Manufacturing

• Represented a national lighting manufacturer and supplier in connection with the substantive revising of its terms and conditions of sale.

• Obtained an order dismissing the case with prejudice following a successful motion to dismiss under Rule 12 of the Federal Rules of Civil Procedure. The client successfully demonstrated that it had immunity from the majority of the plaintiffs' claims under the Protection of Lawful Commerce in Arms Act and that the plaintiffs were otherwise unable to state a viable cause of action on their remaining claims for breach of the Texas Deceptive Trade Practices Act and for breach of implied warranty of merchantability.

• Successfully challenged four "serious" citations of alleged violations of OSHA's hearing conservation program standards, resulting in the withdrawal of one citation, the reduction of three citations to "other than serious," and a 50-percent fine reduction, on behalf of a hardwood flooring manufacturer.

• Successfully obtained summary judgment dismissal of the action with prejudice. After the client, a distributor of automotive products and solvents, made a prima facie showing of entitlement to summary judgment based on indemnity agreements and pass-through liability theory of defense, the plaintiff failed to demonstrate that the client had any independent liability for which it was not entitled to indemnification from the product manufacturer(s).

• Represented a client in disability and family status discrimination claims filed by a former employee before the New York State Division of Human Rights, who found no probable cause that the client engaged in or is engaging in discrimination.

News

• Jim Canfield Interviewed for Buffalo Business First Article on Life Storage Merger