Data and damage analysis supports manufacturer in negotiating pre-trial settlement in $100 million product liability dispute

Our client’s need

A multi-national manufacturer was involved in a product liability dispute with a former customer. The customer asserted a claim for damages of approximately $100 million related to actual and projected costs associated with the repair and remediation of the allegedly defective products.

Baker Tilly solution

Our complex commercial litigation team analyzed approximately 250,000 pages of customer service and accounting records that were provided in hard copy, and constructed a database to house that information. We performed detailed analyses of the data collected regarding the costs incurred, evaluated these costs in light of the warranty obligations offered by the customer to its end customers, prepared an expert report rebutting the damage claim put forward, and provided testimony at deposition. Additionally, we provided extensive support to counsel throughout the case, including with respect to depositions of opposing experts and fact witnesses, and with respect to a separate insurance coverage action.

Results

Counsel for the manufacturer used our database and related analyses to successfully negotiate a settlement of the claims prior to trial. Our work product is now being used in the insurance coverage action in connection with claims against eight different insurance carriers, which provided different layers of coverage over the relevant time period.

For more information on this topic, or to learn how Baker Tilly complex commercial litigation specialists can help, contact our team.