Thank you for sharing!

Your article was successfully shared with the contacts you provided.
SINGLE CLAIM AGAINST WEIL GOES FORWARD NEW YORK — A Manhattan Supreme Court judge has dismissed a legal malpractice claim against Weil, Gotshal & Manges but permitted a claim for breach of fiduciary duty to go forward. Annette and Randi Fischer, principals of Fashion Boutique of Short Hills Inc., had charged that Weil, Gotshal had been conflicted in representing them in a suit against Fendi USA Inc. because the firm also represented Prada USA, which acquired a substantial interest in Fendi during the representation. Unlike their malpractice claim, the Fischers’ breach of fiduciary duty claim did not require a showing of proximate causation of damage, Manhattan Supreme Court Justice Richard Lowe wrote in Weil, Gotshal & Manges v. Fashion Boutique, 100630/03. Rather, they needed only to show that the alleged conflict was a significant factor in the alleged economic loss. “The litigation business which Weil Gotshal was receiving from Prada, beginning in late 1999, could arguably have adversely affected the quality of Weil, Gotshal’s representation of Fashion Boutique in its action against Fendi, given Prada’s acquisition of an ownership interest in the parent company of Fendi, also in late 1999,” the judge wrote. The Fischers sued Weil, Gotshal for $15.6 million in a counterclaim action following a suit by the law firm for $2.7 million in unpaid legal bills. — The New York Law Journal JURY LETS FORD OFF HOOK IN ROLLOVER SUIT ATLANTA — Lawyers on both sides of Vittorio and Rosanna DiMaso’s product liability case against Ford Motor Co. fought ferociously for leverage under a 2003 U.S. Supreme Court decision urging moderation in punitive damages. They fought needlessly, as it turned out. Jurors returned defense verdicts on all counts after listening to a monthlong trial before Cobb Superior Court Judge Toby Prodgers. The DiMasos had accused Ford of designing and manufacturing a flawed sport utility vehicle — the 1992 Explorer — and failing to inform the public that certain conditions would cause it to flip in DiMaso v. Ford. In addition to product liability claims, the DiMasos claimed breach of express and implied warranties, and failure to warn drivers of the dangers they faced in taking the Explorer out on the road. Ford, they claimed, knew about the SUV’s defects and did nothing about them. The DiMasos sought damages for their medical bills, the cost of past and future health care, and mental and physical pain and suffering. They also sought punitive damages for what they called Ford’s “reckless and willful” behavior and “conscious indifference to the consequences of its actions.” The DiMasos’ case attracted some national attention because it was the first to take place against the backdrop of the U.S. Supreme Court’s decision in State Farm Mutual Automobile Insurance Co. v. Campbell. In that decision, the justices called for “vigorous judicial scrutiny of punitive damages awards.” — Fulton County Daily Report

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at [email protected]om


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2020 ALM Media Properties, LLC. All Rights Reserved.