Skip to Content

McLaughlin & Stern Announces Second Circuit Court of Appeals Upholds Winning Decision in BMW Product Liability Case

Mon 1 May 2023 News & Press

New York, NY – McLaughlin & Stern, LLP, one of the top law firms in the State of New York, today announced that the U.S. Second Circuit Court of Appeals upheld the lower federal court’s ruling in favor of a major product liability case against BMW of North America. At McLaughlin & Stern, the case was led by Partner Nelson E. Canter who chairs the Firm’s Insurance Subrogation Practice Group. In February 2022, U.S. District Judge David Larimer upheld a jury’s $872,000 verdict against BMW of North America with the case centering on allegations that a raging house fire started after a 2011 BMW self ignited in the garage of the carrier’s insured home.  The Court also added over $500,000 in prejudgment interest for a total Judgment in the amount of $ 1,381,283.39 which does not include post judgment interest.

“We are delighted with the Second Circuit’s Summary Order affirming the District Court’s Decision denying BMW’s Rule 50 Motion and upholding the jury verdict in Amica Mutual Insurance Company v. BMW of North America,” said partner Nelson E. Canter. “This decision is a vindication of our client’s subrogation rights and a testament to the hard work and dedication of our entire team and the just verdict after seven days of trial testimony.”

McLaughlin & Stern has a long history of representing clients in complex litigation matters, and this case is just the latest example of their successful efforts in prosecuting subrogation claims nationally for domestic and international insurance carriers.

For more information about McLaughlin & Stern and their legal services, please visit their website at


Josh Vlasto