Joseph F. Falgiani, Esq.
Of-Counsel

Joseph Falgiani is Of Counsel to the firm, bringing 38 years of litigation and trial experience to the Litigation Department at Becker LLC. His work has included mass tort, toxic exposure, pharmaceutical products, medical devices, product liability, commercial disputes and insurance coverage. He has tried cases in various state and federal courts, including as national counsel in several pharmaceutical and medical device litigations. He has also published and lectured on corporate risk management issues.

Representative matters:  

  • Successful settlement of national class action involving allegedly defective heavy
    duty diesel engines after several years of litigation.

  • Successful motion demonstrating that client was protected by the bankruptcy code from further claims. Case required unraveling for the court a series of complex corporate mergers, acquisitions and divestitures occurring over several decades to show that our client was entitled to the same protection afforded to a former bankrupt entity under the code.

  • Summary judgment on the pleadings for our client, a major multinational cement and aggregate manufacturer based in Europe, after the court found that plaintiffs failed to show that the client’s alleged predecessor was in the business of selling raw asbestos that could have reached the plant where plaintiffs were allegedly exposed.

  • Successful settlement of RCRA environmental Citizen Suit brought under the federal RCRA statute against our client. Settlement was driven by successful motion to strike plaintiff’s expert testimony.

  • Summary judgment in favor of client in premises liability case on grounds that client was not a successor to the machine company where plaintiff was allegedly exposed 30 years earlier, and that plaintiff was an independent contractor when he worked for the predecessor, and therefore controlled the very conduct which caused his alleged exposure.

  • Successful motion to dismiss consumer fraud putative class action against shampoo manufacturer alleging “no injury” economic loss claims.

  • Successful defense of multinational industrial generator manufacturer against claims by public entity alleging that the generators were not suitable for their designated application.

  • Defense of clients in medical implant device litigation in an MDL and in numerous individual state court actions, including trials and motion practice in various state and federal courts.
     

Presentations and Publications
 

  • “Safe Communication: Ten Guidelines for Creating Corporate Documents That Don’t Bring Down the Company” - delivered at several conferences sponsored by the American Conference Institute and the North American Records Management Association (New Jersey)

  • “Ensuring Your Communications Policy Won’t Bring Down the Company” - Bloomberg BNA, December 9, 2016

  • “Risk Assessment in Toxic Exposure Cases” - A comprehensive review of the scientific, legal and strategic issues associated with the use of formal risk assessments to rebut or support causation in toxic exposure cases published in two parts in Law360, September 2009

  • Dean v. Barrett Homes, Inc.: A Crack in the ‘Economic Loss’ Rule for ‘Integrated Products’ - Sedgwick’s Construction Law Update, December 2010; Sedgwick’s Product Liability Update, December 2010

  • Subject Matter Jurisdiction Under RCRA: "Testing the Limits of Commerce Clause in a Citizen’s Suit"  - Sedgwick’s Toxic Tort & Environmental Law Update, March 2012

  • Variations of Mr. Falgiani’s article: “Safe Communication: Ten Guidelines for Creating Corporate Documents That Don’t Bring Down the Company” - have appeared in the following journals, periodicals and loose leaf publications:     

    • For the Defense (October 2001)

    • Law Department Management Advisor (August 2001)

    • Corporate Counsel’s Quarterly (July 2001)

    • Corporate Counsel’s Guide to Litigation Management (April 2002)

    • Digital Discovery & e-Evidence (Part I: November 2004; Part II: December 2004)

    • Records Retention Report (March 2006)

    • Guide to Records Retention: The Lawyer’s Role (November 2008)

Insurance

Litigation

 

Areas of Specialty:

Commercial Disputes

Insurance Coverage Litigation

Product Liability

Education:
Rutgers Law School, J.D.
Fordham University, M.A.
La Salle University, B.A.
Articles Editor, Rutgers Law Review

Admitted to Practice:
New Jersey
New York
Third Circuit Court of Appeals
U.S. District Court (D.N.D.)
U.S. District Court (E.D.N.Y.)

U.S. District Court (N.D.N.Y.)
U.S. District Court (S.D.N.Y.)

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