Arbitrator, Mediator, Case Manager, Attorney at Law - New Jersey and New York
Norris McLaughlin & Marcus P.A.
Areas of Expertise:
✔ Appellate ✔ Banking & finance
✔ Class Actions ✔ Commercial/Business
✔ Contract Disputes ✔ Employment
✔ Engineering ✔ Franchise
✔ Insurance ✔ Joint Ventures
✔ Legal Malpractice ✔ Partnerships
✔ Personal Injury ✔ Premises Liability
✔ Probate ✔ Professional Liability
✔ Real Estate ✔ Shareholder Disputes
✔ Title Disputes ✔ Torts
✔ Trade Secrets and Confidentiality Disputes ✔ Trusts/Estates
Sole, chair, panel neutral and party-selected Arbitrator in over 100 substantial New Jersey, national and international disputes. Mediated hundreds of complex commercial cases, including corporate, insurance, professional associations, employment, securities and financial, construction, general tort claims, products liability, telecommunications, and environmental. Mediation success rate (1998 - 2012): over 95%.
AAA Arbitrator and Mediator; (AAA Large and Complex, Class Action, Wireless Telecommunication, Commercial Arbitration, and Mediation panels); Fellow, College of Commercial Arbitrators, 2011; Arbitrator and Mediator, International Centre for Dispute Resolution (ICDR); Distinguished Neutral, International Institute for Conflict Prevention and Resolution (CPR); CEDR Accredited Mediator (2011, London, UK - NYC Training); International Mediation Institute Certified Mediator; Certified Mediator, United States District Court, District of New Jersey; I.C.C. Arbitrator; Member, New Jersey Association of Professional Mediators; Lecturer on ADR: N.J.I.C.L.E., 2005-12, various County Bar Associations, and Inns of Court, 2004-12, N.J. State Bar Association, 2004, ALI-ABA, 2003.
Member, Norris, McLaughlin & Marcus, PA,, 1998 - to date
Judge, Superior Court of New Jersey, 1973-98 (Presiding Judge, Appellate Division, 1994-98; Applellate Division,1983-98; Chancery Division, General Equity, 1980-83; Law Division, 1973-80)
Partner, Mackenzie, Welt & Dreier, and associate of predecesor firm, 1962-73
Law Clerk to Hon. Sidney Goldmann, P.J.A.D., 1961-62
AAA sole class arbitrator: Addelman et al. v. The Ryland Group, FL.; class panel chair: LaRue v. Armadillo Construction Co., (TX), and Clark v. CHDP Condo LLC. (GA), sole class arbitrator, Carroll v. Clayton Homes, Inc, AL; panel chair (NY) in Madoff feeder fund liability arbitration panel (NY); member Facebook settlement liability panel (NY); sole arbitrator in several AAA telecommunications cases (NJ, NY, CO), and sole arbitrator in electric utility contract dispute (Boston); I.C.C. panel arbitrator, aircraft engine failure dispute (Singapore). Special Master and Discovery Master for class claims: W. R. Grace & Co. bankruptcy proceedings; Owens-Corning bankruptcy proceedings; ADR Coordinator, Cooper Tire & Rubber Co. nationwide class action; numerous other multi-party and high-profile State and Federal actions.
CEDR Training, 2011; ICDR International Commercial Arbitration and Mediation Conference, 2006; Advanced ADR Training, 2006-08; CCA lectures, 2011; AAA Courses: 2014; Chairing an Arbitration Panel: Managing Procedures, Process & Dynamics, 2006; Dealing With Delay Tactics in Arbitration, 2005; Arbitration Awards: Safeguarding, Deciding & Writing Awards, 2004; Commercial Arbitrator II Training: Advanced Case Management Issues, 2001; Commercial Arbitrator Training, 2000; N.J. Assoc. of Professional Mediators: various 1-hour programs, 2000-05; Garibaldi ADR Inn of Court, monthly arbitration and mediation training or lecturer (8-10 times per year), 1999-2011; Center for Dispute Settlement, Washington, D.C., mediation training, 1999; National Judicial College, dispute resolution training, 1985; New Jersey Judicial College, new judge training course, 1973.
Admitted to the New Jersey and U.S. District Court, District Of N.J., 1961; United States Supreme Court, 1969; U.S. Court of Claims, 1972; U.S. Court of Appeals, 3rd Circuit, 1972; New York Bar, 1988; U.S. District Court, So. District, N. Y., 1998; U.S. Court of Appeals, 2nd Circuit, 1999; U.S. Court of Appeals, Federal Circuit 2000.
Medal of Honor for Professional Excellence and Service to the Profession (New Jersey’s highest award to an attorney), 2008, New Jersey State Bar Foundation;
Prof. James B. Bosky Award “ADR Practitioner of the Year,” 2010, Dispute Resolution Section, New Jersey State Bar Association;
First Annual William A. Dreier Award for Excellence in Products Liability Law, 2009, Products Liability Section, New Jersey Bar Association;
Somerset County Bar Association Career Professional Service Award, 2008;
Alfred C. Clapp Award for Excellence in Continuing Legal Education (N.J.I.C.L.E.), 1993;
Judicial Achievement Award, 1979, National Institute for Child Custody; ]
Plainfield's Outstanding Citizen for 1972;
Best Lawyers in America, 2005-13 (ADR);
Super Lawyers, 2004-13 (ADR);
Who’s Who in America 2013-;
Martindale-Hubble av rating.
American Law Institute - American Bar Association Committee for Continuing Professional Education: Planning Chair or Co-Chair and Faculty Member, Advanced Products Liability Course (San Francisco, 2005; Chicago, 2004; Coral Gables, 2003; Boston, 2001, San Francisco, 2000, Boston 1999, Scottsdale 1998, San Diego 1996, Boston 1995, Boston 1994, Atlantic City and San Francisco, 1984); Faculty member, Products Distribution, Atlanta, 1987.
New Jersey Institute for Continuing Legal Education: Advanced ADR Techniques, 2005-14; Products Liability, annual lectures, 1978 to 2008; Chancery Practice, 1983, 1991, 1994, 1997, 2001; 2005; 2008; 2012 Evidence, 1978, 1981, 1991, 1993, 1995; Matrimonial Appellate Practice, 1990; Secured Transactions, 1976, 1979, 1981, 1985, 1989; Settlement Techniques, 1983.
New Jersey Law Journal Lecture Series: "Products Liability - A-Z" (2000); "Toxic Torts and Products Liability" (2002).
Mealey's Toxic Torts: Co-chair and Lecturer, Palm Beach, 2000; Boston, 1999.
New Jersey Judicial College: Products Liability, annual lectures, 1977-06; Evidence Law and Courtroom Control for New Judges, annual lectures, 1978-07; Secured Transactions, 1981, 1988.
National Judicial College, University of Nevada, Reno, Nevada: Faculty Member and Lecturer on Civil Law and Evidence, 1982-1990; Faculty Advisor, 1978.
Other Judicial Lectures: Evidence and Complex Case Management, Judiciary of Maracopa County (Phoenix), Arizona, 1989; Evidence, Judicial Institute of Maryland, 1988; Complex Case Management, Judiciary of the State of Vermont, 1986; Evidence Law, Judiciary of the State of Connecticut, 1980.
New Jersey Institute of Municipal Attorneys: Annual lectures on developments in Municipal Law, 1969 -1972.
Congressional Witness: Committee witness on pending product liability tort reform legislation, United States Senate, Judiciary Committee (Courts and Administrative Practice Subcommittee), 1990, 1992; Commerce Committee (Consumer Subcommittee), 1985 - 1987.
Law School Lectures and Symposia: University of Texas Law School (Symposium on International Products Liability Law, 1998); University of Michigan Law School (Colloquium on Restatement (Third) of Torts: Products Liability, 1996); Rutgers (Newark) Law School (Keynote Speaker, Symposium on Law Reform, 1995); Rutgers (Camden) ) Law School (Symposium on State Constitutional Law, 2000); University of Kansas Law School, Law and Economic Organizations Center (Symposium for Judges, Restatement (Third) of Torts, 2000); Seton Hall Law School (Symposium on Restatement (Third) of Torts: Products Liability, 1999, and annual lectures on Appellate Practice, 1992 to 2000).
Miscellaneous Lectures: American Bar Association, Tort and Insurance Practice Section; The Center for Business Intelligence; American Trial Lawyers Association (N.J.); Trial Attorneys of New Jersey; U.S.A. Product Liability Litigation Institute, New York; New Jersey State Bar Association, and County Bar Associations (Somerset, Union, Mercer, Middlesex and Essex Counties); Inns of Court in Union, Morris and Essex Counties.
Columbia University Board of Visitors of the Faculty of Law, 1992 (Emeritus, 2000);
Editorial Board, New Jersey Law Journal, 1998 to date;
Fellow of the American Bar Foundation, 1988 (Life Fellow, 1998 to date);
American Law Institute (ALI) 1982, (Life Member 2007 to date) (Advisor, Restatement (Third) of Torts: Apportionment of Liability, 1995-2000; Members' Consultative Group, Restatement (Third) of Torts: General Provisions, 1997 to date; Restatement (Third) of Torts: Products Liability, 1993-1997); Uniform Commercial Code Revisions; ALI-ABA Committee on Continuing Professional Education, Product Liability Advisory Group, 1985-1997
Trustee, New Jersey Institute for Continuing Legal Education, 2004 to 2011 and Chair, Board of Trustees, 2006 to 2011
New Jersey State Bar Association Committee on Continuing Legal Education, 2011-2012
Justice Marie L. Garibaldi American Inn of Court for Alternative Dispute Resolution Master (1998 to date) and Counselor (2006 to date), executive Board member and frequent lecturer,Richard J. Hughes American Inn of Court Founding Master, lecturer, pupilage group leader, and active participant, 1988-2010;
American Bar Association, 1961 to date
New Jersey State Bar Association, 1961 to date; Founding Member, Product Liability Section (1995 to date); Director, Dispute Resolution Section, 2006-11;
Somerset County Bar Association, 1998 to date
Member 1998 to date and President, 2004-2006, New Jersey Association of Retired Judges
New Jersey Supreme Court Judicial Evaluation Commissioner, 2000 to date;
New Jersey Supreme Court Standing Committees: Evidence, 1981 to 2008; Civil Practice, 1979-1990; Civil Case Management and Procedures (Chair, Complex Case Subcommittee), 1983-1984; Committee on Court Management Structure, 1982-1983
Columbia Law School (J.D., 1961); Graduated as Harlan Fiske Stone Scholar.
Massachusetts Institute of Technology (B.S., Business and Engineering Administration (1958).
New Jersey Arbitration Handbook (NJ Law Journal Books, 2013, annual eds, to 2015 TBP);
Chancery Practice in New Jersey (1983; rev. ed. 1984; 3rd ed. 1991, 4th ed. 1997, 5th ed. 2001 6th ed. 2005, 7th ed 2008; 8th ed. 2012, 9th ed. 2014)
New Jersey Products Liability and Toxic Torts Law, (Gann Law Books, annual editions, 1995 to 2015), and Products Liability and Toxic Torts Law in New Jersey - A Practitioner's Guide, (1st ed. 1978; 2nd ed. 1980; 3rd ed. 1982; 4th ed. 1983 with annual supplements, 5th ed. 1986; 6th ed. 1988, with annual supplements to1993)
Secured Transactions Under the Revised Uniform Commercial Code (1st ed. 1981; 2nd ed. 1985; 3rd ed. 1989); Secured Financing Under the Uniform Commercial Code (1st ed. 1963; 2nd ed. 1966; 3rd ed. 1971; 4th ed. 1976; 5th ed. 1979).
Except as noted, all published by New Jersey Institute for Continuing Legal Education.
Law Review Articles:
Liability for Drug Advertising, Warnings and Fraud", 58 Rutgers L. Rev. 615 (2006)
"Beyond Workers' Compensation: Workplace Comparative Fault and Third-Party Claims," 20 Ga. St. U. L. Rev. 459 (2004)
"Direct-to-Consumer Advertising Liability: An Empty Gift to Plaintiffs?," 30 Seton Hall L. Rev. 806 (2000)
"Manufacturers Liability For Drugs and Medical Devices Under the Restatement (Third) of Torts: Products Liability," 30 Seton Hall L. Rev. 258 (1999)
"The Restatement (Third) of Torts: Products Liability and New Jersey Law - Not Quite Perfect Together", 50 Rutgers L. Rev. 2059 (1998)
["Design Defects Under the Proposed Section 2(b) of the Restatement (Third) of Torts: Products Liability - A Judge's View," 30 U. Mich. J. of Law Reform 221 (1997)]
"Reform of the Personal Injury Damages Delivery System," 48 Rutgers L. Rev. 799 (1996)
"Injuries to Production Workers: Reform of the Workers' Compensation Product Liability Interface," 48 Rutgers L. Rev. 813 (1996)
"Analysis, 1987 Product Liability Act," 41 Rutgers L. Rev. 1279 (1989)
"Identification of the Defendant Manufacturer in Generic Product Cases: Issues and Questions," 17 Seton Hall L. Rev. 513 (1987).
Other Articles: (All published in New Jersey Law Journal, unless otherwise noted):
“Impasse Resolution in Personal Injury Cases,” (Book Chapter in Definitive Creative Impasse-Breaking Techniques in Mediation, (NY State Bar Association, 2011)
“Achieving the Promise of Arbitration”, (April, 2011); “Issues with Arbitration Costs,” Metropolitan Corporate Counsel (March, 2011)
“Avoiding the Impasse – Closing the Deal,” ALTERNATIVES to the High Cost of Litigation (CPR) (Jan. and Feb. 2011)
“A Missed Opportunity [for Medical Monitoring Law]” (2009)
"The Essentials In A Successful Appellate Practice," Metropolitan Corporate Counsel (2008)
"ADR Trends for 2008," Metropolitan Corporate Counsel (2008)
“Imported Product Recalls,” (2007)
"Recent Court Rulings Affect Punitive Damages," New Jersey Lawyer, (2007)
"Strategies for Successful Interaction With ADR Neutrals ," Metropolitan Corporate Counsel, (2007)
"FDA Approval of Drug Warnings," For the Defense (2007)
"Does FDA Approval Provide a Safe Harbor," (2006)
"FDA Reaffirms Its Firm Stand on Preemption," New Jersey Defense (2006)
"Save Time and Money with Mediation," U.S.1 (2006)
"Experts Identify ADR Trends and Best Practices," Metropolitan Corporate Counsel (2006)
"A Simple End to Complex Instrumentalities," (2005)
"The Growing Popularity of ADR," Metropolitan Corporate Counsel (2005)
"Finding the Most Efficient Forum for Resolving Disputes in Today's Corporate World," Metropolitan Corporate Counsel (2004)
"When Does a Plaintiff Need an Expert" (2004)
"Mediate, Arbitrate - Don't Litigate" (Metropolitan Corporate Counsel (2004)
"Assessment of Employees' and Employers' Conduct in Product Liability Cases – A New Beginning?" (2003)
"A Question of Liability - Who's To Blame When Products Developed by Licensees Cause Unforeseen Injuries?," (2003)
"Resolve Your Disputes Out of Court," Metropolitan Corporate Counsel (2003)
"Advice to the Novice (and Seasoned) Appellate Lawyer," New Jersey Lawyer Magazine (2003)
"Untying the Laidlow Knot," (2002)
"Lowering the Bar" (2001)
"Liability for Design Defects in New Jersey Following the 1997 Restatement (Third) of Torts" (2000)
"Foreseeable Misuses of a Product" (1999)
"Post-Sale Duties to Warn," N.J. Lawyer Magazine and Mealey's Toxic Tort Review (1999)
"Cases, Cases and More Cases," N.J. Lawyer Magazine (1995)
A Salute to Justice James C. Coleman," Rutgers Const. L. Journal (1995)
"Effect of Tort Reform Legislation on Product Liability Law," (1995) N.J. Lawyer
"A State Judge's View of Expert Witnesses," (1995)
"Analysis, 1987 Product Liability Act," (1988)
"New Jersey Municipal Law Decisions," (1970), (1971), (1972), (1973) [also published in New Jersey Municipalities]
"Non-Judicial Attachment of Bank Accounts" (1968)
"The Uniform Commercial Code and the Law of Fixtures," (1963).
Approximately 380 officially-reported judicial opinions.