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Partner Litigation & Intellectual Property Practice
Raleigh (919) 899-3071 Phone (919) 833-6352 Fax
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Practices |
Alternative Dispute Resolution Construction & Engineering Law Litigation National Business Tort and Product Liability
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Litigation practice focuses on product liability, personal injury and wrongful death, mass torts, commercial contract disputes, business torts, unfair trade practices, construction, mediation and arbitration.
Relevant Experience
- Over 15 jury and non-jury trials in state and federal court and in arbitration.
- National coordinating and litigation counsel for major manufacturer of luxury motor coaches and transit buses on all product liability matters including fires, property damage, personal injuries, and warranty claims.
- Defending hazardous waste generator against class action litigation brought by plaintiffs seeking certification of class of 17,000 people affected by chemical explosion.
- Defended heavy construction machinery manufacturer against fire loss claims and litigation.
- Defended lawn tractor manufacturers against claims involving rollovers, fires, burn injuries, and blade contact injuries.
- Defended airplane engine manufacturer against wrongful death cases resulting from fatal airplane crash.
- Defended vehicular accident cases involving significant personal injuries and death.
- Defended construction products manufacturers in hundreds of products liability and construction defect cases across Southeast.
- Represented Fortune 500 corporation in litigation over property damage caused by defective products and construction defects on 102 fast food restaurants in North and South Carolina.
- Defending former executives and directors of liability insurance company against claims by the Commissioner of Insurance that their alleged misconduct resulted in insolvency and $40 million shortfall to pay claims.
Recent Results Achieved for Clients - Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., 2009 U.S. Dist. LEXIS 83467 (M.D. Tenn. Sept. 14, 2009) (won dismissal for bus manufacturer against product liability claims arising from fire on ground that warranty exclusions barred all contractual causes of action)
- Lincoln Gen. Ins. Co. v. Detroit Diesel Corp., 2009 LEXIS 512 (Tenn. Aug. 21, 2009) (persuaded Tennessee Supreme Court that economic loss rule precludes liability in tort even where damage to product occurs in sudden, calamitous manner)
- Progressive Insurance Company v. Sacramento County Coach Showcase, 2008 WL 5377993 (D. Nev. Dec. 23, 2008) (won dismissal for bus manufacturer on product liability claims arising from fire on ground that economic loss rule and application of warranty exclusions barred causes of action seeking relief for destruction of bus)
- World Wide Tours of Greater NY, Ltd. v. Parker Hannifin Customer Support, Inc., 2008 U.S. Dist. LEXIS 14015 (E.D.N.Y. Feb. 25, 2008) (won dismissal for bus manufacturer against product liability claims arising from fire on ground that economic loss rule and application of warranty exclusions barred all causes of action)
- Bruno v. Thermo King Corp., Index No. 18348/05 (N.Y. Supreme Court, Queens, Jan. 30, 2008) (won summary judgment for bus manufacturer against mechanic, who claimed fingers were severed while working on allegedly defective air conditioning system, on ground that plaintiff’s expert affidavit was insufficient to state a prima facie product liability claim) aff'd, 2009 N.Y. App. Div. LEXIS 7291 (Oct. 13, 2009)
- Auto-Owners Ins. Co. v. Komatsu America Corp., 2007 WL 1652286 (M.D.N.C. June 6, 2007) (won dismissal of claim for implied warranties of merchantability and fitness for a particular purpose in case arising from fire which destroyed excavator; court relied on conspicuous exclusions contained in limited warranty)
- Trans Hudson Express, Inc. v. Nova Bus Co., 2007 WL 1101444 (D.N.J. Apr. 11, 2007) (won dismissal of product liability and negligence claims asserted against transit bus manufacturer in case arising from fire which destroyed bus; court relied on economic loss doctrine to bar claims)
- Burrell v. Sparkkles Reconstruction Co., Case No. 04 CVS 9871 (Wake County, N.C. 2006) (won directed verdict after 7 days of jury trial on homeowner's $3 million claim against homeowner's insurance carrier for unfair and deceptive claims practices which allegedly caused mold contamination throughout house and allegedly led to permanent injury from plaintiff's toxic mold exposure), aff’d, 657 S.E.2d 712 (March 4, 2008)
- Cameron v. Merisel Properties, Inc., Case No. 01 CVS 13529 (Wake County, N.C. 2006) (won $2,500,000 judgment following 3-week jury trial on behalf of corporate sales executive harmed by exposure to toxigenic molds in office environment), aff'd, 652 S.E.2d 660 (Nov. 11, 2007)
Background
- Visiting Assistant Professor and Director of Legal Writing, University of Illinois College of Law, 1994–96
- Associate, Fuller, Becton, Billings & Slifkin, P.A., 1992–94
- Law Clerk, Hon. W. Earl Britt, U.S. District Court, Eastern District of North Carolina, 1990–92
Membership
- Admitted to practice: All North Carolina state and federal courts and U.S. Court of Appeals, Fourth Circuit
- Admitted pro hac vice in state and federal courts in New York, New Jersey, Ohio, Virginia, South Carolina, Tennessee, Georgia, Florida, Alabama, Louisiana, Texas, Oklahoma, Arkansas, Nevada, and California
- Chair, Litigation Section, North Carolina Bar Association (2003-2004)
- Vice-Chair, Product Liability Committee, North Carolina Association of Defense Attorneys (2009-2010)
- CLE Chair, Product Liability Committee, North Carolina Association of Defense Attorneys (2006-2007)
- Member, Strategic Planning/Emerging Trends Committee, North Carolina Bar Association (2006-2010)
- Member, Continuing Legal Education Committee, North Carolina Bar Association (2004-2010)
- Member, Tort Reform Task Force, North Carolina Bar Association (2003-2006)
Awards and Professional Recognition
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Named "North Carolina Super Lawyer -- Civil Litigation Defense" by North Carolina Super Lawyers magazine (2006-2010)
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Recognized as "North Carolina Legal Elite -- Litigation" in Business North Carolina magazine (2008-09)
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Recognized as one of "Top Lawyers in Triangle" in Business Leader magazine (2008)
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Fellow, Litigation Counsel of America
Education  - J.D., University of North Carolina School of Law, with highest honors, Order of the Coif, North Carolina Law Review; Quarter-Finalist, National Moot Court Competition, 1990
- B.A., University of North Carolina, with highest honors in political science, 1987
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Steven Epstein
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