Mr. Cooner handles civil litigation, with particular emphasis on the defense of claims against medical device manufacturers, pharmaceutical and chemical companies, consumer and industrial product manufacturers, and healthcare organizations.
Mr. Cooner has represented numerous medical product manufacturers in the state and federal courts of New Jersey, Pennsylvania and elsewhere, defending claims involving a wide array of surgical tools, diagnostic and therapeutic medical devices, implants and durable medical equipment. He also represents healthcare organizations, and is a member of the approved panel of defense counsel for a specialty insurer dedicated to providing insurance and risk management services to medical device, pharmaceutical and biotechnology companies.
Mr. Cooner has also handled cases involving a variety of prescription pharmaceuticals including analgesics, antidepressants, contraceptives, synthetic hormones and antibiotics. He has defended individual cases and served on teams that have managed and handled national, regional and class action litigations involving prescription medicines and devices.
Outside of the life sciences industries, Mr. Cooner has served as counsel for manufacturers of plastics and chemical products, exercise and rehabilitation equipment, school buses, and chemical processing and laboratory equipment, among other products.
Mr. Cooner has spoken on many topics of relevance to the product manufactures, and has authored several publications that discuss legal issues in pharmaceutical, medical device and other product liability cases.
Mr. Cooner has been recognized as a New Jersey Super Lawyer in the 2006-2012 editions, was recognized as Medmarc Defense Attorney of the Year in 2003 and was also listed as a Chambers USA "Leaders in their Field" lawyer for 2012.
Memberships & Affiliations
American Bar Association
New Jersey State Bar Association
Defense Research Institute
Federal Bar Association
Community
Newark Museum, Council: 2000-Present, (Chair 2005-2006; Vice Chair 2004-2005)
Count Basie Theatre, Board of Trustees: 2006-present; Chair 2009 - present
Borough of Fair Haven Zoning Board: 2008-2009
Woodcliff Academy, Risk Management Committee: 1994-2006 (Recipient of Outstanding Person and/or Corporate Partnership Awards 1994, 1996 and 2003)
Representative Matters
Medical Device Manufacturers
Counsel to multiple medical device manufacturers and pharmaceutical companies in product liability cases in New Jersey, Pennsylvania and elsewhere
National Healthcare Organization
Counsel to a national healthcare organization with respect to a wide variety of claims, including business disputes, insurance coverage and professional negligence.
Manufacturers
Counsel to manufacturers of school buses, chemicals and chemical processing equipment, plastics, lab equipment and various other consumer and industrial products in product liability, premises liability, commercial and other litigation.
Class Action Litigations
Counsel in a variety of class action litigations, including consumer fraud cases stemming from the pricing and recall of various consumer products, medical device and pharmaceuticals, as well as class actions for leasing and food service companies.
Major Industrial Company
Counsel to a major industrial company in connection with its due diligence work attendant to the acquisition of life sciences companies, and its formation of a company-wide product safety policy.
Major Drug Company
Counsel to a company in connection with litigation arising out of a clinical trial involving a new class of drugs for treating chronic viral diseases and disorders of the immune system.
News
03/22/12, Chambers USA 2012 Awards "Leading Lawyer" Rankings to 51 McCarter Lawyers
03/22/10, 37 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2010
03/31/09, 43 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2009
Speaking
2009, What's Up Doc? Risk Management Issues in Marketing to Physicians
David J. Cooner
2009, thical Issues Involving In-House Corporate Counsel and the Attorney Client Privilege
David J. Cooner
2009, Hail to the Chiefs
David J. Cooner
NJ Federal District Court Historical Society
2008, Managing Complex Litigation: Strategies & Best Practices
David J. Cooner
2007, Off-Label Use of Medical Devices
David J. Cooner
ABA Current Issues in Medical Device Litigation
2005, Medicolegal Images of Present and Future: How Advances in Medicine and Technology Intersect with Tort Law
David J. Cooner
2004, What's Hot, What's Not and What's Next: Developments and Trends in Medical Device Litigation
David J. Cooner
1999, The Intersection of Madison Avenue and the Learned Intermediary Doctrine
David J. Cooner
Publications
08/03/09, Science Sooner: Moving Daubert to an Earlier Stage of Litigation
David J. Cooner and Zane C. Riester
DRI Happenings Newsletter, Volume 1, Issue 8
02/01/2007, Punitive Damages in Pharmaceutical Product Liability Cases
David J. Cooner, Joy Eakley
New Jersey Section, ABA Section of Litigation
10/01/2006, Hal's on Call: The Robot Will Now See You -- Advances in Medical Technology Intersecting Tort Law
David J. Cooner, Janice F. Mulligan
Newsletter of the ABA Tort and Insurance Practice Section
05/01/2004, Restatement Sections Applicable to Pharmaceutical and Medical Device Cases in State Court
David J. Cooner
ABA Section of Litigation
01/01/2002, Challenging Expert Witnesses in Pharmaceutical and Medical Device Cases in State Court
David J. Cooner
New Jersey Section, ABA Section of Litigation
01/01/1997, Statutes of Limitation and Repose Applicable to Pharmaceutical and Medical Device Litigation, New Jersey Chapter
David J. Cooner
New Jersey Section, A.B.A. Sec. of Litig.