Schwab & Gasparini is different from many other firms. When necessary, we will utilize innovative and aggressive legal strategies to help our clients achieve what is best for them. Below is a sampling of examples of legal strategies which have achieved favorable results to our clients.
- In a products liability matter that involved a serious and significant injury to the Plaintiff, an initial review of the machine by an engineer found problems with the safety of its use. However, a Partner in the firm was involved prior to the commencement of the litigation. He secured a pre-action court order allowing a more thorough inspection of the machine by a mechanical engineer, a review of all instruction manuals, maintenance logs and a deposition of the shop foreman. When the case eventually proceeded into litigation, we were able to establish that the machine was significantly altered from its intended use and moved to dismiss the case by way of summary judgment. The case eventually was resolved prior to the court ruling on the motion, but our client settled the claim at a fraction of what was expected prior to litigation.
- A commercial client of the Firm had sold nearly $500,000 worth of goods to a customer. That customer then failed to pay our client, and was in the process of selling its business without finalizing payments on their debt. Schwab & Gasparini was contacted and immediately commenced a lawsuit on the client's behalf. We were aggressive, sought to be present at any closing on the sale of the business and had named the business owners as defendants in the suit. Within only a few months following suit, our client was paid the principal owed, finance charges and was reimbursed for our attorneys fees by their former customer. The former customer also executed Affidavits Confessing to the entire judgment.
- We secured on an insurer's behalf a significant settlement from another insurer for contribution towards a claim that had previously settled at jury selection. The settlement was negotiated and finalized prior to our Firm proceeding toward the commencement of a declaratory judgment action.
- Our Firm was involved in an action defending a sporting club who was sued by a participant claiming a serious head injury. Her attorneys had initially demanded an eight figure settlement. We were aggressive in the defense of the club and coach, hiring a well regarded medical expert who conducted several days of testing on the plaintiff. The expert was able to parse out the bolstered claims of the plaintiff's medical expert with real and objective neurological test results. Our Firm also commenced a motion on liability grounds which enabled us to resolve this very difficult case at only five figures, a fraction of what the Plaintiff was seeking.
- At a damages only inquest trial, the Plaintiff’s lawyer had asked the jury to award his client more than $7,000,000 in damages relating to a personal injury claim. After conducting a comprehensive background inquiry into the Plaintiff, which included successfully introducing into evidence various exhibits which called into question the Plaintiff’s credibility, the jury’s award fell well below the Client’s settlement authority. The jury's verdict saved our client millions of dollars in exposure.