Defendants Verdict in American Puzzle Company, LLC v. Walter Wurdack, Inc.

PS Partner: Dean C. Nichols

We represented: Walter Wurdack, Inc.

Venue: St. Louis City

Facts:

This case involved a plaintiff puzzle company who had obtained sanding sealer from the defendant for years.  Plaintiff manufactured unique layered wooden puzzles.  Plaintiff claimed the defendant specially formulated a sealant for manufacture of children’s puzzles.  The sanding sealer had phthalates in it, which were prohibited by the Consumer Product Safety Information Act as of February 10, 2009.  (CPSIA)  Plaintiff produced puzzles for sale to Toys R Us, which failed a CPSIA test.  Plaintiff claimed production was completely shut down for over 6 weeks due to the failed sealant, thereby causing plaintiff to lose sales from Toys R Us, Kaplan, and Costco.  Plaintiff claimed over $3.2 million in lost profits and lost business relationships.  Plaintiff claimed it was forced to close down and layoff all of its employees as a result of defendant’s actions.  The case was tried for 7 days and the jury returned a unanimous verdict in favor of the defendant.

Last Demand: $1,650,000 – his demand was made during trial. Plaintiff requested over $3,200,000 from the jury in his closing.

Last Offer: $500,000

Verdict:  Defendant’s verdict

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