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A Trial Victory For The Firm

February 17, 2009

Houston, TX (Feb. 17, 2009) — Bracewell & Giuliani LLP partner John H. Barr, Jr. and associate Jim W. Caldwell of the firm's Trial Section won a directed verdict on the fourth day of a jury trial in a products liability and negligence suit in Philadelphia, Pennsylvania. The case was brought by an injured operating engineer against the manufacturer of a pile driving rig and its dealer. Bracewell represented the defendant, Bauer Machinen, a German manufacturer of heavy equipment and the manufacturer of the rig.

The plaintiff alleged that the rig was defectively designed; that it did not have adequate warnings; and that the dealer was negligent in training the operator. The plaintiff's pre-trial demand was $3.5 million in compensatory damages, in addition to unspecified punitive damages. At the close of the plaintiff's case, the Honorable Joseph Dych granted the defendants' motion for compulsory non-suit, dismissing all of the plaintiff's claims against Bracewell's client.