Dinsmore Litigation Team Defeats $23 Million Breach of Contract Lawsuit, Wins Damages

March 6, 2023News Releases

Dinsmore Litigation Team Defeats $23 Million Breach of Contract Lawsuit, Wins Damages

Recently, a litigation team led by San Diego-based Dinsmore partner Joe Leventhal and attorney Caroline Massey successfully defeated a $23 million breach of contract lawsuit on behalf of Dinsmore clients, Milacron Marketing Company LLC and Milacron LLC. The favorable jury verdict was announced after just 2.5 hours of deliberation following the eight-day trial.

The lawsuit was initially filed by Bomatic Incorporated, claiming that a machine sold to it by Milacron did not work. Bomatic was seeking over $23 million in damages, as well as relief from any demands to pay for the product. Milacron countersued for payment for the machine.

In addition to achieving a successful jury verdict defeating the claim, the Dinsmore team was able to secure Milacron an award of nearly $600,000.

The win for Milacron put a bow on a very successful year for Dinsmore’s deep bench of litigators. In November, a team led by Lexington-based Dinsmore partner Chris Jackson secured a complete, unanimous, defense verdict in a federal product liability trial brought against Terex entities. The successful defense of the $25 million lawsuit was the third big trial win for Terex and its subsidiaries in the hands of Dinsmore lawyers.

March of 2022, Dinsmore Product Liability Practice Group Co-Chair David Schaefer and commercial litigation partner Jeremy Rogers collaborated with other attorneys and Hyundai Motor America general counsel to earn a unanimous jury verdict where the plaintiff’s claims of more than $17.8 million were rejected after only 75 minutes of deliberation.