Joseph F. Falgiani

Counsel

Joseph F. Falgiani

Counsel
Overview Overview Experience Credentials

Joseph Falgiani has a broad range of litigation and trial experience in his 36 years in the law. He has also published and lectured on corporate risk management issues based on the knowledge gained in his litigation and trial background. His work has involved personal injury, mass tort, toxic exposure, pharmaceutical and medical device litigations, as well as environmental, construction and commercial cases. He has tried cases in various state and federal jurisdictions, and has been national counsel in pharmaceutical and medical device litigations. 

Joseph has brought to bear his educational background in science and medical matters to deconstruct allegations based on faulty scientific conclusions and in successfully prosecuting Daubert challenges to the admissibility of medical and scientific expert testimony. He is an exceptionally persuasive writer, which has led to numerous successful motions to dismiss claims, to strike expert testimony and to win summary judgments. 

The following representative matters demonstrate the breadth of Joseph’s experience:

  • 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

  • “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). 

Publications

  • “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)
 

Admissions

  • New Jersey
  • New York
  • 3rd U.S. Circuit Court of Appeals
  • U.S. District Court (D. N.J.)
  • U.S. District Court (E.D.N.Y.)
  • U.S. District Court (S.D.N.Y.)

Education

  • J.D. (1980) Rutgers Law School
  • — articles editor, Rutgers Law Review
  • M.A. (1968) Fordham University
  • B.A. (1966) La Salle University, cum laude