Latest Cases
Below are some recent case updates and news items related to the law firm of Bailey, Kelleher & Johnson, P.C.
Lead Poisoning Litigation
John W. Bailey and Catherine P. Ham have participated in an national program which addressed current legal and medical issues affecting lead poisoning litigation.
"Daubert" motion in Wal-Mart case
Bailey, Kelleher & Johnson, P.C. recently won a "Daubert" motion and a motion for summary judgment in the United States District Court for the Northern District of New York. Our client, Wal-Mart, was sued for personal injuries by a severely burned infant. The claims against Wal-Mart were based upon a "defect" in an alleged flammable fabric. United States Magistrate, George M. Lowe, granted the "Daubert" motion, finding that the plaintiff's expert was not qualified to render the opinions he held. In a 122-page decision, Judge Lowe meticulously analyzed the evidence and case law. He ultimately concluded that none of the plaintiff's claims should proceed to jury trial.
Defending Saratoga County catastrophic injury claim
Bailey, Kelleher & Johnson has been retained to defend Saratoga County in a catastrophic injury claim brought by a motorcyclist. The claim is based upon allegations of defective highway design and maintenance.
Defending Saratoga Springs Police Department
Bailey, Kelleher & Johnson has been retained to defend the City of Saratoga Springs against allegations of excessive force used by members of the city's police department.
Defending Ulster County against alleged civil rights violations
Bailey, Kelleher & Johnson has been retained to defend Ulster County against alleged civil rights violations in connection with the county's refusal to issue permits to a company purporting to be a vineyard. The company is seeking protection as an agricultural enterprise.
Retained by Town of Rotterdam to defend police department
Bailey, Kelleher & Johnson has been retained by the Town of Rotterdam to defend its police department. The allegations include improper use of a “flashbang” when extricating a suspect from a building. The building sustained serious fire damage and people within the structure were allegedly injured.
Successful defense against alleged defective product
Bailey, Kelleher & Johnson has successfully defended Erie Magnet Corporation against allegations of a defective product which caused serious crush injuries to the plaintiff’s hand.
Firm added to New York State Liquidation Bureau panel counsel
The New York State Liquidation Bureau has recently reconstituted its panel counsel. The Bureau has added Bailey, Kelleher & Johnson to its list of firms to be retained to defend corporations, businesses, municipalities and individuals whose liability insurance company has entered rehabilitation.
Two recent successes in SUM arbitration cases
Bailey, Kelleher & Johnson, P.C. was also recently successful in two SUM arbitration cases. Facing demands for the entire SUM coverage, we successfully persuaded the assigned arbitrator to return modest awards far below the policy limits and demands.
John W. Bailey visits Austin, TX for speaking engagements
John W. Bailey was a featured speaker in Austin, Texas. He spoke before the Property Loss Research Bureau and Liability Insurance Research Bureau.
John W. Bailey speaks at New York State Bar Association seminar
John W. Bailey was a speaker at a New York State Bar Association continuing education seminar. He spoke on the subject of direct and cross-examination of technical and medical witnesses.
Successful defense against subrogation claims
John W. Bailey has successfully defended the Galesi Companies against several large subrogation claims. The Galesi Companies own several large warehouses in the Scotia Industrial Park. A fire erupted in space occupied by a company which recycled used tires. The entire building and the contents belonging to several other manufacturing concerns were totally destroyed by the fire. Galesi, as the landlord, faced numerous claims which ultimately centered on the building's fire suppression system. A successful defense was developed focusing on the origins of the fire and the speculation over whether the fire suppression system, if operating perfectly, would have made a difference.
Contact the firm today
For counsel regarding personal injury or product liability defense, contact Bailey, Kelleher & Johnson, P.C. today.
