Fletcher W. Moore is a member of the Trial Practice Group. Mr. Moore focuses his practice in the areas of products liability, including pharmaceutical cases in both trial and appellate courts, as well as commercial and securities litigation. Mr. Moore has represented corporate and individual clients with an emphasis in class actions, securities fraud, contract disputes and products liability cases. He has also represented broker-dealers, insurance companies, healthcare providers and pharmaceutical manufacturers.
Mr. Moore has published articles nationally on drug litigation, class actions and other topics of current interest.
Mr. Moore is actively involved in pro bono matters and has represented multiple prisoners in federal civil rights actions as well as indigent tenants in Philadelphia's Landlord-Tenant Court.
Before joining Duane Morris, Mr. Moore served as assistant to RiverBay Corporation's general counsel, and was responsible for overseeing Riverbay's real estate, employment and commercial litigation.
Mr. Moore is a 2009 graduate of New York Law School and a graduate of the University of Connecticut.
Representative Matters
Commercial and Securities Litigation
ˇ Representing broker-dealer specializing in debt securities against claims of aiding and abetting, breach of fiduciary duty, unjust enrichment and fraudulent transfer, asserted ostensibly on behalf of the bankrupt estate of a customer.
ˇ Representing wealth management and investment advisor against claims of misrepresentation and civil conspiracy arising out of a third-party agreement to sell a former agent's book of business.
ˇ Representing corporate parent of nursing-home system against claims of breach of contract and unjust enrichment.
ˇ Represented private security company asserting claims of breach of contract and guaranty against its joint-venture partner, while defending against counterclaims of breach of contract, fraud and misrepresentation.
ˇ Advised broker-dealer on its rights and obligations under its corporate officer agreement with respect to corporate officer indemnification.
ˇ Represented leading life insurance company in action involving claims regarding the formation and efficacy of an employee stock ownership plan (ESOP) as part of an alleged tax-shelter program. Trelease, et al. v. Metropolitan Life Insurance Co., et al., No. MID-L-5804-07 (Middlesex Sup. Ct.).
ˇ Defending a commercial property owner in an action for breach of contract brought on behalf of the property's seller and asserting counterclaims for fraudulent inducement and negligent misrepresentation.
Products Liability
ˇ Representing class of dentists and periodontists asserting claims for breach of warranty and consumer fraud against major manufacturer of dental equipment.
ˇ Defending major pharmaceutical manufacturers in failure-to-warn personal injury litigation in state and federal courts, in both individual and consolidated proceedings.
ˇ Represented group of generic pharmaceutical manufacturers, appearing as amici curiae, in failure-to-warn personal injury litigation pending in the Superior Court of New Jersey, Appellate Division.
ˇ Defended an automotive manufacturer in asbestos litigation in state and federal MDL proceedings.
Pro Bono Work
ˇ Represented state and federal prisoners in civil rights actions (through the U.S. District Court for the Eastern District of Pennsylvania Prisoner Civil Rights Panel).
ˇ Represented indigent tenants in disputes with their landlords in connection with the Community Legal Services of Philadelphia's Landlord-Tenant Municipal Court Program.
Experience
ˇ Duane Morris LLP
- Associate, 2009-present
Selected Publications
ˇ Co-author, "Supreme Court Orders Ninth Circuit to Revisit Preemption Ruling Against Generic OTC Ibuprofen Manufacturer," Duane Morris Alert, November 2, 2011; republished by Linex Systems, November 3, 2011; republished in Product Liability Law360, November 8, 2011
ˇ Co-author, "Big Win for Drug Companies Under the New Jersey Product Liability Act," Duane Morris Alert, October 4, 2011; republished by Linex Systems, October 2011; republished in Product Liability Law360, November 15, 2011
ˇ Co-author, "Pennsylvania District Court Dismisses Class Action Against Pharmaceutical Giant Johnson & Johnson," Duane Morris Alert, July 26, 2011; republished in Product Liability Law360, September 28, 2011
ˇ Co-author, "U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers," Duane Morris Alert, June 23, 2011
ˇ Co-author, "In Smith v. Bayer Corp., Supreme Court Breathes New Life into Repetitive State Court Class Actions," Duane Morris Alert, June 23, 2011
ˇ Co-author, "In Pennsylvania Products Liability Decisions, Pharmaceutical Manufacturers May Lose a Little, but Gain a Lot," Health Lawyers Weekly by American Health Lawyers Association, August 27, 2010; Product Liability Law360 and HealthLaw360 by Portfolio Media, Inc., September 1, 2010