Litigation and Dispute Resolution

• Obtained dismissal of all claims asserted against a software and analytics provider based on contractual choice-of-law and venue provisions.
• Defense counsel for a generic pharmaceutical company in the Zantac litigation. Defended personal injury product liability and consumer and third-party payer putative class action litigation related to ranitidine (Zantac) drug products and alleged exposure to N-Nitrosodimethylamine (NDMA) in the federal court multidistrict litigation (MDL), state courts and the 11th Circuit Court of Appeals. Obtained dismissal on all causes of action in the MDL, Pennsylvania, Illinois, and Maryland.
• Defense counsel for privatized military housing operator in successful defense of purported class action litigation alleging mold exposure to residents on U.S. military bases.
• Granted summary judgment on all warnings, design defects, and manufacturing claims on behalf of a medical device manufacturer in three cases in New Jersey; argued successfully for the affirmance of the decision before the New Jersey Appellate Division and the Supreme Court of New Jersey. Goodson v. C.R. Bard, 234 N.J. 110 (2018).
• Obtained summary judgment on all warnings and design defect claims on behalf of a medical device manufacturer in a hernia mesh case in New York Supreme Court, Nassau County.
• Successfully argued for summary judgment in over one dozen cases in New York and New Jersey alleging injury caused by a hormonal contraceptive.
• In support of defendants, authored amicus curiae briefs submitted to the New York State Court of Appeals concerning medical monitoring claims (Caronia v. Philip Morris USA, Inc., 22 N.Y.3d 439 (2013)) and the Supreme Court of New Jersey concerning the adequacy of FDA-approved drug labels (In Re: Accutane Litigation, 235 N.J. 229, 2018)).
• Obtained reversal of preliminary injunction relating to alleged disclosure of trade secrets in Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110 (2nd Cir. 2009).
• Defended securities class action, consumer fraud class action and derivative lawsuit. In Re Able Labs. Securities Litigation, 425 F. Supp. 2d 562 (D.N.J. 2006).
• Led a team in the eligibility process established by the trial court overseeing Wyeth's New Jersey diet drug litigation in In Re Diet Drugs, (NJ. Sup. Ct.); Wyeth challenged cases on the grounds that the plaintiffs' claims that diet drugs damaged their heart valves were medically unreasonable; the eligibility process involved trial testimony from plaintiffs, defendants and independent experts and resulted in the dismissal of numerous cases.
• Led the team responsible for the choice-of-law and summary judgment briefs that resulted in the trial court dismissing all product liability claims on the basis such claims failed to satisfy the New Jersey Products Liability Act. In Re Hormone Therapy Litigation, 422 N.J. Super. 343 (2008), aff'd sub nom., Deboard v. Wyeth, Inc., 422 N.J. Super. 360 (App. Div. 2011).
• Represented a physician group in a lawsuit alleging breach of fiduciary duty, unfair competition and tortious interference brought by another physician seeking membership in the group; summary judgment was obtained and successfully upheld on appeal before the New Jersey Appellate Division.