Edward J. Fanning, Jr., is a Partner in the Firm of McCarter & English, LLP, and Chair of the Firm's Products Liability Group. Mr. Fanning has extensive experience in civil litigation, with particular emphasis on the defense of claims against manufacturers of pharmaceuticals, medical devices, consumer products, and industrial equipment. Mr. Fanning has represented numerous product manufacturers and sellers in the state and federal courts of New Jersey, New York and elsewhere, defending claims involving a wide array of products. Mr. Fanning also has experience in Federal and state courts in New Jersey and several other states defending class action litigation brought under consumer protection and consumer fraud statutes.
Mr. Fanning was graduated magna cum laude from Boston College (B.A. Economics, 1991) and cum laude from the Georgetown University Law Center (J.D. 1994). He is admitted to the Bars of the States of New Jersey and New York, the United States Court of Appeals for the Third Circuit, the United States District Court for the District of New Jersey, and the United States District Courts for the Southern and Eastern Districts of New York.
In 1995, Mr. Fanning won the Honorable Frederick B. Lacey Trial Advocacy Competition, and has since successfully tried to verdict cases in state and federal courts. He has also performed extensive appellate work, including appeals to the United States Court of Appeals for the Third Circuit and the New Jersey Supreme Court, and has argued several successful cases before the Superior Court of New Jersey, Appellate Division.
Mr. Fanning is a frequent lecturer on topics including products liability, trial advocacy, civil procedure and evidence. His speaking engagements have included presentations regarding Professionalism: Practical Lessons and Common Sense, Fair-Dealing and Civility in the Practice of Law (Essex County Bar Foundation, October 19, 2011); New Jersey Civil Justice Reform Efforts (Lawyers for Civil Justice, December 2, 2010), Ethical Issues Involving In-House Counsel and the Attorney-Client Privilege (Client presentations, April and May, 2010), Punitive Damages After State Farm v. Campbell (Trial Attorneys of America Annual Meeting, Chicago, Illinois, June 4, 2004); Employer Liability in Products Liability Actions (New Jersey State Bar Association, Products Liability Committee, March 18, 2004; Essex County Bar Association, Products Liability Committee, May 11, 2004), Developments in Products Liability Law (New Jersey Defense Association Annual Meeting, Washington, DC, June 28, 2003), Deposition and Trial Advocacy Workshops (In-house seminars, 2003 and 2004), Joint and Several Liability and Apportionment of Fault Among Negligent and Intentional Tortfeasors (New Jersey Defense Association Products Liability Seminar, Woodbridge, New Jersey, October 14, 2002), Amendments to the Federal Rules of Civil Procedure and Evidence (Trial Attorneys of America Annual Meeting, Chicago, Illinois, June 7, 2001; New Jersey Defense Association Annual Meeting, Montreal, Canada, June 22, 2001), Handling of Investigations by the Occupational Safety and Health Administration (Northern New Jersey Builders and Remodelers Association and the Community Builders Association, March 27, 2001), and Best Practices: Amendments to the New Jersey Court Rules (In-house seminar, March 15, 2001).
Mr. Fanning's publications include "Considering Coverage for Consumer Protection Damages," Coverage, ABA Committee on Insurance Coverage Litigation, September/October 2007; "Attacking Mandatory Consumer Protection Damages: Practical Application of BMW v. Gore and State Farm v. Campbell," For the Defense, April 2007; Civil Discovery Practice in New Jersey (1996) (contributing co-author on motions for physical and mental examinations) and "The Pros and Cons of Moving to Compel Examinations," New Jersey Law Journal (September 16, 1996).
Mr. Fanning is President and a Member of the Board of Directors of the New Jersey Defense Association. Mr. Fanning is also actively involved in Lawyers for Civil Justice, the Federation of Defense and Corporate Counsel, Trial Attorneys of America, the Defense Research Institute, the United States Supreme Court Historical Society, and the Georgetown Club of Northern New Jersey.
Mr. Fanning was named a 2006 Forty Under 40 recipient by NJBIZ, New Jersey's premiere business news publication. According to the publisher, the Forty Under 40 awards program "honors men and women who have been making headlines in their field and who share a commitment to business growth, professional excellence and the community... As business and community leaders, they are constantly redefining success within the business arena. These individuals share a commitment to business growth, professional excellence and to the community. They are shaping the economic future of New Jersey."
Mr. Fanning was also selected by the New Jersey Law Journal (NJLJ) for its 2006 "40 Under 40" list. According to its Editor-in-Chief, the NJLJ generally chooses "lawyers who have developed unique practice niches, demonstrated leadership potential by work in practice groups or committees and amassed a thick book of business and a solid record of trial, appellate or transactional work." The NJLJ also gives credit for pro bono work and charitable, community and other volunteer activities. In short, the NJLJ describes its 40 Under 40 recipients as "high achievers, future leaders and well worth keeping an eye on."
Mr. Fanning is recognized as a New Jersey Super Lawyer in each edition since 2005.
Memberships & Affiliations
New Jersey Defense Association, President
United States Supreme Court Historical Society, Member
Trial Attorneys of America, Member
Defense Research Institute, Member
Essex County Bar Association, Member, Products Liability Committee
Georgetown Club of Northern New Jersey, Member
International Association of Defense Counsel, Member
The Society of the Friendly Sons of Saint Patrick in the City of New York
Representative Matters
Kamie S. Kendall v. Hoffman-La Roche, Inc., et al.
Supreme Court of New Jersey, Docket No. A-73 September Term 2010 066802, Decided February 27, 2012 (Counsel for amici curiae The New Jersey Lawsuit Reform Alliance and The Healthcare Institute of New Jersey in appeal concerning impact of New Jersey's statutory presumption of adequacy of FDA-approved warnings on statute of limitations analysis).
Brodsky v. Grinnell Haulers, Inc.
Brodsky v. Grinnell Haulers, Inc. 181 N.J. 102 (2004) (counsel for amici curiae The New Jersey Business & Industry Association, The New Jersey Defense Association and The Washington Legal Foundation in appeal regarding application of New Jersey's Comparative Negligence Act and Model Jury Charges in cases involving bankrupt joint tortfeasors).
Fisher v. Sears, Roebuck and Co.
Fisher v. Sears, Roebuck and Co., 363 N.J. Super. 457 (App. Div. 2003), certif. denied 179 N.J. 310 (2004) (affirming award of summary judgment to employer based upon exclusive remedy provision of the New Jersey Workers Compensation Act).
Palcsesz v. The Midland Mutual Life Insurance Co.
Palcsesz v. The Midland Mutual Life Insurance Co., 87 F.Supp.2d 409 (D.N.J. 2000) (granting summary judgment to insurer on grounds of judicial estoppel).
Rowe v. Hoffmann-La Roche Inc. and Roche Laboratories Inc.
Rowe v. Hoffmann-La Roche Inc. and Roche Laboratories Inc., New Jersey Supreme Court, Docket No. A-59, 454 - Lead counsel for the Healthcare Institute of New Jersey as amicus curiae.
International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co.
International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co., Inc., New Jersey Supreme Court, Docket No. A-59, 588 - Lead counsel for the Healthcare Institute of New Jersey as amicus curiae.
Pharmaceutical Manufacturer
Counsel for major pharmaceutical manufacturer in defense of thousands of lawsuits alleging ingestion injuries.
Fortune 50 Retailer
National Counsel for Fortune 50 retailer in defense of several nationwide class actions alleging consumer fraud and violation of various state consumer protection statutes.
Fortune 50 Retailer
Counsel for Fortune 50 retailer in defense of action by New Jersey Attorney General alleging pervasive violations of the New Jersey Consumer Fraud Act.
Regional Supermarket
Counsel for regional supermarket cooperative in defense of class action lawsuit alleging fraud in connection with the collection of state sales tax revenue.
World's Largest Pure-Play Manufacturer of Medical Devices
Designated Trial Counsel for world's largest pure-play manufacturer of medical devices in defense of multi-district litigations and class action lawsuits seeking compensatory damages, medical monitoring and consumer fraud damages in connection with sale of implantable medical devices.
Regional Hospital
Lead counsel for 175-bed regional hospital in defense of multiple wrongful death and personal injury claims arising out of conduct of former nurse accused of killing patients with overdoses of medications.
Trial Counsel in several products liability, personal injury and property damage cases in state and federal courts in New Jersey
News
07/31/11, Ed Fanning profiled in Newark Star Ledger
06/29/2011, Edward J. Fanning, Jr. Sworn in as President of the New Jersey Defense Association
11/02/10, Edward Fanning interviewed by The Metropolitan Corporate Counsel in the article "New Jersey: Civil Justice Reforms Hasten Recovery"
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
08/07/2006, Ed Fanning Named to NJBiz "40 Under 40"
07/01/06, Partner named New Jersey Law Journal's "Forty Under 40" List
Speaking
10/19/11, Professionalism: Practical Lessons in Common Sense, Fair Dealing and Civility in the Practice of Law
Edward J. Fanning, Jr.
Essex County Bar Association
12/02/10, New Jersey Civil Justice Reform Efforts
Edward J. Fanning, Jr.
Lawyers for Civil Justice
April & May 2010, Ethical Issues Involving In-House Counsel and the Attorney-Client Privilege
Edward J. Fanning, Jr.
06/04/04, Punitive Damages After State Farm v. Campbell
Edward J. Fanning, Jr.
Trial Attorneys of America Annual Meeting, Chicago, Illinois
05/11/04, Employer Liability in Products Liability Actions
Edward J. Fanning, Jr.
Essex County Bar Association, Products Liability Committee
03/18/04, Employer Liability in Products Liability Actions
Edward J. Fanning, Jr.
New Jersey State Bar Association, Products Liability Committee
06/28/03, Developments in Products Liability Law
Edward J. Fanning, Jr.
New Jersey Defense Association Annual Meeting, Washington, D.C.
10/14/02, Joint and Several Liability and Apportionment of Fault Among Negligent and Intentional Tortfeasors
Edward J. Fanning, Jr.
Defense Association Products Liability Seminar, Woodbridge, New Jersey
06/22/01, Amendments to the Federal Rules of Civil Procedure and Evidence
Edward J. Fanning, Jr.
New Jersey Defense Association Annual Meeting, Montreal, Canada
06/07/01, Amendments to the Federal Rules of Civil Procedure and Evidence
Edward J. Fanning, Jr.
Trial Attorneys of America Annual Meeting, Chicago, Illinois
03/27/01, Handling of Investigations by the Occupational Safety and Health Administration
Edward J. Fanning, Jr.
Northern New Jersey Builders and Remodelers Association and the Community Builders Association
Publications
11/01/10, New Jersey: Civil Justice Reforms Hasten Recovery
Edward J. Fanning, Jr.
The Metropolitan Corporate Counsel
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
09/01/07, Considering Coverage For Consumer Protection Claims
Sherilyn Pastor and Edward J. Fanning, Jr.
Coverage, Vol. 17, No. 7
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
Edward J. Fanning, Jr.
Contributing co-author on Motions for Physical and Mental Examinations