Mr. Feldman has experience in all phases of civil litigation in state and federal courts at the trial and appellate level, with an emphasis on employment and product liability matters. He has successfully represented corporations, small businesses, management-level employees, and individuals at various hearings, mediations, arbitrations, and trials.
Areas of Experience
Labor and Employment Practices
· Saved client significant costs by prompting the Court's sua sponte summary dismissal of employee's case
· Effectively managed voluminous e-discovery
· Granted summary judgment in favor of Fortune 100 employer and manager dismissing claims of wrongful discharge and discriminatory failure to accommodate an alleged disability of a former employee
· Successfully defended employers in state and federal court on complaints of discrimination and wrongful termination based on disability (ADA, Title VII, NJLAD, etc.), gender, race, age, and retaliation claims
· Achieved voluntary dismissal with prejudice of federal lawsuit alleging discriminatory failure to hire
· Significantly limited costly fact discovery with successful federal court motion to dismiss multiple claims in wrongful termination case
· Drafted and entered into confidentiality agreements and orders to protect sensitive employer information
· Secured injunctive relief enforcing non-compete agreements on behalf of employers
· Negotiated, drafted, and reviewed severance agreements on behalf of employers
· Counseled employers and management on various employment issues to avoid protracted litigation
· Defeated motions for interlocutory appellate review of trial court orders in favor of employers
· Won motion for new trial for employer, vacating $4 million verdict and limiting damages on retrial
· Successfully defended multiple employers before the EEOC and the New Jersey Department of Labor on Wage and Hour disputes
· Pre-litigation responses to demand letters
· Practical handling of pro se plaintiffs
· Assist clients with responding to non-party subpoenas and representation at depositions
Product Liability
· Successfully defended commercial and industrial equipment manufacturers and U.S. distributors in suits involving cranes, forklifts, batteries, battery chargers, etc.
· Application of the economic loss and integrated product doctrines to achieve summary judgment
· Effective motion practice to dismiss product sellers
· Specialized analysis of defenses and litigation strategy for crane manufacturers
· Attained numerous dismissals for automobile component part manufacturers in multi-party product liability litigations
· Participated in numerous product inspections and destructive and non-destructive testing
· Defense of subsidiaries/affiliates of non-U.S. manufacturers
Litigation Services
· Chaired bench trial for client in the transportation industry resulting in complete defense verdict on federal statutory claim alleging loss of goods
· Co-chaired jury trial of negligence action against national corporation to verdict of approximately $4 million
· Defended against and successfully won summary judgment in premises liability case of first impression on behalf of major international food service company in wrongful death case; affirmed on appeal and cert. denied to NJ Supreme Court
· Obtained dismissal of lawsuit seeking damages under New Jersey Consumer Fraud Act
· Achieved dismissal of federal fair housing and race discrimination claims against manager of apartment complex
· Secured six-figure payment to construction company in Enron bankruptcy
· Settled capitated fee dispute with HMO on behalf of medical group and individual doctor
· Achieved confirmation of AAA arbitration award and denial of opposing party's counterclaim, entering judgment against aircraft corporation and principal jointly and severally
· Successfully defended numerous interstate transportation disputes alleging loss of goods for major motor carrier under federal Interstate Commerce Act and Carmack Amendment
· Attained pre-litigation dismissal of international dispute under Warsaw Convention
· Representation of major firearms manufacturer in multiple litigation matters regarding public nuisance and negligence claims in New Jersey state court, which were all ultimately dismissed
· Representation of international carbon products manufacturer in defense of antitrust actions
· Successfully settled numerous collection disputes
· Defended and successfully settled numerous personal injury actions
· Representation of commercial landlords in various disputes with commercial tenants
Mediation
· Mr. Feldman is a qualified, court-approved state court mediator in New Jersey. Mr. Feldman is assigned by the Superior Court of New Jersey to mediate civil cases in the following counties: Burlington, Camden, and Gloucester.
Community Activities
· Big Brothers Big Sisters of Burlington, Camden & Gloucester Counties, Board of Directors, member, 2011-present
· Selective Service System, Local Board, Camden County, New Jersey - member, 2004-present; vice chairman, 2008-present
Clerkships
Honorable Dorothea O'C. Wefing, Appellate Division, Superior Court of New Jersey, 2000-2001
Professional Affiliations
· Camden County Bar Association, Member
· DRI, Member; Product Liability and Employment Law Committees
· DRI, Scaffolding, Crane and Aerial Devices SLG; Publication Chair
Other Distinctions
· Rutgers Law Journal, editor-in-chief
· Named a "New Jersey Rising Star" by Super Lawyers, 2006, 2007, 2011, 2012
News
05/18/2012, Super Lawyers Recognizes Many Schnader Attorneys in 2012
03/07/2012, Schnader's Harris Feldman Appointed to the Board of Directors of Big Brothers Big Sisters of Burlington, Camden & Gloucester Counties
06/27/2011, Schnader's Harris Feldman Quoted in Law360
05/27/2011, Super Lawyers Recognizes Many Schnader Attorneys in 2011
01/07/2010, Schnader Names Eight New Partners
03/05/2008, Feldman Gives Back to Community's Kids
03/02/2007, Feldman Participates in 'Read Across America' Literacy Campaign
04/07/2006, Four Schnader Attorneys Honored as New Jersey Super Lawyers, Rising Stars
09/13/2005, Schnader Featured in The Legal Intelligencer Regarding Victory in Defamation Case
Events
10/06/2011, Schnader Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
Publications
ARTICLES
04/30/2012, "Federal Court Narrows Impact of New Jersey Limitation on Economic Loss Rule and Integrated Product Doctrine for Component Part Manufacturers"
04/09/2012, "Reviewing NJ's Novel Whistleblower Exception"
03/21/2012, "Made Abroad, Sued in the U.S.: Managing Liability Risk"
10/26/2011, "Divided Supreme Court Offers Manufacturers Limited Insight"
07/01/2011, "A Summer of Change Expected for Manufacturers"
04/07/2011, "Not Made in America"
03/24/2011, "Product Manufacturers Face Uncertain Future as U.S. Supreme Court Considers New Contours for States' Exercise of Personal Jurisdiction"
03/21/2011, "Product Manufacturers Face Uncertain Future as U.S. Supreme Court Considers New Contours for States' Exercise of Personal Jurisdiction"
01/18/2011, "N.J. Supreme Court Allows Employees to Copy Confidential Company Documents in Support of Discrimination Lawsuits Against Employers"
12/01/2010, "OSHA Crane Standards Take Effect"
03/31/2010, "Are You Ready for OSHA? We Are!"
03/31/2010, "New OSHA Standards Improve Position from the Start"
03/12/2010, "A Tale of Two Job Offers"
12/01/2009, "Defending Crane Manufacturers: New OSHA Standards Improve Position from the Start"
07/13/2009, "Succeeding at Mediation: Making Lemonade Without Money for Lemons"
08/01/2008, "Hospital Worker Fired for Divulging Patient Information Can Sue for Wrongful Termination"
ALERTS
05/23/2012, Appellate Court Opens the Door to Harassment Claims by Employees Incorrectly Perceived as Belonging to a Protected Class
03/09/2012, Pennsylvania District Court Finds Supreme Court Failed to Adopt Clear Personal Jurisdiction Standard Over Foreign Defendant
07/13/2011, Cloudy Skies Ahead: A Divided Supreme Court Provides Uncertain Course for Jurisdiction Over Out-of-State Manufacturers
12/22/2008, Defending Crane Manufacturers: New OSHA Crane Standards Likely To Improve Product Liability Defenses
02/13/2008, Hospital Worker Fired for Divulging Patient Information Can Sue for Wrongful Termination
07/12/2007, Economic Presence Seen as Taxable Opportunity Through Eyes of States
10/16/2006, Out-of-State Licenser Must Pay N.J. Corporation Business Tax
NEWSLETTERS
12/01/2007, Issues and Trends in New Jersey Law
06/01/2006, Pro Bono Newsletter
08/01/2005, Issues and Trends in New Jersey Law
10/01/2004, Issues and Trends in New Jersey Law
Speaking Engagements
03/05/2012, Schnader Attorneys Present "OSHA's Cranes and Derricks Standards Update: The Litigators' Perspective"
10/06/2011, Schnader Presented: What's on the Horizon for Employers - The 2011-2012 Regulatory Storm and How to Prepare for It
04/07/2011, Schnader Attorneys Present at DRI's Product Liability Conference