Eric Weiss has over 37 years of legal experience with a focus on products liability litigation. He is co-chair of the firm's Product Liability Practice Group and for two years served as the Product Liability Section Chair of the Federation of Defense and Corporate Counsel's (FDCC) Product Liability Section.
The scope of Eric's practice has included claims of defective design, defective manufacture, inappropriate warnings, and consumer class actions. At issue have been a range of products including automobiles, motorcycles, trucks, and ATVs; power tools; appliances; elevators and escalators; automatic door systems; pharmaceuticals; machinery; farm equipment; food products; and others.
Eric has handled multidistrict litigation of Ephedra-based products and attempts to obtain multidistrict litigation for various medical testing products. He has also been involved in coordinating litigation in various jurisdictions with regard to Consumer Product Safety Commission targeted products.
Eric serves as national counsel for an insurer with responsibility to step in and try large exposure cases, often on the eve of trial, in jurisdictions such as Maryland, Georgia, and New York.
To date, Eric has tried over 100 cases to verdict throughout Pennsylvania, New Jersey, New York, Delaware, and Maryland.
•Admissibility of Post-Accident Design Changes as Evidence of Product Defect, Defense Digest, Winter, 1994
•Pennsylvania Superior Court Questions Admissibility of Plaintiff's Conduct in Strict Product Liability Action, Eric A. Weiss, Esquire and Rebecca Smith, Esquire, Defense Digest, Volume 3, No. 1, 1997
•Enforceability of Rule 26(c) Confidentiality Orders and Agreements, Co-author, Federation of Insurance and Corporate Counsel Quarterly, Vol. 49, No. 2, Winter, 1999
•The Nature And Impact Of The Restatement [Third] Of Torts: Product Liability Sec. 10: Post-Sale Duty To Warn, published in 2000 FICC Quarterly
Other Areas of Litigation Include
•Numerous trials involving employment litigation matters such as age discrimination, sex discrimination, religious discrimination, and Title VII claims. Also retaliatory discharge cases, including a Sarbanes-Oxley retaliatory discharge case.
•Defense and/or prosecution of restrictive covenants in employment agreements.
•Class action litigation involving consumer class action lawsuits and claims of violation of the Telephone Consumer Protection Act.
•Represented a generic drug manufacturer in patent litigation brought by a large pharmaceutical company in the United States District Court in the Eastern District of Pennsylvania.
•Representation of various professionals including attorneys, engineers, pension advisors, and insurance brokers. Attorney malpractice has included claims involving improper advice on real estate closings, improper litigation techniques and advice, and alleged professional negligence in concluding settlements. Engineering claims have included configuration of chemical plant facilities, design of industrial facilities, and failure to comply with applicable chemical industry codes and ANSI standards. Pension benefit representation has included claims of improper advice with regard to the cost and benefits associated with various union negotiated contracts which provided benefits for pensions.
•Significant ADR experience involving all type of litigated matters, including product liability and commercial disputes. For example, represented a large life insurer in connection with funding of various retirement and pension benefits through insurance vehicles wherein it was alleged that the benefits promised and the costs associated therewith were misstated and misrepresented leading to arbitration. In another arbitration, represented a European company in connection with its claim against a domestic corporation arising out of the software development for high tech pilot training facilities with a complete recovery on behalf of the European client.
•Multidistrict litigation ordered ADR for excess of 150 claims which was conducted in California to resolve the contribution by non-bankrupt defendants in connection with Ephedra litigation. Direct involvement in excess of 15 of the claims involved.
Honors & Awards
• AV Preeminent by LexisNexis Martindale-Hubbell
• Best Lawyers in America - Personal Injury Litigation-Defendants, Product Liability Litigation-Defendants, 2007-Present
•Pennsylvania Super Lawyer, 2005-2014
•Andrew Hecker Award: Best publication FICC Quarterly
Year Joined Organization: 1993
On the Pulse...Product Liability Practice Group Profile
Defense Digest Article • March 1, 2012
On The Pulse...For almost four decades, Marshall Dennehey Warner Coleman & Goggin has maintained an experienced and sophisticated group of trial attorneys involved in product liability litigation. The product liability landscape has evolved...