Following oral argument today, the Superior Court of New Jersey (Burlington County) (Baldwin, J.) granted the Firm’s motion to dismiss an action alleging the Firm’s client, The Variable Annuity Life Insurance Company (“VALIC”), breached its annuity contract with plaintiff, was negligent, and breached its fiduciary duties in connection with alleged unauthorized withdrawals from plaintiff’s annuity account. In dismissing the action, the Court adopted each of the Firm’s arguments, including that plaintiff’s contract claims were time-barred, her negligence claim failed as duplicative of her breach of contract claim, and VALIC, as the issuer of an annuity, did not owe a fiduciary duty to plaintiff.
Fishkin Lucks won summary judgment today in the Supreme Court of New York (Kings County) (Dear, J.) on behalf of its client, The Variable Annuity Life Insurance Company (“VALIC”), against claims that VALIC breached its annuity contract with plaintiff in allegedly failing to make contributions to plaintiff’s 403(b) retirement plan. The victory allowed VALIC to avoid a lengthy trial.
Fishkin Lucks secured a voluntary dismissal with prejudice today of a substantial toxic tort wrongful death action brought against the Firm’s client, a Fortune 100 petroleum company, in the Superior Court of New Jersey (Camden County). Following a hearing on the Firm’s motion for summary judgment, Plaintiffs voluntarily dismissed all claims against the Firm’s client on the basis of our argument that pointed discovery revealed there was no issue of fact that the Firm’s client’s products did not cause or contribute to plaintiffs’ decedent’s injuries and death.
The Supreme Court of New York (Nassau County) (McCormack, J.) granted today the Firm’s motion for partial summary judgment dismissing claims brought by two of three plaintiffs against our client, a national life insurance company, for death benefits under a lapsed life insurance policy. The Court agreed with the Firm’s arguments that, based on an extensive record developed through discovery, the dismissed plaintiffs lacked standing as owners or beneficiaries under the lapsed policy.
Following a lengthy hearing, the Supreme Court of New York (New York County) (Coin, J.) granted today the Firm’s motion to dismiss 15 of 19 causes of action contained in an Amended Verified Complaint brought against our clients, American International Group, Inc., The United States Life Insurance Company in the City of New York (“US Life”), and Marsh & McLennan Companies. We successfully argued, inter alia, that the dismissed causes of action failed under the doctrines of res judicata and collateral estoppel in that they arose from the same operative facts and were virtually identical to cross-claims brought against US Life that the Firm successfully moved to dismiss in C.I.D.N.Y. – Independent Living Services v. Alan Gerson, et al. Index No.: 651452/2013 (New York County).
Fishkin Lucks is pleased to announce that Zack Silverman was named a 2015 “Rising Star” in the area of Business Litigation by NY Metro Super Lawyers®, a magazine and rating service for the legal community. Super Lawyers® bestows the “Rising Star” designation upon “the top up-and-coming attorneys in the state” who are 40 years old or younger. The selection process is a multi-phased, rigorous combination of peer nomination and review by an attorney-led research team. Lawyers throughout the State nominated Zack based on their first-hand observations of him in the courtroom, including as opposing counsel and co-counsel. Less than 2.5 percent of lawyers under the age of 40 are selected for this prestigious honor.
