Denlea & Carton’s April 2022 Newsletter
As Spring approaches, we hope you will join us to reflect on the first quarter of 2022. Our thoughts and prayers go out to the brave men and women of Ukraine who are fighting for their survival, and closer to home, we remain vigilant as to COVID’s ever-shifting form and continued assault upon us. We celebrate the historic appointment of Judge Ketanji Brown Jackson to the Supreme Court, and we remain stupefied by Will Smith’s behavior at the Oscars. Tom Brady retired, and then returned, and St. Peters made a Cinderella run for the ages. Against the backdrop of these political, cultural and societal mileposts, we gained important perspective that dignity, decorum, respect and kindness continue to be character traits in short supply. We will continue to do our part to stem that unfortunate tide, and hope you will too in anyway possible. Here’s to the rest of 2022 . . .
Your Friends and Colleagues at Denlea & Carton.
Commercial Division Judge Dismisses Non-Contract Claims in Royalty Dispute
The Firm moved successfully to dismiss a hodge-podge of common law claims asserted against our client in an action regarding the alleged breach of a technology transfer agreement. Despite the plaintiff’s concession that the crux of the action arose from the plaintiff’s demand for royalties under the parties’ written agreement, the complaint was littered with a host of non-contractual causes of action. We moved to dismiss those claims, as well as to have an executive of the company dismissed in his individual capacity from the lawsuit. The Court agreed, and granted our motion in its entirety. Nice work Jeff, Amber and Craig !!
Consumers Seek Redress for Robitussin’s Deceptive “Non-Drowsy” Marketing Claim
The Firm is proud to be representing a putative class of New York consumers who were deceived by Robitussin’s claim that its popular line of cough suppressants containing DXM is alleged to be “non-drowsy.” The lawsuit, filed in Federal Court in White Plains and led by Jim, alleges that the makers of Robitussin knew that DXM is clinically proven to cause drowsiness as reflected in the medical, scientific literature, and by the fact that in the UK it is marketed with a “black box” warning concerning the potential side effects of DXM causing drowsiness. The lawsuit represents the latest chapter in our long and distinguished commitment to eradicate consumer fraud in whatever form it takes.
Real Estate Project Awarded Specific Performance To Cure Partner’s Default
In an on-going litigation in Rockland County concerning a mixed-use development of waterfront property along the Hudson River, the Firm was pleased to win an award of specific performance directing our client’s development partner to convey a parcel of real property to the parties’ LLC as required by the terms of their Operating Agreement. The Court’s decision rejected the defendant’s attempt to renege on his contractual promise,and turned aside his attempt to dissolve the parties’ entity.
Negligence Action Settles On Eve of Trial
On the eve of trial, we secured a favorable settlement for a young woman who suffered injuries to her lower extremity while trying to descend a rotted, and poorly maintained, stairway attached to an outdoor deck. The woman, who had two surgeries to repair her injured knee, received a significant cash payment to redress the pain and suffering she has endured since her fall.
Giving Back to the Community
One of 2022’s most exciting initiatives for us is the formal launch of Denlea & Carton.Com
The Firm has always prided itself on its contingent representation of personal injury victims, especially those who require (but are unable to find, afford or secure) top-flight legal talent to ensure their rights are protected, and fully vindicated. The Firm has agreed to lean in fully to this worthwhile pursuit and is now “powering” a website dedicated to these victims. Offering free consultations, fully contingent fee arrangements, and 24/7/365 availability and service, we are excited to offer this service to those in our communities.