RoseWaldorf has obtained numerous dismissal and defense awards at trial, in arbitration proceedings, and in administrative hearings. RW has also secured numerous dismissals short of trial through the use of demurrers or motions to dismiss, or later motions for summary judgment or summary adjudication. RW has handled appeals in multiple jurisdictions, including the highest courts of six states and a number of intermediate appellate courts.
A federal court judge in New York dismissed the plaintiff’s case against the firm’s client, a motor home manufacturer, on the issue of statute of limitations.
The trial court granted summary judgment granted in favor of the defendant on issue of spoliation of evidence in Massachusetts state court. Plaintiff sold the vehicle which was the subject of litigation while the action was pending and without notice. The Court agreed that plaintiff precluded defendant’s expert from a meaningful inspection.
The firm obtained dismissal of multiple claims in California state court based upon allegations of fraudulent concealment of defects by auto manufacturers.
Defendant’s motion to dismiss was granted by the U.S. District Court for the Central District of California on the issue of improper joinder of a diversity-destroying defendant. Plaintiff attempted to add a non-diverse defendant by way of an amended complaint after a notice of removal was filed. The Court rejected Plaintiff’s attempt to defeat the court’s subject matter jurisdiction.
The firm defended claims of an allegedly defective vehicle in New Jersey Superior Court (Ocean County) by proving owner abuse voided the applicable warranty coverage.