A boutique firm located in New York City with an additional office in New Jersey, Haworth Coleman & Gerstman, LLC is headed by managing partner Scott Haworth and partners Nora Coleman and Barry L. Gerstman. Managing partner Scott Haworth previously served as an equity partner with a national litigation firm. He was also an equity partner with highly regarded litigation firm in New York. Over his career, he has focused on defending and trying matters relating to product liability, intentional torts, and construction, as well as catastrophic injury matters. He belongs to the International Association of Defense Council and has received Attorney of the Year honors from a large medical device manufacturer.
Nora Coleman primarily defends corporate clients in complex civil litigation, including toxic torts and class actions, with an emphasis on product liability and commercial disputes. She previously worked in global product development and operations for one of the most successful cosmetic brands in the country and served as special counsel for a large international law firm.
Barry L. Gerstman is a trial attorney with years of experience in complex civil litigation. His clients range from manufacturers and retailers of consumer and commercial appliances to medical products and industrial machinery companies. He has also been published in respected publications by the Defense Research Institute.
A member of the International Association of Defense Counsel’s Product Liability and Trial Tactics Committee, Scott Haworth is a well-known defense attorney working in New York City. As a managing partner at Haworth Coleman & Gerstman, LLC, Scott Haworth regularly wins defense verdicts for his clients in cases ranging from product liability to construction torts.
In 2014, Mr. Haworth, along with other members of his firm’s litigation team, obtained a favorable decision for a large communications company. The case, Walter Pantovic v. Sprint Communications Company, went to the Appellate Division, First Department, where the decision to dismiss all of plaintiff’s causes of action was upheld.
Plaintiff had claimed that the company’s cell site was causing extremely high temperatures that led to him passing out at his job site and suffering significant injuries. The case was won for the defendant by arguing that the plaintiff’s activities were not included among protected activities under Labor Law 240(1).
Scott Haworth serves as managing partner at Haworth Coleman & Gerstman, LLC, in New York City. He is a member of the International Association of Defense Counsel and chairs the Defense Research Institute’s specialized litigation group for recreational products.
Haworth Coleman & Gerstman represents a range of clients, including manufacturers of industrial machinery, recreational equipment, and children’s products. The trial results from two of the firm’s cases reveal the firm’s extensive legal experience.
In one product liability matter tried in the Supreme Court of the State of New York, New York County, a clothing manufacturer and a plaintiff entered into a lengthy trial. The manufacturer wished to settle the case for an amount that was substantially smaller than the sustainable verdict value for the injury suffered by the plaintiff. After the court questioned the jury, the jury provided a verdict that awarded $1.3 million to the plaintiff.
In another product liability case tried in the Supreme Court of the State of New York, Kings County, a manufacturer of agricultural machinery offered to settle for $50,000. Although the plaintiff’s pre-trail demand was $1.5 million, the plaintiff settled for the lesser amount.
Legal professional Scott Haworth possesses significant experience in national litigation and represents clients such as cosmetics manufacturers, medical device producers, and telecommunication firms. Published in many legal journals, Scott Haworth wrote “Stopped Before They Start–Dismissing the No-Injury Class Action” for the December 2010 edition of For the Defense.
No injury class action lawsuits involve many of the same elements as traditional class action suits. Generally a federal matter, they must feature a large enough number of plaintiffs that it would become impractical for all of them to try the case individually. The plaintiffs must share similar legal and factual issues, while the attorney chosen to defend their case must represent the class as a whole. Though most class action suits require some form of injury, no injury suits attempt to eliminate the injury-in-fact aspect of these cases.
In April 2013, the United States Supreme Court issued a decision regarding these claims based on the case Whirlpool Corp. v. Glazer. Commencing in the Sixth Circuit, the suit involved Ohio purchasers of Whirlpool washing machines who claimed breach of warranty, negligent design, and negligent failure to warn, and they sought class certification. The initial court approved, and Whirlpool filed a petition for certiorari with the Supreme Court, arguing that the class would be overly broad and violate Federal Rules of Civil Procedure because most of the plaintiffs were not injured. The justices agreed with Whirlpool Corporation, vacated the Sixth Circuit’s decision, and remanded it to the lower court.
CHICAGO (Jan. 8, 2013) – The International Association of Defense Counsel (IADC) is pleased to announce the featured speakers for its upcoming Midyear Meeting to be held Feb. 9-14, 2013, in Boca Raton, Florida. The IADC Midyear Meeting is only open to its approximately 2,500 members, including Scott Haworth, current Managing Partner of Haworth Coleman & Gerstman, LLC, in New York, who is also a member of the Product Liability and Trial Tactics Committee for the IADC.
The IADC meeting program will consist of guest speakers including: Foundation Forum speaker Ted Olson, current partner at Gibson, Dunn & Crutcher and former Solicitor General of the United States; featured speaker Carl Hiassen, Pulitzer Prize-nominated author and columnist for The Miami Herald; and David Callahan, a well-known author and editor of http://www.cheatingculture.com.
Scott Haworth currently serves as Managing Partner of Haworth Coleman & Gerstman, LLC. In addition to being a member of the IADC Product Liability and Trial Tactics Committee, Mr. Haworth also serves as Chairman for the Specialized Litigation Group on Recreational Products for the Defense Research Institute (DRI).