Professional Experience
Mr. Maloney has substantial experience in every aspect of civil trials, appeals, and alternative dispute resolution involving product liability, toxic tort, class actions, personal injury, federal securities, antitrust, landlord-tenant, business torts, and commercial disputes, as well as insurance coverage before federal and state courts, administrative agencies, and various arbitration forums.
Mr. Maloney served as law clerk to The Honorable John J. Gibbons, United States Court of Appeals for the Third Circuit, 1975-1976.
PROJECTS:
Co-producer, New York State Bar Association Committee on Courts and the Community, Trial by Jury: A Partnership for Justice (1986), and Your Turn (1996), petit juror-orientation films shown in all Supreme Courts throughout New York State
Co-producer, State of New York Unified Court System, Grand Jury Orientation Film Advisory Committee, Protect and Uphold (2002), a grand jury-orientation film shown in all Supreme Courts throughout New York State
Representative Matters
· Represents GlaxoSmithKline in DES (diethylstilbestrol) litigation in New York, New Jersey, Arkansas, Kentucky, Ohio, Washington, and Wisconsin, including successfully opposing motions for class certification
· Represents several real estate developers and businesses in restrictive covenant cases in New Jersey and New York State Courts
· Represents Westland Garden State Plaza, L.P., the owner of the Garden State Plaza Mall, in personal injury and landlord-tenant actions in New Jersey
· Represents Chelsea Properties, Inc.; Linens-N-Things; and Dress Barn, Inc., in commercial real estate disputes in New Jersey
· Represented The Hartz Mountain Corporation in a pesticide liability class action in New Jersey
· Represented 50 assureds of Liberty Mutual Co. in the Lone Star Steel Litigation in Texas, one of the largest toxic tort cases filed, involving 5,000 plaintiffs, 500 total defendants, and allegations regarding immune system injuries caused by exposure to a toxic cloud
· Represented Jacqueline Kennedy Onassis in the contempt proceedings against Ronald Galella in the United States District Court for the Southern District of New York and in the action for invasion of her rights to privacy and of publicity against Christian Dior New York, Inc.; J. Walter Thompson; Richard Avedon; and others (the "look-alike" case) in New York Supreme Court
· Represented assured of the Travelers in action alleging injurious exposure to lead paint in New York Supreme Court
· Represented Lenox Corp. in connection with consumer product safety and warranty issues
· Represented Rubbermaid, Inc. in product liability and consumer product safety issues and commercial disputes in New Jersey and New York
· Represented Brown Forman Corp. in the successful defense of multiple alcohol-consumption cases in Texas
· Represented General Electric Company and General Signal Corp. in trials involving industrial accidents in New York and New Jersey
· Represented United States Tobacco Company in distribution agreement litigation in New Jersey
· Represented Chase Bank in the New York City Municipal Securities Litigation in the early 1980's and in several lawsuits involving business torts, bankruptcy, and internal bank fraud
· Represented Avant Garde Corp., Raymark Corp., and Security Pacific National Bank in class actions alleging violations of federal and state securities laws
· Represented the New York Stock Exchange in connection with actions alleging violations of federal and state securities laws in New York and New Jersey
· Represented Rohm & Haas Co. in insurance coverage trial in Pennsylvania
· Represented several Internet companies in First Amendment litigation in New Jersey
News, Publications & Presentations
· Co-author, "How to Convince a Federal Court to Retain Jurisdiction to Enforce Settlement Agreements," Day Pitney Alert, January 18, 2012
· Co-author, "The Supreme Court Protects Foreign Manufacturers in the Stream of Global Commerce," Day Pitney Alert, July 18, 2011
· Featured, "Thirty-three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, March 31, 2011
· Co-author, "Globalization and the Stream of Commerce: New Jersey Expands Its Personal Jurisdiction Doctrine in Products Liability Cases," Day Pitney Alert, February 25, 2010
· Featured, "Fifteen Day Pitney Attorneys Named in Super Lawyers Corporate Counsel Edition," Day Pitney Press Release, February 24, 2010
· Co-author, "United States v. Textron Inc.:The First Circuit Limits the Scope of the Attorney Work Product Doctrine," Day Pitney Alert, October 26, 2009
· Featured, "Day Pitney Partner To Serve As Third Circuit Trustee On The Board of American Inns Of Court Foundation," Day Pitney Press Release, May 14, 2009
· Featured, "Thirty Three Day Pitney Attorneys Named New Jersey Super Lawyers," Day Pitney Press Release, April 1, 2009
· Co-author, "Wyeth v. Levine: Raising the Bar for Implied Federal Pre-emption," Day Pitney Alert March 31, 2009
· Co-author, "Supreme Court Grants Certiorari to Clarify Appealability of Remand Orders," Appellate Alert, October 16, 2008
· Co-author, "New Federal Rule on Privilege Waiver," Day Pitney Alert, October 7, 2008
· Speaker, "Assessing Damages in Commercial Litigation Cases," Economatrix Research Associates, Inc., September 10, 2008
· "Third Circuit Urges Trial Courts To Be More Flexible In Daubert Analysis," Day Pitney Alert, April 16, 2008
· "New Jersey Supreme Court Clarifies Standards For Punitive Damages Awards," Day Pitney Alert, April 16, 2008
· Co-author, "Tortious Interference Between Competitors in New Jersey," New Jersey Lawyer, February 2008
· Co-author, "Re-Entry and Reintegration: The Road to Public Safety," Report and Recommendation of the New York State Bar Association Special Committee on Collateral Consequences of Criminal Proceedings, January 2006
· Presentation, "Unlawful Enemy Combatants and Presidential Authority: From Quirin to Hamdan," 2006
· Presentation, "The Impact of Hamdan on the Conduct of Military Commissions and the Separation of Powers Doctrine," 2006
· Lecture, "Judicial Review and the USA Patriot Act: The FISA Court," 2004
· Co-author, "Military Commissions and the War on Terror," Report of the New York State Bar Association Coordinating Group on Response to Federal Anti-Terrorism Initiatives, June 2002
· Co-author, "Responding to the Anonymous Cyber-Griper," ACCA Docket, May 2002
· Address to House of Delegates in support of recommendation on limited use of Military Tribunals in the War on Terror, New York State Bar Association, 2002
· Lecture, "In-House Counsel and Preserving the Attorney-Client Privilege," American Bar Association, 2001
· Lecture, "Responding to the Anonymous Cyber-Griper," American Bar Association, 2001
· Co-author, "Walking a Tightrope: How to Preserve Attorney-Client Privilege," Corporate Legal Times, February 2000
· Co-author, "The Opening Statement," 194 New Jersey Lawyer 16, December 1998
· Co-author, Association of the Bar of the City of New York, Committee on Federal Legislation, "An Analysis of State Resolutions Calling for a Constitutional Convention to Propose a Balanced Budget Amendment," 40 Record 710, January 1985
· Co-author, Report and Recommendation of the Committee on Federal Constitution to the New York State Bar Association, "Article V and the Proposed Federal Constitutional Convention Procedure Bills," 3 Cardozo L. Rev. 529, January 1982
Professional Affiliations
· American Inns of Court Foundation Trustee for Third Judicial Circuit
· National Institute of Trial Advocacy, Regional Programs in Trial and Deposition Skills, New York, New Jersey, Massachusetts, District of Columbia, faculty member, 2001-present
· New York University Law Review, Alumni Association, director
· Respect for Law Alliance, Inc., director
· New Jersey Law Firm Group, former chairperson and current director
· New Jersey State Bar Association
· Morris County Bar Association
· Arizona State Bar Association
· American Bar Association, Litigation Section
· New York State Bar Association, Committee on Federal Constitution and Legislation, chairperson
· New York State Bar Association, Coordinating NYSBA Response to Federal Counter-Terrorism Initiatives, chairperson
· Worrall F. Mountain American Inn of Court, master and president
Outside Interests
Public Service:
· Colonel, United States Army Reserve, Military Intelligence Corps., 1970-1998
· Mediator, Civil Court of the City of New York, Small Claims Court, 1984-1986
· Mediator, Superior Court of the State of New Jersey, Morris County, 1993-present
Awards and Achievements
· AV rated by Martindale-Hubbell
· Recognized as a New Jersey Super Lawyer in the area of business litigation, 2009-2011
· Recognized as a Super Lawyer, Corporate Counsel edition, 2010