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Litigation Recent Announcements
The firm recently represented an aerospace industry company in a breach of contract claim against a much larger company that had previously sold a subsidiary to the aerospace company. The aerospace company alleged that the seller had misrepresented the financial condition of the target. After a combination of arbitration and litigation in the federal courts, the seller agreed to rebate to the aerospace company $16 million of the purchase price.
In December 2005, the Appellate Division, First Department granted one of Gersten Savage's broker-dealer clients a huge victory and upheld the trial court's order applying an absolute privilege with respect to all statements made in a Form U-5. (The Form U-5 is the industry-wide form, required to be completed by all member firms, setting forth the reason for an employee's termination.) The appeals court accepted the firm's arguments notwithstanding the numerous federal and out-of-state courts that have taken a different position.
The firm has recently won two trials obtaining substantial verdicts for assault victims in the Southern District of New York and New York Supreme Court.
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