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Brian E. Moffitt

Brian E. Moffitt

Of Counsel

BMoffitt@ndslaw.com
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New Jersey Business Litigation Lawyer

Biography

Brian is Of Counsel to our Litigation Department, where he represents corporate and individual clients in commercial and other complex matters in the state and federal courts, including all aspects of strategy formulation, pre-litigation investigation, fact and expert discovery, motion practice, pre-trial preparation, trials and appeals. Mr. Moffitt has extensive experience in mass tort and toxic tort litigation; defending premises liability claims arising from asbestos and other environmental contamination claims; environmental clean-up, cost recovery and contribution litigation; insurance coverage litigation arising primarily out of environmental claims; contract disputes, including franchise termination; professional malpractice defense; class-action defense; trademark litigation; New Jersey Parentage Act litigation; and insurance defense. He has had a wide range of experience working with medical and environmental experts, both consulting and testifying. Mr. Moffitt is also exceptionally proficient with e-discovery and has overseen the creation, review and production of document databases comprised of millions of pages of documents.

Representative Matters

  • Secondment at global industrial gases corporation; worked directly with the General Counsel for the Americas in supervising all litigation and claims, involving tort, contract, environmental and various other issues
  • Successful defense of international bank, a premises owner, in over 340 toxic tort personal injury suits filed in the Southern District of New York arising from the terrorist attacks of September 11, 2001
  • Simultaneously handled e-discovery issues in a $100 million-plus malpractice claim against a leading New Jersey law firm, ultimately gaining dismissal of the claims via summary judgment
  • Successful defense of public utility in a mass tort matter involving hundreds of personal injury claims arising from alleged exposure at a former manufactured gas plant
  • Successful defense of global chemical conglomerate in action arising from alleged worker health and safety issues and alleged misrepresentations about the environmental condition of a closed plant site
  • Successful prosecution of insurance coverage litigation on behalf of global chemical conglomerate seeking cleanup and defense costs relating to dozens of former manufacturing plants and other environmental sites, including various appeals and settlement of same
  • Successful prosecution of insurance coverage litigation on behalf of global pharmaceutical company seeking cleanup and defense costs relating to numerous former manufacturing plants and other environmental sites

Recent Speaking Engagements

  • “Early Case Assessment: Using a Sample of Your Company’s Data to Your Advantage, ” New Jersey Corporate Compliance Roundtable (Speaker; February 2015)

Selected Appellate Decisions

  • R.A.C. v. P.J.S., 192 N.J. 81 (2007)
  • R.A.C. v. P.J.S, 380 N.J. Super 94 (App. Div. 2005)
  • Hawkins v. Harris, 141. N.J. 207 (1995)

Admissions

  • New Jersey, 1992
  • New York, 1995
  • U.S. District Court for the District of New Jersey, 1992

Education

  • Seton Hall University School of Law, J.D. cum laude, 1992
  • University of Notre Dame, B.B.A, Finance, 1988