Buchanan Ingersoll & Rooney Litigation Team Hands Victory to Cook Composites and Polymers

Camden, NJ, July 27, 2009 — Buchanan Ingersoll & Rooney PC obtained a complete victory for client Cook Composites and Polymers ("CCP") in a five-week federal jury trial stemming from a $405 million lawsuit filed by Viking Yacht Company and Post Marine company in December, 2004. Following three days of deliberations, the New Jersey Federal Court jury found that CCP had not breached a warranty applicable to CCP's gel coat used on yachts manufactured by Viking and Post, and that CCP was not liable for any of the damages claimed at trial. The verdict was delivered on July 24.

Through motion practice leading up to trial, the Buchanan attorneys had successfully reduced the plaintiffs' damages claims from the $405 million they originally sought to the $6 million ultimately presented to the jury. Indeed, on the eve of trial the Court granted summary judgment in favor of CCP on the plaintiffs' New Jersey Consumer Fraud Act and common law fraud claims, thereby eliminating the prospect of treble damages and shortening the applicable statutory limitations period. In an earlier summary judgment ruling, the Buchanan attorneys persuaded the Court to dismiss a variety of other claims and to dismiss a co-defendant of CCP's, Composites One LLC, from the lawsuit.

The defense verdict is a significant victory for CCP and Buchanan Ingersoll & Rooney. It caps nearly five years of contentious litigation with extensive discovery and motion practice, and vindicates CCP's gel coat products, which continue to be widely sold and used in the marine and other industries.

The team included Litigation shareholder Gerald E. Burns, legal assistants Cheri Pearce and Kimberly Corbin, and technologist Kim LaCroix. Shareholders Thomas P. Manning and Kevin Brobson provided substantial additional legal assistance throughout the trial and during pretrial motion practice. The case is captioned Viking Yacht Company, et al., v. Composites One LLC, et al., No. 05-cv-538 (D.N.J.)

About CCP

Quality products and superior customer service have made Cook Composites and Polymers (CCP) an international leader in the production and distribution of polyester gel coats and resins. CCP is the world’s largest producer of polyester gel coats and the second largest producer of coatings resins. In addition, the CCP distributor network is North America’s largest for composites and cast polymers.

Headquartered in Kansas City, Mo., CCP has manufacturing facilities throughout the United States, Canada and Mexico. CCP affiliate companies include TOTAL, Cray Valley, Sartomer, Reacciones Quimicas, Peninsula Polymers and Progress Plastiques among others.