Network Firm News
DEUTSCH KERRIGAN WINS $11M REVERSAL
Bob Kerrigan and Ike Ryan teamed with New York attorney John J. McCarthy (The McCarthy Law Firm, New York, NY), national counsel for Italian gun manufacturer Fratelli Tanfoglio, S.n.c., to win an order vacating an $11 million federal default judgment.
Plaintiff was rendered a quadriplegic when he dropped a .25 caliber pistol on the front porch of his home in 1992.
Fratelli Tanfoglio had not manufactured the pistol or its component parts. Nevertheless, a default judgment was rendered. Defense counsel was not engaged until two years after default,when plaintiff began execution proceedings against the defendant in Italy.
The Federal rules offered only the smallest window to contest the judgment but the combined Deutsch Kerrigan-McCarthy team was able to demonstrate that the judgment was void because the court lacked personal jurisdiction over the Italian gun manufacturer in the State of Louisiana.
Critical to the jurisdictional issue was proving that Fratelli Tanfoglio did not place the pistol or any of its component parts into the "stream of commerce" -- a fact that the court initially held was precluded by default.
After appeal to the United States Fifth Circuit in 2002 where the district court’s initial ruling denying the motion to vacate the default was reversed and four additional years of jurisdictional discovery, the judgment against Fratelli Tanfoglio, S.n.c was vacated and the client was dismissed from the case.
Order Dismissing Case