Product Liability Forum
Date: Dec 3, 2026 9:00 a.m. – 3:00 p.m.
Location: New Jersey Law Center, New Brunswick, and Online
Member Price: $179.00
Non-Member Price: $224.00
Section Price: $0.00
Areas of Law: Civil, Product Liability & Mass Tort
Earn up to 6.3 credits, including 1.2 in Ethics! (More Information)
Featured Speaker
Moderator
- Rachel A. Placitella, Esq.
- Cohen Placitella & Roth, Red Bank
Presenters
- Hon. Ana C. Viscomi, J.S.C.
- Middlesex County Courthouse
- Hon. Rachelle L. Harz, J.S.C. (Ret.)
- Javerbaum Wurgaft Hicks Kahn Wikstrom & Sinins, PC
- Hon. John A. Jorgensen, J.S.C. (Ret.)
- Blick Law, LLC
- Hon. Alberto Rivas, J.S.C. (Ret.)
- Chiesa Shahinian & Giantomasi PC
- Jessica L. Brennan, Esq.
- Barnes & Thornburg LLP, Morristown
- Kelly S. Crawford, Esq.
- Riker Danzig LLP, Morristown
- Timothy Freeman, Esq.
- Gallo Vitucci Klar LLP, Hackensack
- John C. Garde, Esq.
- McCarter & English, Newark
- Christopher J. Geddis, Esq.
- Sbaiti & Company NJ LLC, Newark
- Melissa A. Geist, Esq.
- Reed Smith, LLP, Princeton
- Danielle M. Gold, Esq.
- Weitz & Luxenberg, New York
- David Katzenstein, Esq.
- Member, Eckert Seamans Cherin & Mellott, Lawrence Township
- Lynne M. Kizis, Esq.
- Wilentz Goldman & Spitzer, Woodbridge
- Marc Saperstein, Esq.
- Davis, Saperstein & Salomon, P.C., Teaneck
- Adam M. Slater, Esq.
- Mazie Slater Katz & Freeman LLC, Roseland
- William R. Stuart, III, Esq.
- Sills Cummis & Gross PC, Newark
From rapidly evolving federal regulations to complex technological advancements, successfully handling product liability litigation in New Jersey requires a thorough understanding of the current landscape. Traditional litigation strategies often fall short when confronting unsettled issues such as electric vehicle battery standards, medical device preemption, and the post-Accutane framework for expert testimony. Navigating these high-stakes disputes demands a strategic approach that extends from the initial site inspection through mediation, trial, and appeal.
This comprehensive annual forum, one of New Jersey's premier product liability events, brings together leading practitioners and distinguished members of the judiciary to examine the most significant strategies and developments in product liability law. Attendees will gain practical, actionable guidance for addressing the complexities of industrial machinery claims, consumer product failures, pharmaceutical litigation, and more, while also exploring critical ethical considerations, including litigation financing and evidence preservation.
Whether you represent plaintiffs or defendants, you will leave with the advanced tactical insights needed to effectively manage these sophisticated cases in New Jersey courts.
Program Agenda
9 a.m. | Introduction
9:05 a.m. | What is product liability in New Jersey? - William R. Stuart, III, Esq.
- Define a product liability action under the New Jersey Products Liability Act
- Relationship between NJPLA and other causes of actions
- Three principal defect theories
9:30 a.m. | Current case law - David Katzenstein, Esq. and Rachel Placitella, Esq.
- Federal preemption
- Affirmation of fact
- Food and Drug Administration and Consumer Product Safety Commission recalls
10 a.m. | Vehicle defect cases - Plaintiff - Marc Saperstein, Esq.
- Overview of product liability and crashworthiness
- NJPLA
- Design defects with examples
- Manufacturing defects in automobiles with examples
- Federal motor vehicle safety standard 301
- Federal Motor Vehicle Safety Standards impact on New Jersey claims
- Electric vehicle battery defects – Federal Motor Vehicle Safety Standards 305
- Future product liability defects
10:35 a.m. | Break
10:45 a.m. | Industrial Machinery and Workplace Products - Marc Saperstein, Esq. and Timothy Freeman, Esq.
- Products
- Manufacturing and assembly-line machinery
- Presses, rollers, cutters, saws and grinders
- Forklifts, cranes, hoists and serial lifts
- Construction and excavation equipment
- Ladders, scaffolds and fall-protection equipment
- Issues
- Point-of-operation guards and interlocks
- Human-factors and engineering experts
- Worker’s compensation liens and third-party actions
- Occupational Safety and Health Administration and industry standards
- Allocation of responsibility among manufacturers, employers, worksite owners, contractors and operators
- Foreseeability of workplace practices
- Removal or bypassing of safety devices
- Employer alteration, maintenance or misuse
- Preservation of evidence, inspection and expert review
- Emergency stops and lockout/tagout systems
11:20 a.m. | Consumer and Household Products - Adam M. Slater, Esq. and Jessica L. Brennan, Esq.
- Failure to Warn claims, and how they generally differ from other regulated products
- Foreseeable use and misuse
- Subsequent remedial measures
- Personal jurisdiction
- Online purchases
11:55 a.m. | Lunch
12:25 p.m. | Medical Devices - Generally – Christopher J. Geddis, Esq. and Kelly S. Crawford, Esq.
- Food and Drug Administration approval v. 510(k) clearance
- Federal preemption for certain devices
- Admissibility and proper use of regulatory evidence
- Manufacturing defects
- Contamination
- Improper assembly
- Design defects
- Material degradation
- Alternative design feasibility
- Failure to warn
- Instructions for implantation and removal
- Physician training and advice of sales representatives (subsumed or not)
- Explant preservation and surgeon testimony
1 p.m. | Pharmaceutical Drugs - Generally - Melissa A. Geist, Esq. and Danielle M. Gold, Esq.
- Labeling/Failure to warn
- Federal preemption
- Learned intermediary doctrine
- Admissibility of expert testimony post-Accutane
1:30 p.m. | Mediation/Settlements - Hon. Ana C. Viscomi, J.S.C.; Hon. Rachelle L. Harz, J.S.C. (Ret.); Hon. John A. Jorgensen, J.S.C. (Ret.) and Hon. Alberto Rivas, J.S.C. (Ret.)
- Importance of timing and conducting mediation in stages
- Is mediating a product liability case any different from other cases, and if so, how?
- Recommendations for successful mediations
2 p.m. | Ethics - John C. Garde, Esq. and Lynne M. Kizis, Esq.
Duty to preserve evidence
- Use of litigation financing
- Representation of multiple plaintiffs/defendants
- Ethical use of demonstratives and generative artificial intelligence
3 p.m. | Adjourn
Important Information About Our Events, Meetings, and More:
To secure your spot and receive important updates about our events, meetings, and other gatherings, such as schedule changes, remember to register in advance.
Digital Materials & Environmental Commitment: As part of our commitment to environmental sustainability, unless otherwise noted, all seminar materials are provided as digital downloads. You can access these materials through:
- The “My Links” section at the top of our website for in-person or online events
- Or, for online programs, the event access link included in your joining instructions
Cancellation and Refund Policy:
If you need to cancel your registration and are not transferring to another program or date, please submit a written request to us at least three business days before the event, meeting, or gathering. You will receive a refund minus a $20.00 cancellation fee. No refunds or registration changes will be issued within three business days of the event, meeting, or gathering.
Professional Conduct:
All attendees and participants are expected to conduct themselves professionally and treat others with respect at NJSBA events, meetings, and gatherings. This includes courteous communication, respecting perspectives, and creating a welcoming environment for all. Failure to adhere to this policy may result in removal from the event.
Stay Informed:
Registered participants will be notified of any schedule changes. For updates regarding inclement weather, please check your email or visit NJSBA.com.
Media Consent:
By participating in our events, meetings, or other gatherings, you agree to be photographed and/or recorded. Additionally, all media content captured during these gatherings will become the property of NJSBA. This content, including your image and name, may be used in our future promotional materials without additional consent or compensation.
Scholarship & Financial Assistance Policy:
Read our Scholarship & Financial Assistance Policy and submit an Application here: https://njsba.com/njicle/cle-programs/scholarship/