WARRANTY LITIGATION

We understand the nuances of warranty litigation and what makes these cases unique. Cases that may need to go to trial are earmarked early at Erskine Law, and we work closely with our clients to pinpoint verdict potential, settlement possibilities and likelihood of prevailing.

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With the creation of the Magnuson-Moss Warranty Act in 1975, and state consumer protection laws in the years that followed, warranty litigation changed forever. Armed with one-sided consumer friendly statutes to complement existing express warranty and implied warranty statutes, many attorneys carved out niche practices aimed at consumer product manufacturers. In many instances, these lawyers created “mill firms” wherein those laws—which were designed to protect consumers—are turned upside down, now used solely to pad the attorneys’ pockets, giving them every incentive to drive up costs with unnecessary discovery and motion practice. In short, the tail is wagging the dog.

We understand that nuances of warranty litigation make these cases unique. With time, settlement demands often increase. More importantly, as litigation drags on, customer loyalty can evaporate. Fast but thorough litigation is imperative for a manufacturer in this environment. Cases that may need to go to trial are earmarked early at Erskine Law, and we work closely with our clients to pinpoint verdict potential, settlement possibilities and likelihood of prevailing.

We also developed a proprietary, state-of-the-art software system to decrease document preparation time, which helps our clients personalize vast amounts of standardized discovery for a fraction of the cost of traditional discovery.

We welcome the opportunity to discuss our extensive warranty litigation experience with you so that we can begin creating a customized approach to defending your company.

DISCOVERY & eDISCOVERY

The team at Erskine Law created proprietary, state-of-the-art software that allows us to manage a large volume of discovery for our clients. Together with our decades of litigation experience, our software ensures our clients can be aggressive with offensive discovery and yet still find protection from the “discovery sword,” all while building efficiencies to reduce costs that can otherwise overwhelm a lawsuit.

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We also have extensive experience in eDiscovery, from gathering documents and reviewing for privilege and relevance to document production and document management. We are also well equipped to litigate eDiscovery issues in the form of Motions for Protective Order or negotiating with opposing counsel to limit the costs of this notoriously expensive form of discovery. From beginning to end, Erskine Law can help our clients with all of their eDiscovery needs.

PRODUCT CLAIMS

Erskine Law handles large volumes of product liability claims nationwide for large corporations and OEMs. Our team is able to manage these claims from start to finish, including investigation and analysis, and negotiating with insurance carriers and plaintiffs’ attorneys. We also coordinate with experts on site inspections, and we gather evidence for potential lawsuits.

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We offer our clients the benefit of a well-researched and thoughtful recommendation after analyzing all of the facts and the applicability of the Uniform Commercial Code, state and federal contract law, the economic loss doctrine, and state tort law. If you need assistance with your product liability claims, be assured that Erskine Law offers all of the expertise of a large law firm at a fraction of the cost.

PRODUCT LIABILITY

From handling large losses involving extensive commercial property damage or personal injury to resolving simple customer disputes, Erskine Law handles product liability matters from start to finish, including those arising out of insurance subrogation.

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We have decades of experience in the product liability arena assessing liability risk after an initial notice, investigating losses and directing experts as needed, and we work toward resolving claims thoroughly and efficiently.  We carefully look at state statutes, case law, and doctrines such as the economic loss doctrine, to analyze liability, defenses, and potential damages on behalf of our clients.  Erskine Law utilizes its years of experience in the representation of manufacturers to provide clients with superior, accountable defense services.

COMMERCIAL LITIGATION

Erskine Law understands the unique needs of businesses, from sole proprietorships to Fortune 500 companies alike. Often, the most important documents for your company are the contracts you use on a daily basis.

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Many business disputes are centered around those contracts, whether there is a breach or a disagreement on the interpretation of the document’s language. Our attorneys have decades of experience in contract interpretation, contract drafting, and contract litigation. We are ready to help you through the entire process.

However, before you find yourself in a contractual dispute, consider having us review your current agreements. There are continuous changes in the law, and our attorneys can help you update your documents to better protect you in your daily transactions, and in the event of a lawsuit.

UNCLAIMED PROPERTY

We have a passion for finding and recovering money for people and businesses—money they did not even know was missing.

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Over fifteen years, we’ve recovered many millions of dollars for our clients by thoroughly canvassing the areas these monies generally are found: state or local government escheatment, unclaimed bankruptcy court funds, and uncashed state warrants. We don’t think of ourselves as “finders” per se, but as attorneys ethically obligated to work in the client’s best interest.   We work to reduce escheatment losses by reaching out to holders about to send our clients’ money to State treasuries, get that money redirected to the client, and work to ensure future payments are not misdirected.

We also spend our time working on pro bono matters, identifying and assisting the return of lost property to the poor, elderly and disadvantaged, and non-profits. If our clients have a charitable cause in mind, we are always happy to assist.