Hill Rivkins Prevails on Appeal in the DG Harmony Litigation
January 31, 2011
On January 31, 2011, the Second Circuit Court of Appeals issued a summary order affirming the opinion of U.S. District Court for the Southern District of New York, which found PPG Industries Inc. (“PPG”) liable for failure to give a proper warning about the risk of fire and explosion posed by the containers of calcium-hypochlorite (‘cal-hypo”) shipped on board the M/V DG Harmony. The Second Circuit affirmed the district court’s finding that PPG’s failure to issue a proper warning that its cal-hypo could not be stored below-deck at ordinary hold temperatures caused the explosion and fire that consumed the cargo and most of the vessel. Specifically, the Court of Appeals agreed that the carriers would have heeded a proper warning, and the explosion aboard the M/V DG Harmony would have been avoided. Hill Rivkins was lead counsel on behalf of all Cargo Interests throughout the litigation; Anthony Pruzinsky argued the case before the Court of Appeals, assisted by John J. Sullivan, and Lauren E. Komsa.