John G. O'Brien: Lawyer with Marshall Dennehey Warner Coleman & Goggin, P.C.

John G. O'Brien

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John O'Brien is an associate with Marshall, Dennehey, Warner, Coleman & Goggin. He has been a litigator for over 30 years handling trials and appeals. He has represented corporations, insurers and individuals in products liability, insurance, professional liability, construction, workers' compensation, property damage, premises liability, motor vehicle, toxic tort, consumer fraud and commercial matters.
Phone(973) 618-4164

Peer Rating
 5.0/5.0
AV® Preeminent

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Experience & Credentials Ratings & Reviews
 

Practice Areas

  • Construction Defect
  • Architects & Engineers Litigation
  • Casualty
  • Products Liability
  • General Liability
 
University Mount St. Mary's College, B.S., cum laude, 1970
 
Law SchoolAmerican University, Washington College of Law, Washington, District of Columbia, J.D., 1973 American University Law Review, Member
 
Admitted1974, New Jersey; 1974, District of Columbia; 1974, U.S. District Court of New Jersey; 1982, New York; 1982, U.S. Supreme Court
 
Memberships 

Associations & Memberships

• New Jersey State Bar Association

 
Biography

John has been a litigator for over 30 years handling trials and appeals in the courts of New Jersey and New York. He has represented corporations, insurers and individuals in product liability, insurance, professional liability, construction, workers' compensation, property damage, premises liability, motor vehicle, toxic tort, consumer fraud and commercial matters in both federal and state courts as well as administrative agencies.

A cum laude graduate of Mount St. Mary's University in Maryland, John received his juris doctor from American University Washington College of Law, where he was a Dean's fellow and a member of the Law Review. After law school he clerked for the Honorable Frederick C. Kentz, Jr. and James H. Coleman, Jr.

Classes/Seminars Taught

Anatomy of a Defect: What It Is and The Rules That Apply - Construction Defect Litigation: From A to Z - National Business Institute Conference, September 2013

Successful Strategies from the Perspective of the Client - AP Panel Discussion, Current Issues in Asbestos-in-Buildings, Defense Research Institute, Inc. (Moderator)

The Art of Preventing and Defending Claims, RIMS Annual Conference (Moderator)

Past Employment Positions

•Honorable Frederick C. Kentz and James H. Coleman, Jr., Elizabeth, New Jersey, 1973 - 1974, Law Clerk

•Carpenter, Bennett & Morrissey

•GAF Corporation, Senior Counsel -Product Liability Litigation

•Atkins & O'Brien, LLP

Published Works

•Anatomy of a Defect: What It Is and The Rules That Apply - Course Book, Construction Defect Litigation: From A to Z - National Business Institute, 2013

•Responding To Products Liability Claims, Business Law Monographs, Matthew Bender, 1986

•How Should In-Counsel Manage the Defense, Toxic Torts Practice Guide (Second Edition), Shepard's/McGraw-Hill, 1992

Honors & Awards
• AV Preeminent by LexisNexis Martindale-Hubbell

Year Joined Organization: 2009

 
Reported CasesSignificant Representative Matters; Received a defense verdict after a two week jury trial in a professional liability/construction defect case.The claim involved allegedly defective natural rock walls designed by our client engineer. Damages were claimed in excess of $4M. We were able to establish that any problems with the walls were due to a lack of and/or improper maintenance by the plaintiff and not the design. Obtained summary judgment in a wrongful death case. The decedent was killed when a house, that our client was under contract to purchase, was destroyed in an explosion. Despite the fact that our client could not be located we were able to establish through depositions and documents that he did not have possession, custody or control of the property at the time of the explosion. The dismissal was affirmed by the Appellate Division. Received summary judgment in a ground water contamination case on behalf of our client, a construction management company that was the Redeveloper for a School Demonstration Project. The source of the contantamination was a UST on property acquired for the school and adjoining the plaintiff's. Although there is no case law on the issue and the statute is silent, we successfully argued that the immunity for governmental entities involved in redevelopment projects provided under the Brownfields Act should also apply to our client, as agent of the City and Board of Education. Obtained dismissal of the complaint for our client, a geotechnical engineer, in a case involving the collapse of a large retaining wall at a shopping center. Alleged damages were in excess of $1M. We successfully argued that New Jersey's ten-year statute of repose barred the claims against our client. Received an Order dismissing the complaint as to our client, an architectural firm, in a construction defect/professional liability case. The plaintiff was a prominent local museum. Prior to the start of discovery we were able to establish through documents in our client's file that pursuant to the discovery rule the complaint was not timely filed under New Jersey's six-year statute of limitation for property damage.Representative Cases; Hanley v. Quaker Chemical Co., Inc. , 29 A.D. 3d 860, 818 N.Y.S.2d 96 (2nd Dept. 2006); Kenne Corp. v. United States , 508 U.S. 200 ( 1993)
 
ISLN904750483
 


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Office Information

John G. O'Brien

425 Eagle Rock Avenue, Suite 302
RoselandNJ 07068




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