Part of appellate team that protected the jury verdict award in American Honda Motor Co. Inc. v. Martinez et al. (case number 445 EDA 2015). This was an appeal of the highest auto defect verdict ever issued in the state of Pennsylvania. Due to his stellar reputation amongst product liability lawyers, Erik Walker was retained to brief the 8 issues Honda raised in its appeal of this very large verdict. Erik’s team prevailed on each and every issue and the case settled shortly thereafter for a confidential sum.
After Erik Walker obtained a jury verdict in the amount of $28,000,000.00, he then persuaded the 8th Circuit to reverse the setting-aside of a $28 million-dollar award of punitive damages and made new plaintiff-friendly law regarding the learned intermediary defense. Scroggin v. Wyeth, 586 F.3d 547 (8th Cir. 2009), cert. denied, 561 U.S. 1019 (2010) is now widely-cited by the plaintiffs bar and countless mass tort plaintiffs have benefited from this case that Erik briefed and argued.
A large industrial contractor created an unsafe working condition that led to catastrophic injuries. Justinian Lane proved that the contractor had a pattern of ignoring safety regulations and creating workplace hazards. This conduct led to a an $8.6 million-dollar confidential settlement.
A multinational product manufacturer knowingly sold a defectively-designed product that caused serious injuries to workers who serviced it. The manufacturer had the opportunity to design the product in a safer way that would have prevented the injuries in question, but chose a less-expensive but more-dangerous design.
A wholly-owned subsidiary of a multibillion-dollar defense contractor was responsible for serious workplace injuries due to their negligence in installing high-temperature products. This contractor ignored safety regulations and its behavior caused life-altering injuries.
This well-known company settled confidentially after its product caused permanent and irreversible injuries. This company has since withdrawn the defective product due to the high likelihood that its product would cause similar injuries again.
A client was injured while at a well-known bank in Bastrop. The client’s back was severely injured during the incident, which required the client to receive two separate back surgeries. Our attorneys negotiated an $800,000.00 on behalf of the client.
In a very unfortunate incident, we represented the wife in a wrongful death case where her husband was killed in a motor vehicle accident through the negligence of another driver. Our attorneys were able obtain the entire insurance policy on behalf of the wife.
A client was injured while working construction at the Hays County Government Center. He unfortunately fell from a ladder through no fault of his own, and was severely injured during the fall, including a broken penis. Our attorneys obtained a $300,000.00 settlement for the client.
Our client was driving here in Austin when suddenly an 18-wheeler pulled out in front him without warning. The client suffered multiple broken ribs, and he had glass imbedded in both hands. At first glance, it appeared there was a lap of insurance coverage, but that didn’t stop our attorneys from researching long and hard. Here at Justinian & Associates, our attorneys leave no stone unturned, and we were able to secure coverage and later a settlement of $280,000.00 for our client.
Our attorneys negotiated the entire policy limit for the at-fault driver’s third-party insurance policy, as well as our client’s first-party insurance policy due to the negligence of another driver. The client suffered serious injuries to his back, which required a laminectomy. A laminectomy is surgery that creates space by removing the lamina — the back part of the vertebra that covers your spinal canal. Also known as decompression surgery, laminectomy enlarges your spinal canal to relieve pressure on the spinal cord or nerves.
While attending Burning Man in Austin, TX, our client suffered a severe eye injury when he was stabbed in the eye due to inadequate security. Our attorneys negotiated a $75,000.00 settlement from the organization who hosted the festival.
After being rear-ended in a motor vehicle accident, our client was taken to the emergency room. Our client suffered from a cervical sprain and strain and a disc bulge at the C5/C6. In addition to those injuries, our client suffered from repeat headaches for several weeks due to the trauma of the whiplash the accident caused. Our attorneys negotiated a settlement for our client in the amount of $73,500.00.
For decades, plaintiffs relied on Minnesota courts' application of the state's generous six-year statute of limitations to out-of-state tort claims. When Wyeth challenged that result, the plaintiffs' bar had Erik Walker brief and argue the certified question to the Minnesota Supreme Court which unanimously ruled in plaintiffs' favor, saving tens of thousands of cases nationwide. See Fleeger v. Wyeth, 771 N.W.2d 524 (Minn. 2009).
In the hormone therapy litigation, the MDL court granted a Daubert motion, excluding expert testimony that very short-term use of hormone therapy causes breast cancer. Given that federal circuit courts defer heavily to district court Daubert decisions, and reversal of a MDL Daubert decision is unheard-of, the plaintiffs had Erik Walker brief and argue the matter to the United States Court of Appeals for the Eighth Circuit. The appellate court reversed the MDL court order, saving thousands of short-term use hormone therapy cases nationwide. See Kuhn v. Wyeth, 686 F.3d 618 (8th Cir. 2012).