Proven Success

At Flynn|Wirkus|Young, we consistently obtain favorable results for our clients.

Verdicts, judgments and dismissals

• Collectively, our attorneys have tried dozens of cases to verdict
• In 2018 we achieved a defense verdict on behalf of a railroad client in a grade crossing accident case that was tried in Chittenden County, VT with a demand that amounted to $34 million in compensatory and punitive damages.
• In the last four years alone, we have won nine defense verdicts for our clients
• In the last two years, we obtained multiple summary judgments and substantive dismissals as well as several forum non conveniens dismissals
• A number of these were achieved in the Philadelphia Court of Common Pleas, recognized by the American Tort Reform Association as the #1 “Judicial HellHole” in the country, including a recent asbestos case where we convinced the trial judge to award summary judgment on the grounds of insufficient evidence
• We have been trial counsel in a number of groundbreaking decisions in the industries we serve (examples below)
• Multiple times, results we achieved for our clients were heralded by legal publications as the “Biggest Defense Wins of the Year”
• We have won defense verdicts for our clients in a number of cases where the plaintiffs’ demands were in the millions of dollars
• We have also achieved high value verdicts and settlements for our individual clients including those who have been injured by defective products, medical malpractice, and construction site negligence, as well as fisherman injured in maritime accidents.

Examples achieved for our clients in indemnity cases:

• $5.25 million settlement for insurer for indemnification and defense costs owed by a third-party employer, for the defense of lawsuit arising from an industrial workplace accident
• Settlement of $2 million including reimbursement of the full amount of a settlement in an underlying wrongful death action, as well as attorneys’ fees and expenses incurred in the defense of that action
• Recovery of more than $900,000.00 in direct damages and litigation costs in a contractual indemnity suit involving a train derailment
• $600,000.00 settlement for passenger railroad and its insurer of reimbursed costs and fees, which arose from a fatal on-track incident and resulted in two other serious injury claims
• Mediated agreement in which a third-party defendant paid the full $200,000.00 settlement to a plaintiff in an FELA case, based on the enforcement of a contractual indemnity clause in favor of our client
• Court-ordered reimbursement of more than $100,000.00 in legal costs on a contractual indemnity claim involving a grade crossing accident
• Judgment in an indemnity case arising from an FELA claim, resulting in our client paying nothing to the injured plaintiff, while also receiving reimbursement of nearly $50,000.00 in defense costs

Examples of reported decisions in which our firm has been involved:

• Rawleigh v. Rochester & Southern Railroad, 2016 (Livingston County Supreme Court, Geneseo, NY, February 2016)
• Oldread v. CarvedRock LLC, 2014 (Erie County Supreme Court, August 29, 2014)
• Smith v. CSX Transp., Inc., 2013 (MA Sup. Court May 15,2013)
• DeBarros v. CSX Transp., Inc., et al, MICV2009-03201-C (MA Sup. Court January 29, 2013)
• Monington v. CSX Transp., Inc., 2012 U.S. Dist. LEXIS 29351 (N.D.N.Y Mar. 6, 2012)
• Crowther v. CSX Transp., Inc.,et al., 680 F. 3d 95 (1st Cir. 2012)
• Menard v. CSX Transp., Inc., 840 F. Supp. 2d 421 (D. Mass 2012)
• CSX Transp., Inc. v. Mass. Bay Transp. Auth., 2011 U.S. Dist. LEXIS 82200 (D. Mass., July 27, 2011)
• Clark v. Providence & Worcester R.R. Co., 2011 U.S. Dist. LEXIS 81519 (D. Mass. July 26, 2011)
• Shattuck v. Trustees of Boston University, et al., 27 Mass. L. Rep. 288, 2010 Mass. Super. LEXIS 225 (Mass. Super. Ct. Aug. 3, 2010)
• CSX Transp., Inc. v. Mass. Bay Transp. Auth., 697 F. Supp. 2d 213, 216 (D. Mass. 2010)
• Gautieri v. CSX Transp., 2010 Pa. Super. LEXIS 2547; 4 A.3d 205 (Pa. Super. Ct. 2010)
• Burress v. Union Pacific Railroad, 2009 U.S. Dist. LEXIS 13700 (E.D. Ark. 2009)
• Rovetto v. CSX Transportation, Inc., 193 N.J. 586, 940 A.2d 1219 (N.J. Ct. App. 2008)
• Berg v. Providence & Worcester Railroad, 2008 Mass. App. Unpub. LEXIS 586 (Mass. App. Ct., May 19, 2008)
• Lindberg v. NE Central RR, 518 F.Supp.2d 304 (D.Mass. 2007)
• Crowther v. Conrail, 488 F. Supp. 2d 10 (D. Mass. 2007)
• NE Central Railroad v. Springfield Terminal Railway, 415 F. Supp. 2d 20 (D. Mass. 2006)
• Union Pacific v. ConAgra, 189 Fed. Appx. 576 (8th Cir. 2006)
• Emerson v. CSX, et al., _ F. Supp. _ (D. Mass. 2003)
• Wright v. Conway, 2003 U.S. Dist. LEXIS 18658 (D. Mass. Oct. 17, 2003)
• Tolentino v. UPS, 2001 U.S. Dist. LEXIS 1395 (D. Mass. Jan. 11, 2001)
• Mack v. Conrail, 24 F. Supp. 2d. 126 (D. Mass. 1998)
• McGrath v. Conrail, 136 F.3d 838 (1st Cir. 1998)
• Thomas v. Conrail, 971 F. Supp. 620 (D. Mass. 1997)

Please contact us for additional results.