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Segal McCambridge's team, led by New York Shareholder Michael Sena, successfully defended our client, the Defendant, in a consolidated action involving two deaths and one personal injury case. The incident occurred when three individuals were using the Defendant’s flammable contact adhesive to soundproof a Bronx music studio. Despite the product's detailed warnings regarding flammability and the need to extinguish all flame sources, a fire ensued.
The Defendant moved for summary judgment based on the preemption provisions of the Federal Hazardous Substances Act (FHSA). We argued that the Defendant complied with FHSA by clearly labeling the product with the signal word "DANGER" and the principal hazard "flammability." The court agreed, finding that any failure to warn claim was expressly preempted.
A more complex issue arose regarding design defect claims. The Defendant manufactures a non-flammable contact adhesive with similar properties to the flammable one. Plaintiffs argued that the flammable product was defectively designed because its risks outweighed its benefits. We countered that FHSA had banned certain contact adhesives with a flashpoint below 20°F, and the Defendant tests all batches to ensure compliance. Therefore, we argued that any design defect claim was impliedly preempted under FHSA. This was the first New York case where implied preemption under FHSA was raised.
The court ultimately granted our motion, adopting our arguments and holding that no party opposed it. While plaintiffs' counsel submitted extensive opposition, including expert affidavits, the court did not need to address the design defect claim due to a procedural error. Even if the court had considered the merits, the Defendant's substantive defenses remain strong.
