Peter M. Durney

• Costa et al. v. FCA US LLC et al., 20-CV-11810, (D. Mass.) (Representing FCA US LLC in successfully defending a class action lawsuit brought on behalf of 93,000 Massachusetts Dodge, Jeep, and Chrysler owners when a federal court jury returned a defense verdict on November 14, 2023).
• Rella v. BMW of North America, LLC, 16-cv-916, (S.D.N.Y.) (Defense verdict following jury trial in July 2022 where the plaintiff claimed PTSD because of fire in her vehicle).
• Alexis Fields et al. v. BMW AG et al., 18-cv-02889, (E.D.N.Y.) (Defense verdict on all counts after jury trial in a product liability case involving alleged personal injuries in April 2022).
• Williams v. Kawasaki Motors Corp., U.S.A., 30 F.4th 66, (1st Cir. 2022) (Affirming preclusion of plaintiff’s liability expert and award of summary judgment in a case involving catastrophic injuries and third-degree burns to the plaintiff, where the expert had no evidentiary basis to opine that a different motorcycle weld would have prevented the plaintiff’s decedent’s injuries).
• Garick v. Mercedes-Benz USA, LLC, 17-cv-12042, (D. Mass.) (Obtained dismissal of putative class action consumer fraud and warranty claims for failure to state a claim), affirmed 790 Fed. Appx. 230 (1st. Cir. 2020).
• Gillis v. C&L Service, Inc., (Mass. Super. Feb. 12, 2018) (Summary judgment entered in favor of retail hardware store defendant on negligence claim in premises liability action).
• Fiano v. Remington Arms Company, LLC et al., (Mass. Super. Jan. 16, 2018) (Summary judgment entered in favor of defendant upon design defect claim after defendant successfully precluded testimony by plaintiff’s design expert).
• Segal v. Genitrix, LLC, 478 Mass. 551 (2017) (Holding that outside board members and investors cannot be individually liable under the Massachusetts Wage Act).
• Peerless Insurance Company v. BMW of North America, LLC, (N.H. Super. March 14, 2016) (Awarding partial summary judgment where insured’s release extinguished subrogation rights of insurer).
• Sensabaugh v. Mercedes-Benz USA, LLC, (D. Mass. 2016) (Dismissal of product liability claims pursuant to Fed. R. Civ. P. 12(b)(6)).
• Greater New York Mutual Insurance Company a/s/o Saint Paul Arms Condominium Association v. Toto U.S.A., Inc., et al., 2016 WL 4722774 (D. Mass 2016) (Jury verdict for defendant/manufacturer on negligent manufacturing claim).
• Anderson et al. v. FCA US LLC, et al., No. UWYCV156026831S, Order 423183 (Conn. Super. Ct. May 11, 2015) (Motion to Strike allowed as to plaintiff’s claims for loss of filial consortium on grounds that such claims are not recognized under Connecticut law).
• White v. Elsevier Inc., and related cases, (Mass. Super. 2015) (Summary judgment for manufacturers of Reglan/MCP in nine companion cases applying product liability laws of Tennessee, Mississippi, Indiana, and Oklahoma).
• Utica National Ins. Group v. BMW of North America, LLC, 45 F. Supp. 3d 157 (D. Mass. 2014) (Dismissing G. L. c. 93A, § 11 claim because a mere allegation of breach of warranty alone is insufficient to establish a plausible claim in the commercial context).
• Sauvageau v. Detroit Diesel Corporation, 82 Mass. App. Ct. 1121 (2012) (Affirming summary judgment on breach of express warranty claim, jury verdict for defendant on breach of contract claim, and bench trial ruling for defendant on G. L. c. 93A claim).
• Ryan v. Hughes-Ortiz, 81 Mass. App. Ct. 90 (2012) (In matter of first impression in Massachusetts, affirming summary judgment on behalf of gun manufacturer in product liability action based on federal Protection of Lawful Commerce in Arms Act).
• Rymer Adams v. Roadmax USA, et al., (Mass. Super. Dec. 20, 2010) (Summary judgment entered in favor of the defendant upon claims of design and manufacturing defects where plaintiff failed to produce evidence that the defendant was a party to any of the transactions at issue).
• Dowling v. Mercedes-Benz U.S.A, LLC, et al., (Mass. Super June 23, 2010) (Summary judgment entered in favor of defendant, after defendant successfully moved to preclude testimony of plaintiff's design expert, and in light of absence of causation evidence by plaintiff).
• Francis Crecco, et al. v. Daewoo Electronics America, Inc., et al., (Mass. Super. Aug. 17, 2009) (Granting summary judgment for defendant where plaintiff failed to rebut affirmative evidence put forth by defendant that it did not design, manufacture, sell, distribute, or otherwise have any connection with the product which allegedly harmed plaintiff).
• Laganelli v. BMW of North America, LLC, (Mass. Super., May 20, 2008) (Court granted defendant's motion for summary judgment and dismissed plaintiff's state and federal breach of warranty claims arising out of issues which did not render vehicle unsafe or unreliable and which were ultimately resolved in accordance with express warranty).
• Public Service Mut. Ins. v. Empire Comfort Systems, Inc., 573 F.Supp.2d 372 (D. Mass. 2008) (Granting summary judgment on negligent failure to warn claim where the risk of danger was open and obvious, and on negligent design claim where plaintiff proffered no expert testimony).
• Rozenvayn v. BMW of North America, LLC, 70 Mass. App. Ct. 1107 (2007) (summary judgment upheld where plaintiff cannot demonstrate that inadequacy of warning was the proximate cause of this injuries; specifically, that additional or more specific warnings would have prevented his injuries).
• Hiller v. Daimler Chrysler Corporation, 2007 WL 3260199 (Mass. Super. Sept. 25, 2007) (Denying class certification on the ground that common questions do not predominate over issues applicable to individual members of the proposed class).
• Commonwealth v. Philip Morris Inc. et al., 448 Mass. 836, 864 N.E.2d 505 (2007) (Dismissing claims against tobacco companies for state's failure to arbitrate dispute arising from master settlement agreement).
• Alves v. Mazda Motor Corporation, Mazda Motor of America, Inc. v. Maria Depina and Vieira Dikson Lopes, 448 F. Supp. 2d 285 (D. Mass. 2006) (Summary judgment for defendants on plaintiff’s claims of a defect in her vehicle’s air bag system).
• United Seniors v. Philip Morris, et al., 2006 WL 2471977 (D. Mass. 2006) (Dismissing claims against tobacco companies alleging responsibility under Medicare as Secondary Payer Act for bills paid by Medicare).
• Killion v. Commonwealth Yachts, 421 F. Supp. 2d 246 (D. Mass. 2006) (Dismissing claims for lack of personal jurisdiction over yacht manufacturer).
• Litchfield Financial Corporation v. Buyers Source Real Estate Group, 389 F. Supp. 2d 80 (D. Mass. 2005) (Dismissing claims for lack of personal jurisdiction over out-of-state attorney in malpractice action).
• Wilson v. The City of Lawrence and DaimlerChrysler Corporation, 2004 WL 3331844 (Mass. Super. Dec. 16, 2004) (Summary judgment granted where conduct giving rise to plaintiff’s claims of negligence and breach of warranty was not reasonably foreseeable).
• Murphy v. Aero-Med, Ltd., 345 F. Supp. 2d 40 (D. Mass. 2004) (Summary judgment granted based upon statute of limitations and discovery rule).
• Phelan ex rel. Estate of Phelan v. DaimlerChrysler Corporation, 323 F. Supp. 2d 335 (D. Conn. 2004) (Summary judgment granted on Connecticut Unfair Trade Practice Act claims on statute of limitations grounds).
• Smith v. Robertshaw Controls Company, 2003 WL 23142189 (D. Mass. Dec. 2003) (Summary judgment entered in favor of water heater manufacturer).
• Bruneault v. S.C. Johnson & Son, Inc., 2002 WL 32538419 (D. Mass. Sept. 2002) (Express FIFRA preemption of plaintiff’s state law damages claim).
• Wajda v. R.J. Reynolds Tobacco Company, et al., 103 F. Supp. 2d 29 (D. Mass. 2000) (Dismissal for failure to state a claim against tobacco company defendants).
• Stanton v. AM General Corporation, 50 Mass. App. Ct. 116 (2000) (Affirming dismissal of claims based on lack of personal jurisdiction).

The Perils of Prescribing Medication and the Goldilocks Principle: Defending Related Claims of Malpractice, IADC Defense Counsel Journal, Vol. 86, No. 4, October 2019

Hospital Liability, Independent Physician Groups, and Captive Insurance, PROFESSIONAL LIABILITY DEFENSE QUARTERLY, Vol. 9, Issue 3 (Summer 2017)

Retaining and Disclosing Expert Witnesses: A Global Perspective, IADC Defense Counsel Journal, Vol. 83, No.1, January 2016

California’s Recent $70+ Million Asbestos Verdict an Outlier Amidst National Trends, Toxic Torts Newsletter, The Defense Research Institute, Vol. 18, Issue 1, March 20, 2015

Negotiated Risk Agreements In Assisted Living Facilities, For the Defense- Medical Liability and Health Care Law, August 2013

A High Level View of the Current Debate Regarding Off-Label Speech, In-House Defense Quarterly, Fall 2012

Fending Off the Use of a Rule 12(f) Motion to Strike Affirmative Defenses, Defense Counsel Journal, Vol. 79, No.4, October 2012

The Rules on Removal in Multiple-Party Cases: A Reprise, American Bar Association Section of Litigation, Mass Torts Litigation Committee Newsletter, Vol. 10, No. 4, Summer 2012

Inactive Asbestos Dockets: A Case for Preserving Important Discovery , Toxic Torts Newsletter, The Defense Research Institute, Volume 14, Issue 1, May 18, 2011

Bifurcating Discovery for Early Summary Judgment in Class Actions,
IADC Defense Counsel Journal, Vol. 78, No. 2, April 2011

Understanding Time Limits on Removing Multiparty Cases to Federal Court, American Bar Association Section of Litigation, Mass Torts Litigation Committee Newsletter, Vol. 7, No. 3, Summer 2009

- reprinted, Appellate Practice Journal, Vol. 29, No. 2, Winter 2010

- reprinted, Committee on Pretrial Practice & Discovery Newsletter, Vol. 18, No. 2, Winter 2010

Preserving Objections to Jury Instructions: Speak Now, or Forever Hold Your Peace, Federal Bar Association, Federal Litigation Section Sidebar, Vol. 9, No. 2, Summer 2009

A Few Fundamental and Practical Tips: Product Testing for Use at Trial, For the Defense, December 2006, Vol.48, No.12

• Massachusetts Bar Association (Civil Litigation Section)
• Maine State Bar Association
• New Hampshire State Bar Association
• Federal Bar Association
• Maine Trial Lawyers Association
• Massachusetts Defense Lawyers Association
• Defense Research Institute (Medical Liability and Health Care Law, and Product Liability committees)
• Federation of Defense & Corporate Counsel (Corporate Counsel and Trial Masters Program committees)
• International Association for Insurance Law, U.S. Chapter
• American Board of Trial Advocates, National Board Representative and Past President
• Product Liability Advisory Council, Inc
• International Association of Defense Counsel, (Defense Counsel Journal Board of Editors, Insurance and Reinsurance, Product
• Liability, Professional Liability, and Toxic and Hazardous Substances committees)
• Barrister, Order of Certus
• Diversity Law Institute
• Trial Law