and Jeff for helping the client vindicate its rights.

We’re thrilled to welcome Catherine Friesen to the Firm!

A former federal prosecutor in the EDNY, Catherine is an experienced litigator who has practiced extensively in both Federal and New York State Court. As an Assistant United States Attorney in Brooklyn, Catherine served as both lead and co-counsel in complex RICO/racketeering cases, handling all stages of the proceedings from grand jury investigations through pre-trial motions, trials, and appeals. She received two Directors Awards for Superior Performances as an Assistant U.S. Attorney and served as a Deputy Supervisor in the Violent Criminal Enterprises Section.

After moving to private practice, Catherine handled a variety of cases in New York State Court, including land use disputes, municipal law issues, personal injury matters and construction-related lawsuits. She has successfully argued numerous appeals before the Second Circuit Court of Appeals and the First and Second Departments of the New York State Appellate Division.

Catherine is a magna cum laude graduate of Harvard College and received her JD from Columbia Law School, where she was a Harlan Fiske Stone Scholar.


James R. Denlea

Jeffrey I. Carton

Robert J. Berg

Lindsey Leibowitz

Amber Wallace

John Leifert

Craig Cepler

Steven Schoenfeld

Stan Sharovskiy

Phil Smith

Martin McCann

Catherine Friesen

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