Malaby Bradley

Practice Areas

Trial Experience

Pretrial Emphasis on Resolving Cases

M&B's primary goal is the expeditious resolution of asbestos actions through effective negotiations and/or selected and aggressive motion practice whenever possible. Our partners, who were trained at national and international law firms in New York City and Washington, D.C., combine superior legal skills with creativity and dedication, and have achieved impressive results in limiting our clients' exposure to the liabilities inherent in the asbestos litigation. We have had notable success in achieving dismissals prior to trial in thousands of cases throughout New York State. Whether through motions for summary judgment or by persuading plaintiffs' counsel to dismiss our clients voluntarily, we frequently have saved our clients the expenses associated with participation in the complex trials typical of asbestos litigation.

A crucial aspect of the M&B strategy for early case resolution is the manner in which our attorneys prepare for and take depositions. We strongly believe that a case can be won or lost at deposition and thus M&B attorneys attend each deposition armed with well-honed product knowledge and effective questioning techniques in order to establish a strong foundation, wherever possible, for dispositive motion practice.

Trial Experience

A necessary weapon in any successful defense counsel's arsenal is the ability to try cases. Without this ability, it is virtually impossible to launch an effective settlement negotiation. Moreover, although proceeding to trial is a decision that rests with the client, given the increasing aggressiveness exhibited by plaintiffs' counsel in the asbestos litigation in New York and nationwide, it is becoming increasingly difficult to avoid trial in many cases and it is vital to avoid the perception among the plaintiffs' bar that one is unable to mount an effective defense at trial.

M&B attorneys have tried an extensive number of cases in federal and state jurisdictions throughout the country, including New York, California, Maryland, Mississippi, Pennsylvania and Texas. These trials have run the gamut from mass consolidations to individual plaintiff cases and have involved unique medical, scientific and product liability issues, as well as issues of first impression. We have developed extensive contacts with the medical and scientific communities for retention of experts and have consulted with a wide variety of experts, including medical/scientific and engineering consultants, industrial hygienists, statisticians, epidemiologists, toxicologists, economists, chemists and materials experts, in order to prepare and present "state-of-the-art" and other defenses. Mr. Malaby and Mr. Bradley have tried many cases before juries, beginning with the trial of the "Powerhouse Consolidation," a consolidated trial of several hundred consolidated asbestos cases brought before Justice Helen E. Freedman in state court and Judge Charles F. Sifton in federal court. This was the largest consolidation of asbestos personal-injury actions prior to the Baltimore consolidation.

Mr. Malaby continues to serve as national trial counsel for several of our clients, conducting trials not only in the New York City asbestos litigation but also outside of New York State.