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Thursday, October 17, 2019

Company says New York firm’s lawsuit over malpractice allegations ‘retaliatory’

By Jessica Karmasek | Sep 9, 2016

MONROE, La. (Legal Newsline) - The maker of a popular line of child sippy cups, being sued by its former attorneys, contends the law firm’s allegations are baseless and the lawsuit has been brought in retaliation.

Plaintiff Goldberg Cohen LLP, a New York-based intellectual property firm, filed its lawsuit against defendants Luv N’ Care Ltd. and affiliate Admar International Ltd. in the U.S. District Court for the Southern District of New York Aug. 19.

Luv N’ Care, headquartered in Louisiana, is one of the leading baby product companies in the world and is mostly known for its Nuby line, which includes bottles, sippy cups, utensils and teethers.

In its 30-page complaint, Goldberg Cohen contends Luv N’ Care owes it millions of dollars for “extensive” legal services that the firm has rendered on the company’s behalf over the course of years.

“Rather than pay GC the amounts owed, LNC filed a lawsuit with fabricated allegations of malpractice, to try to evade its obligation to compensate GC for services rendered,” the firm wrote last month.

That lawsuit, filed last year by Luv N’ Care, sought at least $10 million from Goldberg Cohen for the firm’s alleged mishandling of patent infringement litigation. The company’s lawsuit was dismissed by the Southern District of New York Aug. 18.

But Luv N’ Care says its lawsuit wasn’t filed over fees; an attorney for the company says it firmly believes it was the victim of malpractice.

“I can assure you that our lawsuit against Goldberg Cohen and their attorneys was filed for the reasons that are stated in our complaint -- for the damage we suffered as a result of their malpractice,” Bob Chiaviello, intellectual property counsel for Luv N’ Care, said in a recent interview with Legal Newsline.

Goldberg Cohen seeks the legal fees still owed to it, attorneys’ fees, damages and interest.

It also asks the New York federal court to award sanctions against Luv N’ Care and its counsel due to the company’s and its counsel’s “deceitful, dishonest, and perjured actions in multiplying the proceedings case unreasonably and vexatiously in the malpractice case and requiring this case, and for its anticipated further such conduct in this case.”

Chiaviello said, without a doubt, the company plans to fight the lawsuit.

“We’re going to vigorously defend,” he said, agreeing that the firm’s action appears to be “retaliatory.”

Luv N’ Care plans to file a response to Goldberg Cohen’s complaint later this month, Chiaviello said.

From Legal Newsline: Reach Jessica Karmasek by email at

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