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Parker McCay Commercial Litigation Attorneys Get All Claims Dismissed

Defended Client in Product Liability Lawsuit - Court Dismissed All Claims
August 30, 2021

Parker McCay’s Commercial Litigation Group successfully defended a building product manufacturer in a multi-million dollar lawsuit brought by a New Jersey condominium association over several issues allegedly affecting a multi-story condominium building. The plaintiff sued over twenty parties, including our client who manufactured a particular building component product incorporated into the building by others. After strategically investigating the plaintiff’s claims and conducting targeted written discovery, attorneys Harris Neal Feldman and John Neckonchuk filed a Motion for Summary Judgment based on legal arguments related to, among other things, the NJ Product Liability Act, the economic loss doctrine, the integrated product doctrine, and the NJ Uniform Commercial Code, along with arguments based on our client’s written, limited warranty and terms and conditions of sale. The Court correctly sided with our client and dismissed all claims and crossclaims against it in their entirety and with prejudice. Because of the dismissal, the client avoided the need to participate in costly depositions, expert discovery, and other proceedings in the case. This was an important win for our client and all product manufacturers faced with tort and contract claims for purely economic losses because it reaffirmed New Jersey law that seeks to place reasonable limitations on product manufacturers’ potential liability.

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