Steven R. Kramer

Overview

Steve Kramer is regional and national trial counsel for Fortune 100 companies in class action, multidistrict, and single-party litigation. He focuses on product liability, food-borne illness, pollution and toxic tort, and commercial litigation. He has tried cases in numerous state and federal courts.

Steve enjoys lecturing and writing on substantive and procedural topics. He has authored articles in the Law 360, Food Safety Magazine, National Law Journal, New York State Bar Journal, and New York Law Journal.

Some recent examples of Steve’s involvement in complex cases are:

• Lead Class Action counsel for defendants Sharp Appliances Thailand and Sharp Electronics Corporation in consolidated consumer products class action, Rice v. Electrolux Home Products, Inc., No. 4:15-CV-00371, 2019 WL 3532114 (M.D. Pa. Jan. 15, 2020), dismissing complaint on 12(b)(2) jurisdictional grounds against foreign defendant and dismissing all California causes of action against U.S. defendant on 12(b)(6) grounds.
• Defense jury verdict in Dolan v. SPS, 03-cv-3285 (PCK) (E.D.N.Y. 2016), aff’d 786 Fed.Appx. 318 (2d Cir. 2020), on all seven counts involving financial services misapplication of payments/violation of federal statute claims.
• Class Action counsel for defendants in Porsch v. LLR, Inc., 18-cv-09312(DC), 2019 WL 3532114 (S.D.N.Y. Aug. 2, 2019) – CAFA dismissal of complaint alleging improper collection of sales tax and deceptive business practices under New York State’s Consumer Protection Law.
• Lead Class Action counsel for General Motors LLC in Rephen v. GM LLC, 15-cv-5206(NR), 2016 WL 4051869 (S.D.N.Y. Jul. 26, 2016) – 12(b)(6) dismissal of plaintiffs’ class action complaint alleging deceptive business practices under New York State’s Consumer Protection Law and breach of contract.
• Lead counsel for Toyota in Sitafalwalla v. Toyota Motor Sales, U.S.A., Inc., 15-CV-1807 (ADS)(GRB), 2016 WL 740441 (E.D.N.Y. Feb. 24, 2016) – Toyota won an Unintended Acceleration jury trial and plaintiff filed a subsequent lawsuit claiming Toyota’s trial victory did not bar the subsequent lawsuit due to fraud and concealment. The District Court dismissed the subsequent lawsuit.
• National Coordinating Counsel and Class Action counsel for Wal-Mart Stores, Walgreen Co., Family Dollar Stores and Fred’s, Inc. in a consumer products class action involving contaminated baby wipes, Jones v. First Quality Enterprises, Inc., 2:14-cv-06305-LDW-ARL (E.D.N.Y.).
• Lead MDL counsel for Toyota Motor Corporation in the New York State MDL In re Toyota Unintended Acceleration Litigation (Index No. 60199/2011).  Defendants Liaison Counsel responsible for coordinating with the Federal MDL (In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices, and Products Liability Litigation, United States District Court, Central District of California, ML-10-2151-JVS [FMOx]).
• Represented company in the consolidated chemical/particulate exposure litigation involving almost 10,000 plaintiffs, In World Trade Center Disaster Site Litigation, 21-MC-100-AKH (S.D.N.Y.)

Representative Matters

• Hashmi v. All Taxi Management, Inc. et al. (Supreme Court, Queens County, Index No.: 2778/2016/March 23, 2023) – decision awarding summary judgment in favor of Toyota Motor Sales, U.S.A., Inc. and two dealers in vehicle fire product liability lawsuit.
• Caceres v. Toyota Motor North America, Inc., et al. (Appellate Division, Second Department/May 10, 2023) – unanimous decision in favor of Toyota Motor Sales, U.S.A., Inc. and Toyota Motor North America, Inc., reversing trial court decision and granting summary judgment dismissing complaint and all cross-claims in franchisor liability lawsuit.
• Seneca Insurance Co., et al. v. Calling Grace Productions LLC, et al. (Supreme Court, Ulster County, Index No.: EF2021-2704/November 1, 2022) – decision granting pre-answer motion to dismiss, dismissing complaint against Japanese-based client on personal jurisdiction grounds and denying jurisdictional discovery.
• Michael v. General Motors, LLC –18-3658-cv (CM) (S.D.N.Y.), aff’d 2019 WL 5561211 (2d Cir. 2019) – summary judgment dismissal of air bag and seat belt defect claims.
• Ettenheim v. General Motors LLC (Supreme Court New York County/Index No. 10845/2001) – pre-answer dismissal of case of first impression alleging a vehicle was defective by not having warnings about the danger of opening doors into oncoming traffic.
• Pollard v. Credit Suisse First Boston Mortgage Capital Corporation, 66 A.D.3d 862 (2d Dept. 2009) – summary judgment affirmed by unanimous Appellate Division, Second Department, for investment bank and loan servicer in a toxic tort action arising from a mortgage-backed security foreclosure.
• Berezouschi v. 65 Jessup Realty LLC (Supreme Court Bronx County/Index No.: 18788/2001) – defense jury verdict in Bronx County involving loss of vision claim.
• Acosta v. 501 West 171st Street Corp. (Supreme Court New York County/Index No.: 107711/2002) – defense jury verdict in lead paint case where liability was conceded, and medical causation was tried to a defense verdict.