Barclay Damon Victorious in Significant Choice of Law Case
After one of its charter buses carrying members of an Ontario women’s hockey team crashed into a tractor trailer in New York State, resulting in the deaths of three bus passengers and the truck driver, the insurer of a Canadian bus-coach line reached out to our insurance coverage and regulation team for help in a significant choice of law case.
The Canadian plaintiffs, injured bus passengers, and families of the deceased passengers filed multiple lawsuits in New York State in an effort to apply the state’s non-economic damages law which, unlike Canada’s law, has no cap.
Our attorneys, however, successfully convinced New York’s highest court, the Court of Appeals, to apply the Canadian cap on non-economic damages in favor of our client. The court declined to apply that cap to the co-defendant tractor trailer.
The decision resulted in a reduction of our client’s exposure by several million, and the case was ultimately resolved by mediation.
This success has been referenced in Aaron Twerski and Neil Cohen's Choice of Law casebook.
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