Obtained a defense verdict as co-lead counsel for a boiler-manufacturer client, again prevailing on the defense that the plaintiff failed to prove the decedent would have followed a warning had one been provided by the client.

Tried a mesothelioma case in the US District Court for the District of New Jersey on behalf of a former insulation manufacturer, which resulted in a plaintiff’s verdict against Nancy’s client and two other corporations. Nancy’s client was assessed the smallest percentage of liability. 

Acted as the relationship partner and local counsel in her prior firm’s representation of a major boiler manufacturer in Pennsylvania, Connecticut, Massachusetts, Rhode Island and Delaware.

Representative appellate matters: 

• Wayne Soifer v. Arvin Meritor, Inc., Case No. 2023-05622:  Appeal in Supreme Court of New York, Appellate Division, First Department of trial court’s denial of summary judgment motion; motion for interim stay of trial pending appeal granted by First Department; appeal withdrawn due to favorable settlement following stay order. 
• Matter of New York City Asbestos Litig. (Seger v. Amchem Products, Inc., et al.), 206 A.D.3d 442 (2022): Successful appeal in the Supreme Court of New York, Appellate Division, First Department of trial court’s denial of client’s motion to dismiss for lack of personal jurisdiction.
• Whelan v. Burnham LLC, et al. 455 N.J. Super. 569, 190 A.3d 1090 (App. Div. 2018): Opposition to Appeal in the Superior Court of New Jersey, Appellate Division by plaintiff of order granting summary judgment to boiler manufacturer in asbestos product liability action. 
• Barile v. 3M Company, et al.: Successful Opposition to plaintiff’s appeal of partial directed verdict and remaining no-cause verdict in favor of petroleum producer client in asbestos premises liability case in both the Appellate Division and the Supreme Court of New Jersey.  (2014)
• Mull v. Exxon Mobil Corp., et al.: Successful interlocutory appeal in benzene-exposure case of trial court’s order requiring production of sensitive database, including successful emergent appeal to New Jersey Supreme Court to stay case pending appeal in intermediate appellate court. (2008)
• Prudential Ins. Co. of America v. U.S. Gypsum Co., et al., 359 F.3d 226 (3d Cir. 2004):  Successful opposition to plaintiff’s appeal of dismissal of RICO claims for asbestos property damage as barred by the statute of limitations.
• Class v. American Roller Die Corp., 308 N.J. Super. 47, 705 A.2d 390 (App. Div. 1998):  Successful appeal of trial court’s equal apportionment of liability among seriatim successor corporations and adopting client’s argument that damages should be apportioned based upon the number of years that the successor corporations manufactured the product line.
• Jackson, Andrews, Dickens, Fay v. ExxonMobil, et al.: Successful opposition in the New York Court of Appeals to plaintiffs’ appeals of orders granting summary judgment to petroleum producer clients in alleged benzene exposure cases brought on behalf of merchant seamen. (1995)
• Stevenson v. Keene Corp., 254 N.J. Super. 310, 603 A.2d 521 (App. Div. 1992): appeal involving issue of whether modifications to joint and several liability apply in asbestos-related personal injury actions.
• Bd. of Educ. of Clifton v. W.R. Grace, 258 N.J. Super. 94, 609 A.2d 92 (Law Div. 1992): Summary judgment granted to client based on government contractor defense in asbestos-in-school case.