Michael C. Zogby is a partner in the firm's Products Liability and Mass Tort Practice Group. He has an extensive litigation practice encompassing products liability, medical device, class action, commercial, intellectual property, mass tort, and multidistrict proceedings.
Products Liability, Mass Tort, and Multidistrict Litigation. Mike's experience includes the defense of major pharmaceutical and medical device companies in products liability, negligence, failure to warn, strict liability design and manufacturing defect, and wrongful death actions that involve prescription medications and orthopaedic implants before state and federal courts and in mass tort, class action, and multidistrict proceedings.
Complex Commercial Litigation. Mike has a broad range of trial and appellate experience, including the representation of pharmaceutical companies in patent infringement, Robinson-Patman Act, false marking, intellectual property, and antitrust actions in federal courts and multidistrict proceedings.
His experience also includes defending large law and accounting firms in professional liability actions, defending hospitals and health care organizations in tortious interference, unfair competition, civil conspiracy, and ERISA litigation and before administrative agencies, and representing a variety of other corporate clients in commercial, employment, insurance coverage and real estate litigation matters.
In General. Mike was elected a trustee of the Trial Attorneys of New Jersey, a non-profit organization whose mission is to preserve and improve the Civil and Criminal Justice System in New Jersey, providing its plaintiff and defense attorneys with a wide range of services, including legal education, leadership and advocacy on issues that affect the quality of life of lawyers, judges and litigants at the trial bar.
He is a member of the New Jersey Supreme Court's District V Ethics Committee for Essex County. The ethics committee investigates and prosecutes ethics complaints against attorneys licensed to practice law in New Jersey. Mike is also past vice chair of the Equity Jurisprudence Committee of the New Jersey State Bar Association and was appointed to the Bar Association's Special Committee on Class Actions.
He is a Master in the William J. Brennan, Jr.-Arthur Vanderbilt Inn of Court, and he completed the National Trial Advocacy College at the University of Virginia School of Law. He is a member of the Association of the Federal Bar of New Jersey, the Third Circuit Bar Association and the Defense Research Institute. Mike actively volunteers his time to alumni societies, state and federal bar associations, class action and litigation committees, and civic, religious and charitable organizations.
Mike joined the firm after serving as law clerk to the now retired Hon. James D. Clyne, Presiding Judge, Superior Court of New Jersey, Chancery Division, General Equity Part, in Ocean County, during which time he focused on commercial real estate, construction, land use disputes, injunctions, covenants not to compete and will contests.
During law school, Mike was editor-in-chief of the William and Mary Environmental Law and Policy Review, and he received the Rachel Carson Graduation Award for Excellence in Environmental Law, Dean's Award for Commendable Service to the Law School, and Legal Skills Scholar Graduation Award. Mike has written and published articles on a variety of legal and economic issues.
Mike and his family reside in Maplewood, New Jersey.
· Representation of medical device manufacturers and orthopaedic distributors and representatives in defense of medical device products liability, failure to warn, and design and manufacturing defect mass torts and individual lawsuits.
· Representation of pharmaceutical manufacturers in defense of anti-infectives, contraceptives, and other pharmaceutical products liability mass torts and individual lawsuits.
· Representation of pharmaceutical manufacturers in intellectual property, patent, trademark, tortious interference, breach of contract, Robinson-Patman Act, and false marking actions in the District of New Jersey.
· Local counsel representation of pharmaceutical manufacturers in patent infringement and antitrust MDLs in the District of New Jersey.
· Successfully obtained summary judgment on behalf of pharmaceutical manufacturers in products liability and personal injury lawsuits.
· Successfully obtained summary judgment on behalf of hospital system and surgical practice in defense of unfair business practice, tortious interference with prospective economic advantage, and civil conspiracy lawsuit by cardiothoracic surgeon relating to privileges and restriction of operating room access.
· Successfully obtained summary judgment on behalf of hospital system and hospitals in defense of ERISA challenges in federal court.
· Successfully obtained summary judgment on behalf of law firm in defense of legal malpractice action relating to fraudulent conveyance litigation and vicarious liability.
· Representation of Big Four accounting firm in defense of auditor liability and deepening insolvency litigation.
Products Liability and Medical Device Alert
The FDA Proposes New Rule on Unique Medical Device Identification and Marking Requirements
New Jersey Law Journal
Caveat Venditor: Using a Competitor Brand to Drive Traffic to Your Site
William J. Brennan, Jr. - Arthur Vanderbilt Inn of Court
New Jersey State Bar Association Summer Associate and Law Clerk Program