Anita Hotchkiss Anita Hotchkiss is a trial attorney with over thirty years of experience defending companies and individuals in the state and federal trial and appellate courts. Her practice emphasizes complex pharmaceutical, medical device, and other products liability cases, mass torts, class actions, and medical and legal professional liability matters. She is one of the few attorneys in the country who has tried a medical monitoring class action and is Certified by the Supreme Court of New Jersey as a Civil Trial Attorney. Ms. Hotchkiss secured one of the first "junk science" dismissals in the country on the basis of Daubert v. Merrell Dow. She has been involved in other "cutting edge" cases involving recognition of the learned intermediary doctrine and the privilege of self-critical evaluation, as well as rejection of the theory of enterprise liability and the over-extension of consumer fraud acts to skirt the established tenets of liability. She has written several amicus briefs on behalf of the Product Liability Advisory Council in these and other cases of interest and importance to corporate defendants. Ms. Hotchkiss has an AV rating from Martindale-Hubbell and has been named repeatedly in New Jersey Monthly Magazine's list of "Super Lawyers," with special citation in 2007 as one of the top fifty women attorneys in New Jersey. She lectures frequently to attorney and corporate members of national and local legal organizations on defense issues and tactics and was an invited member of the faculty at the prestigious Trial Academy run by the International Association of Defense Counsel. Direct Dial 609.986.1350 Fax 609.986.1301 E-mail ahotchkiss@goldbergsegalla.com Download VCard Practice Areas Mass Torts Product Liability Litigation Appellate Law Class Actions Medical and Legal Professional Liability Litigation Education Rutgers University School of Law, J.D., with honors, 1975 Rutgers Graduate School of Library Service Master of Library Service, Reference, 1970 Beta Phi Mu (International Library Science Honor Society) Bates College, high honors, 1959 Phi Beta Kappa, Magna Cum Laude Admitted to Practice New Jersey - All courts New York - All courts United States District Court, District of New Jersey United States District Court, Southern District of New York United States District Court, Eastern District of New York United States Supreme Court United States Court of Appeals, Third Circuit United States District Court, Northern District of New York Professional Affiliations New Jersey Supreme Court Appointments Vice Chair, District X Ethics Committee - 2007 to present Committee on Model Civil Jury Charges, 1994-1998 District X Committee on Fee Arbitration, 1985-1989; Chair, 1988-1989 Product Liability Advisory Council Appointed Member of Amicus Case Selection Committee NJ Lawsuit Reform Alliance American Board of Trial Advocates Trial Attorneys of New Jersey Board of Trustees, 1981-2000 President, 1998-1999 Worrall F. Mountain Inn of Court Master and Counselor, 1989-1996; 2001-2004; 2007 - present American Bar Association - Litigation Section Committee on Corporate Counsel Subcommittee on Litigation Management Techniques American Bar Foundation Elected Fellow, 1994-present International Association Defense Counsel Defense Counsel Trial Academy Faculty, 1996 New Jersey Bar Association Certified Trial Attorneys Section Chair, 1989-1990 Food, Drug & Cosmetic Law Committee, Chair, 1989 New Jersey Task Force on Women and the Law, 1989 Morris County Bar Association Board of Trustees, 1984-1986; Judicial Appointments Committee, 1986-1998, (Chair, 1991-1998); Judicial Selection Committee, 2003-2005 Honors Selected by the Civil Trial Bar Section of the New Jersey State Bar Association as receipient of the 2002 McLaughlin Award Selected by Morris County Bar Association and NJ Commission on Professionalism in the Law as a recipient of a 2001 Professional Lawyer of the Year Award Named by the Medical Herald in October 1995 as one of the nation's twenty most influential women in the healthcare industry Certified by the Supreme Court of New Jersey as a Civil Trial Attorney Civic Activities Board of Trustees, The Community Theatre at the Mayo Center for the Performing Arts, Morristown Secretary and Legal Counsel Morristown/Morris Township Public Library Fund Raising Committee, 2005 Publications/Speaking "E-Discovery - Turning the Tables on Plaintiffs," Morris County Inns of Court, September, 15, 2008 "Maintaining and Enforcing Protective Orders - Not Over Until the Twelfth Of Never," Morris County Inns of Court, November 26, 2007 "Boon for Defendants: The Road from Plaintiff's Bankruptcy to Summary Judgment," Product Liability Advisory Council Fall Conference, October 2006 "Pharmaceutical Defendants - Heed This Warning," For the Defense, April 2006 "Boon for Defendants: The Road from Plaintiff's Bankruptcy to Summary Judgment," The Update, Spring 2006 "Boon for Defendants: The Road from Plaintiff's Bankruptcy to Summary Judgment," For The Defense, January 2006 "Like Water and Oil: Consumer Fraud Act Claims Should Not be Viable in Prescription Drug Product Liability Actions," New Jersey Law Journal, December 5, 2005 "Three for Three - N.J. Supreme Court Issues a Triad of Opinions That Should Please Defendants," Litigation Update, November 2005 "Litigating the Off-Label Case," National Forum on Off-Label Promotion of Pharmaceuticals, American Conference Institute, Philadelphia, Pennsylvania, September 23, 2005 "Protecting and Enforcing Protective Orders: Easier Said Than Done," Defense Counsel Journal, April 2004 "Keeping Corporate Secrets Secret: Protecting and Enforcing Protective Orders," IADC Midyear Meeting, Pebble Beach, CA, February 17, 2003 "Presentation of Evidence in the Electronic Courtroom," ABA Litigation Section Meetings, Amelia Island, Florida, June 2001 "Crisis Management and Crisis Communication," Product Liability Advisory Council 2001 Spring Conference, Nashville, TN, April 4-6, 2001 "Protective Orders Redux: It's Not Over Until the Twelfth of Never," Washington Legal Foundation Backgrounder, January 12, 2001 "Federal District Courts In New Jersey and Pennsylvania Reject Challenges to Protective Orders," Litigation Update, November 2000 "The Presentation of Evidence in the Electronic Courtroom," ICLE Product Liability: Update 2000, New Jersey Law Center, New Brunswick, NJ, December 2, 1999 "Medical Monitoring Classes Under Rule 23(b)(2) - The Ultimate Shell Game," American Law Institute/American Bar Association (ALI/ABA) Fifth Annual Advanced Course of Study for Plaintiffs' and Defendants' Bars, Ritz Carlton Hotel, Boston, MA, July 23, 1999 "New Jersey Court Denies Class Certification for Medical Monitoring in Diet Drug Litigation," Litigation Update, October 16, 1998 "Learned Intermediary Doctrine Withstands 'Advertising' and 'Non-Therapeutic' Attack in New Jersey," Litigation Update, June 15, 1998 "Chemical Sensitivity Claims Vulnerable to Daubert Scrutiny," Washington Legal Foundation Backgrounder, May 1998 "New Jersey Superior Court Rules That Learned Intermediary Doctrine Applies to Contraceptive Drug Norplant and Dismisses Plaintiffs' Complaints," Litigation Update, December 19, 1997 "Third Circuit Court of Appeals Affirms Decision Barring Testimony of Plaintiff's Expert in Formaldehyde Sensitization Case Under Daubert," Litigation Update, July 7, 1997 "Spoliation: Don't Throw Out The Trash," First Annual Tort Law Forum, New Jersey Law Center, New Brunswick, NJ, June 21, 1997 "Judicial Conference Acts on Proposed Changes to Federal Rules of Evidence and Civil Procedure," Litigation Update, October 8, 1996 "Gone, But Not Forgotten: Handling and Mishandling the Turncoat Employee," MEDMARC, The Cutting Edge - Contemporary Insights on Loss Prevention and Product Safety, October 1996 Faculty Member, Trial Academy, International Association of Defense Counsel, Boulder, Colorado, July 20-July 27, 1996 "NJ Federal Court Bars Testimony of Plaintiff's Expert in Formaldehyde Sensitization Case," Litigation Update, July 3, 1996 "Gone But Not Forgotten: Handling-And Mishandling-The Turncoat Employee," Litigation Section, Fall Meeting, American Bar Association, January 1996 "The Great Debate: The Future of Contraception," at a seminar sponsored by the Association of Reproductive Health Professionals in conjunction with the Planned Parenthood Federation of America, Sheraton Towers Hotel, NY City, November 2, 1995 "The No-Longer Nascent Privilege of Self-Critical Analysis" at "Protecting the Confidentiality of Client Documents and Information," New Jersey Institute for Continuing Legal Education, October 21 and November 1, 1995, New Jersey Law Center "Update on the Admissibility of Computerized Animations," ABA Annual Meeting, Chicago, August 8, 1995 "What to Do When the Product You Want Has Got Up and Went; Update on Spoliation of Evidence," Trial Attorneys of New Jersey Monthly, May 1995 "Gone but Not Forgotten: Handling - And Mishandling-The Turncoat Employee," Committee on Corporate Counsel, Subcommittee on Litigation Management Techniques, Litigation Section, American Bar Association, February 18, 1995 Demonstration of Cross-Examination of a Computer Expert for ABA Litigation Section Demonstrative Videotape entitled "Winning Your Case With Computers," January 1995 "The Litigation System-Effect on Pharmaceutical Research, Development and Women's Health," Princeton, New Jersey, December 7, 1994; Washington, DC., January 19, 1995; San Diego, CA., January 27, 1995 "Update on the Privilege of Self-Critical Analysis" at "Attorney/Client Privilege-Work Product Privilege/Doctrine," New Jersey Institute for Continuing Legal Education, New Jersey Law Center, October 31, 1993, and November 20, 1993 Demonstration of Cross Examination of Computer Expert at "From The War Room to the Courtroom III," ABA Annual Meeting, New York, NY, August 9, 1993 Moderator, "Hot Topics in Corporate Litigation," ABA National Institute, Chicago, Illinois, June 10-11, 1993 "Manufacturer's Post-Sale Duty-Effect of Compliance-The Defendant's Perspective," ABA Section of Litigation, Products Liability Committee Midyear Meeting, San Diego, California, February 26, 1993 Demonstration of Cross-Examination of an Economist at "Experts by Experts" sponsored by the Trial Attorneys of New Jersey, January 23, 1993 "From the War Room to the Courtroom-The New Tools of Persuasion," ABA Section of Litigation at 17th Annual Fall Meeting, Scottsdale, Arizona, November 4, 1992 "By-Products Liability, Trash or Treasure?" at "Hot Tips in Tort Law III," ICLE, November, 1992 "Women in the Courtroom, Women on Trial," Trial Attorneys of New Jersey, October 12, 1992 "The Privilege of Self-Critical Analysis" at "Attorney/Client Privilege-Work Product Privilege/Doctrine," New Jersey Institute for Continuing Legal Education, New Jersey Law Center, October 1992 "The Admissibility of Expert Scientific Testimony," Food, Drug, Cosmetic and Medical Device Law Digest, May 1992 Invited lecturer/demonstrator, Trial Skills Workshop, State of New Jersey, Department of Law & Public Safety, for Assistant Attorneys General, April 20, 1992 "Privilege Between Patient and Clinician: How to Penetrate Efforts to Use Confidential Relationships as a Shield from the True Facts" at "Defense and Evaluation of Psychological and Neuro-psychological Injury Claims" Seminar, Defense Research Institute, San Diego, California, November 7, 1991 "Computer Animations at Trial," at "Hot Tips in Tort Law," ICLE, November 1991 "Computers in the Courtroom," New Jersey State Bar Association Mid-Year Meeting in Scottsdale, Arizona, November 1990. "Products Liability Reform" at "New Jersey Update on Trial Practice After Tort Reform," November 6, 1990 "Product Liability of Orthopaedic Implants" at the First World Congress of Biomechanics, University of California, San Diego, CA., September 1990 "Limitations on Expert Testimony in Pharmaceutical and Toxic Tort Cases-Update on the Law" at "Use and Abuse of Expert Witnesses," New Jersey Institute for Continuing Legal Education, June 30, 1990 "Computers From the War Room to the Courtroom," Eastern Regional Workshop, Committee on Corporate Counsel of the Litigation Section of the American Bar Association, New York City, June 5, 1990 "The Nascent Privilege of Self-Critical Evaluation" at "Hot Tips in Tort Law" Seminar, Institute for Continuing Legal Education of the New Jersey State Bar Association, June 2, 1990 "Vaccine Act Allows Broad Remedy, Tight Window," New Jersey Law Journal, May 24, 1990 "Pharmaceutical Law in New Jersey - 1990 and Beyond," Drug and Medical Device Committee, New Jersey State Bar Association Annual Meeting, May 18, 1990 "The Use and Misuse of Privilege in Drug Product Liability Litigation," Drug and Medical Device Seminar, Defense Research Institute, New Orleans, April 1990 "Food, Drug and Cosmetic Law Update - Rulings & Reversals," New Jersey Lawyer, March/April 1990 "Proposed Eye-Test Ban Leaves Shadow of Doubt," New Jersey Law Journal, December 21, 1989 "Mastering the Craft of Opening Statements and Closing Arguments," Institute for Continuing Legal Education of the New Jersey State Bar Association, October 21, 1989 . "New Jersey Trial Practice After Tort Reform," (1) The New Jersey Products Liability Act, (2) New Jersey's Rule 11: Sanctions, Civil Trial Bar Section of the New Jersey State Bar Association, September 16, 1989. "Discovery Techniques in Pharmaceutical Litigation," Food, Drug & Cosmetic Law Committee at the New Jersey State Bar Annual Meeting, May 20, 1989. "Drug Product Liability and Medical Malpractice," New Jersey State Bar Foundation, January 1989. "Immunities and Limitations on Liability: Contractors Handling Toxic Substances, Trustees and Officers, Athletic Coaches, Officials, Sponsors, and Unpaid Volunteers," and "New Jersey's Rule 11: Sanctions," at "Tort Report: Legislative Update" Seminar, Trial Attorneys of New Jersey, December 3, 1988. Demonstration, "Cross-Examination of the Psychiatric Expert," at "The Shrinking of a Trial," Certified Trial Attorneys and Civil Trial Bar Sections, New Jersey State Bar Association, mid-winter meeting, Honolulu, Hawaii, November 1988. Demonstration and Lecture, "Examination and Cross- Examination of a Medical Expert," Morris County Bar Association, Court House, Morristown, NJ, November 1987. "How to Increase Your Litigation Costs Through the Use of National Counsel," ABA National Institute on Techniques for Effective Litigation Management, ABA Litigation Section and the Committee on Corporate Counsel of the ABA, New York City, May 1987. "Cancerphobia in Law & Practice" at "The Cancer Case," Trial Attorneys of New Jersey, March 1987. "What Corporate Counsel Does and How They Do It," Rutgers School of Law, by Committee on Corporate Counsel, ABA, November 1986. "How Medical Malpractice Affects You," Maplewood Senior Club, Maplewood, NJ, September 1986. "Back to Basics for the Experienced Civil & Criminal Trial Attorney," Trial Attorneys of New Jersey, August 1986. "Punitive Damages, Past & Prognosis," Rutgers Law School, Camden, NJ, January 1986. "Punitive Damages, Past & Prognosis," New Jersey State Bar Association Midwinter Meeting, Bermuda, November 1985. Other Commentator on Court TV and other radio and television programs. ^ BACK TO ATTORNEYS