On October 28, 2022 a
Motion-Secondary
was filed
involving a dispute between
Emilio Tucci,
Marta Tucci,
and
Ashland, Llc. F K A Ashland, Inc.,,
Basf Corporation, Individually And As Successor In Interest To Inmont Corporation And D B A Basf-Inmont, Successor In Interest To And D B A Glasurit And R-M Company F K A Rinshed Mason Company,
E.I. Du Pont De Nemours & Company,
Icc Chemical Corporation,
Ppg Industries, Inc.,
Shell Oil Company,
Sunoco, Llc F K A Sunoco, Inc.,
Texaco, Inc.,
Univar Usa, Inc. F K A Chemcentral Corp., And Van Waters & Rodgers, Inc.,
for Torts - Other (Exposure to benzene)
in the District Court of New York County.
Preview
FILED: NEW YORK COUNTY CLERK 01/26/2023 05:19 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/26/2023
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF NEW YORK
EMILIO TUCCI and MARTA TUCCI, Index No. 159245/2022
Plaintiffs,
-against- AFFIRMATION OF STEVEN M.
LUCKS, ESQ., IN SUPPORT OF
ASHLAND, LLC, et al., PRO HAC VICE MOTION
Defendants.
STEVEN M. LUCKS, an attorney duly admitted to practice law before the Courts of the
State of New York, hereby affirms the truth of the following under penalty of perjury:
1. I am a member of the firm of Fishkin Lucks LLP, attorneys for defendants
Ashland Inc. (“Ashland”), Texaco Inc. (“Texaco”) and Univar Solutions USA Inc. (“Univar”),
and as such, and having access to the records maintained by this firm, I am fully familiar with the
facts of the instant matter.
2. This affirmation is submitted in support of the instant Motion which seeks an
Order: (1) pursuant to 22 NYCRR 520.11 permitting the admission, pro hac vice, of Matthew C.
Cairone to participate as counsel in all phases of the litigation of this matter, including trial; and
(2) for such other and further relief as this Court may deem just and proper.
3. The moving Defendants respectfully request the admission of Matthew C.
Cairone to act, along with the undersigned, as counsel for the moving Defendants in all aspects
of this matter, including pre-trial proceedings and trial. Mr. Cairone has represented Ashland,
Texaco and Univar in similar complex products liability matters in the past and, in that capacity,
is quite familiar with the parties and products at issue in the case. Mr. Cairone is, in addition,
fully familiar with the facts of this matter.
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FILED: NEW YORK COUNTY CLERK 01/26/2023 05:19 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/26/2023
4. Annexed hereto as Exhibit “A” is the Affidavit of Matthew C. Cairone in support
of his pro hac vice admission. In that Affidavit, Mr. Cairone attests that he has previously acted
as counsel in other complex product liability matters, including representing Ashland, Texaco
and Univar. He also attests that, as a result of such, he is familiar with the products and areas of
law at issue in this case.
5. Mr. Cairone also attests that he is currently a member in good standing of the
State Bars of Pennsylvania and Michigan. Copies of the certificates reflecting this are annexed
to his affidavit. He is admitted to practice before the Supreme Court of Pennsylvania, Supreme
Court of Michigan, United States District Courts for the Eastern and Western Districts of
Michigan and Eastern and Western Districts of Pennsylvania, and the Third Circuit Court of
Appeals. He also attests that he is familiar with and shall comply with the standards of
professional conduct imposed upon members of the New York State Bar, including the rules of
Court governing the conduct of attorneys and the Code of Professional Responsibility. He
further attests that he has never been convicted of a crime and has never taken the New York bar
examination.
6. Finally, he attests that he has agreed to submit to the jurisdiction of the New York
State Courts with respect to any actions concerning his conduct in the defense of the moving
Defendants in the instant litigation.
7. This case involves complex factual and legal issues. Mr. Cairone has the
experience and knowledge of this field to handle such complex matters. In the event that these
matters go to trial, it is in the moving Defendants’ best interest to have Mr. Cairone appear and
participate as its designated co-counsel in this matter.
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FILED: NEW YORK COUNTY CLERK 01/26/2023 05:19 PM INDEX NO. 159245/2022
NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/26/2023
WHEREFORE, for all the foregoing reasons, it is respectfully requested that this
Honorable Court enter an Order: (1) pursuant to 22 NYCRR 520.11 permitting the admission pro
hac vice of Matthew C. Cairone to participate as counsel in all phases of the litigation of this
matter, including trial; and (2) for such other and further relief as this Court may deem just and
proper.
Dated: New York, NY
January 26, 2023 FISHKIN LUCKS LLP
/s/ Steven M. Lucks
Steven M. Lucks, Esq.
500 7th Avenue, 8th Floor
New York, New York 10018
(646) 755-9200
slucks@fishkinlucks.com
Attorneys for Defendants
Ashland Inc., Texaco Inc. and Univar
Solutions USA Inc.
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Document Filed Date
January 26, 2023
Case Filing Date
October 28, 2022
Category
Torts - Other (Exposure to benzene)
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FILED: NEW YORK COUNTY CLERK 01/26/2023 05:19 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/26/2023 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK EMILIO TUCCI and MARTA TUCCI, Index No. 159245/2022 Plaintiffs, -against- AFFIRMATION OF STEVEN M. LUCKS, ESQ., IN SUPPORT OF ASHLAND, LLC, et al., PRO HAC VICE MOTION Defendants. STEVEN M. LUCKS, an attorney duly admitted to practice law before the Courts of the State of New York, hereby affirms the truth of the following under penalty of perjury: 1. I am a member of the firm of Fishkin Lucks LLP, attorneys for defendants Ashland Inc. (“Ashland”), Texaco Inc. (“Texaco”) and Univar Solutions USA Inc. (“Univar”), and as such, and having access to the records maintained by this firm, I am fully familiar with the facts of the instant matter. 2. This affirmation is submitted in support of the instant Motion which seeks an Order: (1) pursuant to 22 NYCRR 520.11 permitting the admission, pro hac vice, of Matthew C. Cairone to participate as counsel in all phases of the litigation of this matter, including trial; and (2) for such other and further relief as this Court may deem just and proper. 3. The moving Defendants respectfully request the admission of Matthew C. Cairone to act, along with the undersigned, as counsel for the moving Defendants in all aspects of this matter, including pre-trial proceedings and trial. Mr. Cairone has represented Ashland, Texaco and Univar in similar complex products liability matters in the past and, in that capacity, is quite familiar with the parties and products at issue in the case. Mr. Cairone is, in addition, fully familiar with the facts of this matter. 1 of 3 FILED: NEW YORK COUNTY CLERK 01/26/2023 05:19 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/26/2023 4. Annexed hereto as Exhibit “A” is the Affidavit of Matthew C. Cairone in support of his pro hac vice admission. In that Affidavit, Mr. Cairone attests that he has previously acted as counsel in other complex product liability matters, including representing Ashland, Texaco and Univar. He also attests that, as a result of such, he is familiar with the products and areas of law at issue in this case. 5. Mr. Cairone also attests that he is currently a member in good standing of the State Bars of Pennsylvania and Michigan. Copies of the certificates reflecting this are annexed to his affidavit. He is admitted to practice before the Supreme Court of Pennsylvania, Supreme Court of Michigan, United States District Courts for the Eastern and Western Districts of Michigan and Eastern and Western Districts of Pennsylvania, and the Third Circuit Court of Appeals. He also attests that he is familiar with and shall comply with the standards of professional conduct imposed upon members of the New York State Bar, including the rules of Court governing the conduct of attorneys and the Code of Professional Responsibility. He further attests that he has never been convicted of a crime and has never taken the New York bar examination. 6. Finally, he attests that he has agreed to submit to the jurisdiction of the New York State Courts with respect to any actions concerning his conduct in the defense of the moving Defendants in the instant litigation. 7. This case involves complex factual and legal issues. Mr. Cairone has the experience and knowledge of this field to handle such complex matters. In the event that these matters go to trial, it is in the moving Defendants’ best interest to have Mr. Cairone appear and participate as its designated co-counsel in this matter. 2 2 of 3 FILED: NEW YORK COUNTY CLERK 01/26/2023 05:19 PM INDEX NO. 159245/2022 NYSCEF DOC. NO. 59 RECEIVED NYSCEF: 01/26/2023 WHEREFORE, for all the foregoing reasons, it is respectfully requested that this Honorable Court enter an Order: (1) pursuant to 22 NYCRR 520.11 permitting the admission pro hac vice of Matthew C. Cairone to participate as counsel in all phases of the litigation of this matter, including trial; and (2) for such other and further relief as this Court may deem just and proper. Dated: New York, NY January 26, 2023 FISHKIN LUCKS LLP /s/ Steven M. Lucks Steven M. Lucks, Esq. 500 7th Avenue, 8th Floor New York, New York 10018 (646) 755-9200 slucks@fishkinlucks.com Attorneys for Defendants Ashland Inc., Texaco Inc. and Univar Solutions USA Inc. 3 3 of 3