Blackwell Burke Secures Summary Judgment Win in New York Premises Litigation.

Blackwell Burke won summary judgment on behalf of a Fortune 500 food manufacturer in a multi-million-dollar premises case venued in Erie County, New York.  The case, in which a railroad sought indemnification from the firm’s client for the plaintiff’s personal injuries, involved complex issues of Federal Employers Liability Act (FELA) liability, contractual indemnification, New York statutory insurance liability, and the rights of parties acquired during a series of asset divestitures. The court agreed with Blackwell Burke that the firm’s client had no obligation to defend the railroad under an old contract with the railroad’s predecessor. The court further ruled that any duty to indemnify was unripe, resulting in a denial of the third-party plaintiff’s summary judgment motion, and a granting of our client’s cross-motion.