Mr. Kott is a fellow of the American College of Trial Lawyers and an Associate of the American Board of Trial Advocates. He limits his practice to litigation, and has extensive jury trial experience in the area of products liability and related areas, including consumer fraud and commercial cases involving products. Mr. Kott has tried over fifty jury trials to verdict. He has also been lead counsel in a number of class actions.
Mr. Kott is certified by the New Jersey Supreme Court as a Certified Trial Attorney. He has tried to verdict numerous jury trials in the State and Federal Courts throughout New Jersey, and has also tried jury trials in New York, Massachusetts, Florida, Texas and Virginia. He has lectured on the subject of the handling and trials of products liability cases and has consulted with manufacturers and carriers on the trial of products liability cases.
He is the author or co-author of several articles and publications including, "Practical Application of BMW v. Gore and State Farm v. Campbell, Attacking Mandatory Consumer Protection Damages", "For the Defense", April 2007 (co-authored with Edward J. Fanning, Jr., Partner, McCarter & English, LLP), "New Jersey Product Liability Law," New Jersey Law Journal Books, 1994 (contributing co-author on chapter on duty to warn); "Civil Discovery Practice in New Jersey," 1996 (contributing co-author on motions for physical and mental examinations); "The Pros and Cons of Moving to Compel Examinations," New Jersey Law Journal, 1996; "Additur: Defendant's Risk, Plaintiff's Opportunity," New Jersey Law Journal, March 21, 1994; "Forgive Us Our Predecessors: Bankruptcy Sales and the Product Line Exception," 4 Product Liability Law Journal 123, May 1993; and "Discovery Procedures and the Limitation of Expert Testimony at Trial," Summation, Winter 1992.
Mr. Kott is listed in the 64th Edition (2010) of Who's Who in America, the 14th Edition (2005-2006) of Who's Who in American Law and the 34th Edition (2007) of Who's Who in the East, is recognized as one of New Jersey's Top 100 Lawyers by Super Lawyers for 2005-2012 and is listed in Best Lawyers in America for 2008-2012. He has also been recognized as a Chambers USA "Leaders in their Field" lawyer for 2008-2012.
Memberships & Affiliations
American College of Trial Lawyers, Fellow
American Board of Trial Advocates
Best Lawyers in America
Chambers USA "Leaders in their Field"
The International Who's Who of Product Liability Defense Lawyers
Product Liability Advisory Council, Sustaining Member
Federation of Insurance and Corporate Counsel
Association of Defense Trial Attorneys
Certified Civil Trial Attorney (New Jersey Supreme Court)
Defense Research Institute
New Jersey State Bar Association
American Bar Association
Fellow, American Bar Foundation
Essex County (New Jersey) Bar Association
News
04/05/12, McCarter Partners Named Top New Jersey Super Lawyers 2012
03/22/12, Chambers USA 2012 Awards "Leading Lawyer" Rankings to 51 McCarter Lawyers
09/06/11, The Best Lawyers in America Recognizes 34 McCarter Lawyers in 2012 Referral Guide
06/10/11, Chambers USA 2011 Awards "Leading Lawyer" Rankings to 42 McCarter Lawyers
08/11/10, The Best Lawyers in America Recognizes 35 McCarter Lawyers in 2011 Referral Guide
03/26/10, 33 McCarter & English Lawyers Included in 2010 Chambers USA
03/22/10, 37 McCarter Attorneys Recognized As New Jersey Super Lawyers for 2010
07/29/09, The Best Lawyers in America Recognizes 33 McCarter Lawyers in 2010 Referral Guide
03/13/09, Chambers USA 2009 Profiles 25 McCarter Lawyers
09/25/08, The Best Lawyers in America Recognizes 34 McCarter Lawyers in 2009 Referral Guide
06/13/08, Chambers USA 2008 Ranks McCarter in Top Tiers for 14 Practice Categories
09/25/07, The Best Lawyers in America Recognizes 36 McCarter Lawyers in 2008 Referral Guide
06/14/07, David Kott testified before the NJ Assembly Financial Institutions and Insurance Committee
Speaking
02/01/99, Bringing Theory to the Jury: Using the Restatement and the New Instructions in Product Liability Trials
David R. Kott
04/01/97, Litigation Management for the Risk Manager
David R. Kott
02/01/96, Preemption Defense in Medical Device Cases
David R. Kott
01/01/96, The Heeding Presumption in Product Liability Cases
David R. Kott
12/01/95, New Jersey State Bar Association Institute for Continuing Legal Education
David R. Kott
Publications
10/08/07, Wal-Mart Workers Proceed as Class: New Jersey Supreme Court Departs From Third Circuit, Finds Common Questions Predominate
Edward J. Fanning, Jr. and David R. Kott
New Jersey Law Journal, 190 N.J.L.J. 231
06/11/07, New Jersey Defendants Sued By Non-Forum Plaintiffs Can Remove Lawsuits Filed In State Court - As Long As They Have Not Yet Been Served
David R. Kott and Edward J. Fanning, Jr.
McCarter Newsletters
04/01/07, Practical Application of BMW v. Gore and State Farm v. Campbell - Attacking Mandatory Consumer Protection Damages
David R. Kott and Edward J. Fanning, Jr.
For the Defense
9/16/96, The Pros and Cons of Moving to Compel Examinations
Edward J. Fanning, Jr. and David R. Kott
New Jersey Law Journal
01/01/96, Civil Discovery Practice in New Jersey
David R. Kott
03/01/94, Additur: Defendant's Risk, Plaintiff's Opportunity
David R. Kott
New Jersey Law Journal
01/01/94, New Jersey Product Liability Law
David R. Kott
New Jersey Law Journal Books (contributing co-author on chapter on duty to warn)
05/01/93, Forgive Us Our Predecessors: Bankruptcy Sales and the Product Line Exception
David R. Kott
Product Liability Law Journal
12/01/92, Discovery Procedures and the Limitation of Expert Testimony at Trial
David R. Kott
Summation
04/01/91, Don't Overlook a Preemption Defense in Medical Device Cases
David R. Kott
MEDMARC Risk Management Newsletter