James Coons

Work Highlights

Defense

• Member of Ansa Assuncao team that petitioned for certiorari to the United States Supreme Court on behalf of British manufacturer, resulting in reversal of the lower court’s finding of jurisdiction over the company, despite lack of constitutional minimum contacts, dismissal of claim, and clarification of the “stream of commerce” theory of personal jurisdiction.
• Obtained summary judgment dismissal on behalf of contractor defending lawsuit alleging property damage from fire, decision upheld on appeal to the New York Appellate Division, Second Department. 
• Obtained summary judgment on behalf of contractor defending subrogation property damage lawsuit on issue of recoverable damages, limiting subrogated insurer’s recovery to the “lesser of two” (diminution of value or repair costs) 
• Obtained dismissal of property damage product liability lawsuit due to subrogated insurer’s spoliation of product at issue.  
• Successfully defended multiple property damage lawsuits concerning alleged defects in client’s plumbing products.
• Obtained summary judgment on behalf component manufacturer based on Daubert argument regarding inadmissibility of the “net” opinion of plaintiff’s designated expert.
• Successfully defended building product conglomerate client’s entire asbestos defense portfolio, resulting in dismissal of 95% of all claims and nuisance value settlement.
• Won summary judgment on behalf of faucet manufacturer in catastrophic injury case alleging defective product warnings, upheld on appeal to the New York Appellate Division.
• Won motion to dismiss catastrophic injury suit brought by plaintiff for spoliation of the allegedly defective product in Bronx County, New York.
• Won Rule 12(b)(6) motion to dismiss wrongful death product liability claim alleging subject motorcycle’s defect was “speed.”
• Conducted pro bono investigations of a state police organization on behalf of an investigatory committee appointed by the Governor of New Jersey.

Plaintiff

• Brought suit and won a permanent injunction against five former employees of insurance company client competing in violation of their respective employment agreements, resulting in termination of their competing enterprise and a high settlement payment to the client.
• Obtained six-figure settlement for mother and child injured by at-fault driver and owner of vehicle in accident involving head on collision causing both the mother’s and minor child’s injuries. 
• Obtained six-figure settlement in premises liability case on behalf of injured mother of student against negligent day care center.
• Obtained favorable settlement on behalf of cyclist injured by negligent driver. 

Product Regulatory and Investigations

• Represented a leading manufacturer of coatings in response to New Jersey consumer protection agency’s citations for state labeling regulation violations, and investigation of EPA labeling requirements.
• Led investigations into coatings’ manufacturers’ chemical contents for compliance with federal labeling requirements and exposure assessments. 
• Led and negotiated outdoor product manufacturer’s investigation and response to product safety reports and subsequent inquiry. 
• Investigated, negotiated, managed, and monitored all aspects of outdoor product manufacturer’s product recall in conjunction with U.S. and Canadian regulatory requirements.
• Represented car dealership in investigation into and compliance with state advertising and warranty statutes.