David S. Osterman

David S. Osterman

Partner

Practice Groups

David Osterman is a senior partner resident in our Princeton, New Jersey office. He is a Fellow in the American College of Trial Lawyers and he concentrates his practice in handling complex civil litigation, including commercial disputes, product liability, and class action litigation. Dave is certified as a Civil Trial Attorney by the New Jersey Supreme Court and has tried more than 45 cases to verdict in five different states (New Jersey, New York, Pennsylvania, South Carolina, and Arizona) and the District of Columbia. He has also served as lead counsel in the successful defense of several state and national class actions involving claims of consumer fraud, breach of warranty, medical monitoring and product liability.

Dave's practice involves the representation of manufacturers, retailers, and distributors of a wide variety of products including pharmaceutical and medical device products, consumer products, food products, heavy industrial machinery, airplanes, outdoor power equipment, gas grills, glass products, and flammable fabrics. He has extensive toxic tort experience, including the successful representation of manufacturers and distributors against claims of personal injury or property damage as a result of exposure to asbestos, silica, paint products, graphite carbon, diacetyl, industrial solvents and MTBE. This experience includes the largest consolidated asbestos trial in New Jersey history. He successfully defended class action litigation brought under state consumer protection statutes, including the New Jersey Consumer Fraud Act. He has also handled a variety of commercial disputes including partnership dissolution disputes, breach of non-compete agreements, and patent, trademark and copyright litigation.

Honors
  • Fellow of the American College of Trial Lawyers
  • Martindale-Hubbell Peer Review Rating: AV Preeminent
  • 40 Under 40 Award, New Jersey Law Journal, 2003
  • New Jersey Super Lawyers  (Personal Injury Defense: Products)
Professional Affiliations
  • Defense Research Institute: Products Liability Subcommittee; Trial Practice Subcommittee; Commercial Litigation Committee Class Actions Special Litigation Group Publications Chair
  • Product Liability Advisory Council
  • International Association of Defense Counsel
  • Federation of Defense and Corporate Counsel
  • American Board of Trial Advocates (ABOTA)
  • The Association of the Federal Bar of New Jersey
  • Mercer County Bar Association
  • American College of Trial Lawyers: Vice Chair, New Jersey State Committee
  • Products Liability Law 360: Former Member, Editorial Board
Admitted to Practice
  • New Jersey
  • New York
  • U.S. District Court for the District of New Jersey
  • U.S. District Court for the Eastern and Southern Districts of New York
  • U.S. Court of Appeals for the Second and Third Circuits
Civic Activities
  • Board of Trustees, McCarter Theater, Princeton
Education
  • George Washington University Law School, J.D., 1988
  • Lehigh University, B.S., 1985
Publications/Presentations
  • Contributor, New Jersey Product Liability and Consumer Fraud Class Action Blog: www.njproductliabilityblog.com
  • Featured in “New Jersey Powerhouse: Goldberg Segalla LLP,” June 24, 2014
  • Featured in “And The Defense Wins,” Defense Research Institute, May 28, 2014
  • Co-Author, "'Rough Justice' Is Not Justice," Law360, November 6, 2013
  • Author, “Reliable Evidence Required to Show Class Ascertainability,”Law360, September 16, 2013
  • Quoted in “Consumer Fraud Attorney Fees Not Recoverable Without Loss,”New Jersey Law Journal, September 13, 2013
  • Co-Author, “Implementation of Hazard Communication 2012: Are Your Clients Adequately Prepared?”Toxic Torts, Defense Research Institute, August 30, 2013
  • “Seller Beware: Dealership’s Failure to Disclose That Used Car Was a ‘Loaner’ Leads to Treble Damages and Attorney’s Fee Award,” The Defender, National Association of Dealer Counsel, April 2013
  • Quoted in “Social Media Transforms Employment Law Trials,”SHRM Online: Legal Issues, September 20, 2012
  • Quoted in “Surviving a Product Recall,”Bed Times, February 2012
  • Presenter, "Standing issues in no injury class actions," DRI Class Actions Teleconference, June, 2011
  • Presenter, "Misery Loves Company: Seeking Companionship for Liability Purposes," Defense Research Institute, Fire and Casualty Seminar, November, 2010
  • Co-Author, "Lung Disease from Microwave Popcorn Flavoring? Searching for Kernels of Truth in the Litigation 'Maize,'" For the Defense, Defense Research Institute, November, 2008
  • Co-Editor, Trial Handbook of New Jersey, 4th Edition
  • Co-Author, Chapter on "Electronic Evidence," DRI Defense Manual, 2006 Edition
  • Presenter, "Litigation Implications on Impact of Recent Amendments to Flammable Fabrics Act," Defense Research Institute, Fire & Casualty Seminar, November, 2005
  • Presenter, "Impact of Proposed Changes to Mattress Flammability Regulations," ASTM Annual Meeting, October, 2003
  • Co-Author, "In Laidlaw's Wake: Impact of Recent New Jersey Supreme Court Decisions on Employer Liability and Insurance Coverage in Civil Suits for Employees Injured by Industrial Machinery," September, 2003
  • Co-Author, "The CPSC Duty to Report: Triggered by Pre-Acquisition Due Diligence" December, 2002
  • Presenter, "Recent Developments in Flammable Fabrics Litigation," Defense Research Institute, Fire & Casualty Litigation Seminar, September, 2002
  • Presenter, "Figures Lie and Liars Figure: The Abuse and Creative Use of CPSC Accident Data," Defense Research Institute, Product Liability Conference, February, 2002
  • Presenter, "A Practical Guide to Federal Court Rules and Procedures in New Jersey," National Business Institute, 2001
  • Author, "Liability of Premises Owners for Asbestos-Related Claims of Employees of Contractors," Harris Martin Columns, October, 2001
  • Co-Author, "Liability of Property Owners for Asbestos Exposure," Harris Martin, October, 2000
  • Presenter, "Discoverability of Electronic Data," New Orleans, October, 2000
  • Presenter, "Federal Practice in New Jersey," National Business Institute, July, 2000
  • Presenter, "Trial Advocacy in New Jersey," National Business Institute, July, 1999