Liebhauser and Kaushik Secure Dismissal of Labor Law Claims and Contractual Indemnification in Favor of General Contractor Client

Lynda Liebhauser and Shorav Kaushik successfully secured dismissal of plaintiff’s Labor Law section 200 and 241(6) claims against our clients, the owner and general contractor of the project.   Plaintiff alleged he was injured when a dolly collapsed while moving a piece of a crane on the dolly.  Plaintiff argued the occurrence was caused by negligence on the part of employees, the general contractor, and its agents.  In addition to BMM obtaining the dismissal of plaintiff’s claims, the Court granted our motion for contractual indemnification and common law indemnification against the subcontractors who hired plaintiff’s employer.

This result was a team effort, our office expertly developed a strategy to obtain a successful summary judgment motion and achieve this excellent result for our clients.

Partner Lynda Liebhauser Achieves Early Settlement in High Exposure Case

Partner Lynda Liebhauser obtained an early and favorable settlement for the firm’s construction client in a Labor Law case. The plaintiff claimed that he stepped into a gap between scaffold platforms while performing painting work, sustaining multiple injuries including significant economic losses. A third-party action was commenced against the firm’s construction client, the plaintiff’s employer. The owner and general contractor also commenced a declaratory judgment against the employer and other trades on the job site.

After conducting a limited deposition of the plaintiff on liability issues, the parties engaged in early settlement discussions. The case was settled on favorable terms to our client and included a dismissal of the declaratory judgment along with a waiver of all costs associated with the coverage claims.

Achieving advantageous and early resolution is another example of the firm’s proactive approach. Life Cycle is an integral key performance indicator at Barry, McTiernan & Moore with attorneys like Ms. Liebhauser continuing to lead the way in facilitating early resolutions.

Barry McTiernan & Moore appoints Lynda Liebhauser as New Jersey Managing Partner

Barry McTiernan & Moore is pleased to announce that Lynda Liebhauser has been appointed Managing Partner of the firm’s New Jersey office.

Lynda joined BMM as a partner in 2021, bringing over 20 years of litigation experience to the team. Her practice areas include premises liability, construction defect litigation, automobile liability, uninsured/underinsured motorist coverage, labor law, and professional liability. Numerous favorable outcomes have been achieved for her clients through her adept handling of cases through trials in various state and federal courts.

Lynda brings years of management experience to the position. As part of her new role, Lynda will be responsible for further integrating the New Jersey office into the BMM network. She will focus on client growth and development, technology improvements, as well as maximizing profitability for the firm. The appointment of Lynda Liebhauser affirms BMM’s commitment to clients, continued growth, and deepening the firm’s reach across the tri-state area.

Please send congratulations to Lynda!

Partner, Lynda Liebhauser to speak at the 2022 CLM Alliance Annual Conference

Partner, Lynda Liebhauser will be presenting at the CLM Alliance Annual Conference on the session titled “The Blame Game: Retail, Restaurant & Hospitality Edition”. The CLM conference will take place from March 23rd to March 25th., 2022 in Palm Desert, CA.

Session Description – “The Blame Game: Retail, Restaurant & Hospitality Edition”

Just like the popular CLM Magazine Blame Game series, we will produce information about actual jury verdicts including facts about liability and damages, as well as venue and other key elements, and offer opinions about the outcome, including soliciting participation by attendees. Verdicts will be from across the country and will focus on claims made against retail, restaurant, and hospitality businesses.