Buchanan Ingersoll & Rooney's Victory for Cook Composites and Polymers Affirmed

Camden, NJ, July 6, 2010 — Buchanan Ingersoll & Rooney PC obtained another victory for client Cook Composites and Polymers ("CCP") in a unanimous non-precedential opinion issued on July 1, 2010, by the U.S. Court of Appeals for the Third Circuit. The opinion affirmed a jury verdict issued last July after a five-week trial in the U.S. District Court for the District of New Jersey. The case stemmed from a $405 million lawsuit in which Plaintiffs Viking Yacht Company and Post Marine Co. sought to hold CCP responsible for catastrophic cracking of gel coat on yachts they had built between 1997-2004. The Third Circuit also affirmed the district court's summary judgment rulings, including its ruling dismissing the plaintiffs' NJCFA and common law fraud claims on the eve of trial.

At trial, CCP presented evidence that the gel coat in question met CCP's warranties, that Viking and Post's experience was unique to them, and not shared by any of CCP's other gel coat customers, and offered compelling expert testimony in support of CCP's product. The Buchanan team consisting of Gerald E. Burns, Thomas P. Manning and legal assistant Cheri Pearce — prevailed in multiple summary judgment motions, a lengthy jury trial, and now, with the Third Circuit's ruling, on appeal.

The case is captioned Viking Yacht Company, et al., v. Composites One LLC, et al., No. 05-cv-538 (D.N.J.). The appeal citation is Viking Yacht Co. et al. v. Composite One LLC, et al., Nos. 09-3417 and 09-3558 (3rd Cir. July 1, 2010).

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.