David G. Tomeo, Esq.
David G. Tomeo is a member of the Firm and Chair of its Litigation Department and focuses his practice on complex corporate litigation and insurance coverage matters. He represents various staffing and other companies in cases involving claims of respondeat superior liability, often being called upon to defend parent and holding companies against suits seeking to hold the parent or holding company liable for alleged actions of subsidiaries and employees of subsidiaries, and counsels staffing firms in contract issues. Mr. Tomeo also regularly handles matters involving general liability coverage, as well as cases concerning errors and omissions, professional liability, and other business coverages. He also has extensive experience in health insurance law and often handles actions involving interpretation of health insurance contracts.
Mr. Tomeo is ranked "AV" by Martindale Hubbell, the highest peer-based ranking awarded by Martindale. Mr. Tomeo has argued in the Supreme Court of New Jersey and the Appellate Division of the New Jersey Superior Court. He has handled matters before federal and state trial courts throughout New Jersey and the United States. Mr. Tomeo also has appeared before a variety of ADR providers, such as the AAA, and has written and spoken on the topic of ADR.
Mr. Tomeo is a frequent author and speaker on topics relevant to his areas of practice, and he frequently makes contributions to the community by providing pro-bono legal services through Volunteer Lawyers for Justice (VLJ), where he has been honored with the award "Volunteer of the Year".
Publications and Panels
"Changes To The New Jersey Rules Of Evidence Effective July 1, 2020" - July 2020
"New Jersey Court Rules Carrier Had No Duty To Indemnify Third Party Where Insured Was Not Liable" - April 1, 2020
New Jersey Supreme Court Allows Injured Party to Recover Counsel Fees Incurred in Declaratory Judgment Action Even Though Insured was Exonerated in Jury Trial - November 2015
"Seventh Circuit Upholds Denial Of Professional Liability Coverage In The Absence Of Judgment Which Insured Was ‘Legally Obligated To Pay" - DRI, February 2014
"Time Really Does Matter: Making Sure That Public Bidding Protests Are Heard" - Public Contracts and Bidding Law Alert
"Impermissible 'Self-Referrals' To Physician-Owned Outpatient Facilities-All Bark and No Bite" - Healthcare Law and Practice Alert
"Be Careful What You Say: One Court's Look at Confidentiality Under the Uniform Mediation Act" - Seton Hall Legislative Journal.
"Opinion 43 to Affect Out of State Attorneys Seeking to Appear in Alternative Dispute Proceedings in New Jersey" - ADR Litigation Alert
"Directors & Officers Insurance Coverage: Half Full or Half Empty?" - Metropolitan Corporate Counsel.
"Appellate Division Expands Definition of Physical Damages Under First Party Insurance Policy" - Claim Denied
"United States Supreme Court Decides Role of Court and Arbitrator in Challenges to Validity of Contracts Containing Arbitration Clauses" - Metropolitan Corporate Counsel
"Court Affirms Minority Buyout of Majority Stock" - New Jersey Lawyer
"The Deadly Force Act: New Jersey's Attempt to Protect the Homeowner from Intrusion" - Seton Hall Legislative Journal.
AEGIS Claims Roundtable Seminar, "Professionalism and Ethical Consideration in Case Management" - Panelist
CPR International Institute Seminar on "New Jersey Committee on the Unauthorized Practice of Law Opinion 43 - Impact on Neutrals, Providers and Attorneys" - Featured Speaker
Areas of Specialty:
Insurance Coverage Litigation
Commercial and Business Litigation
Seton Hall University School of Law, J.D.
Montclair State University, B.A.
Admitted to Practice:
Third Circuit Court of Appeals