David S. Osterman

David S. Osterman


Practice Groups

David Osterman, a senior trial partner resident in our Princeton office, is a Fellow in the invitation-only American College of Trial Lawyers who concentrates his practice in handling complex civil actions and class action litigation. In his nearly 30-year career he has defended a wide range of product liability and catastrophic injury cases, including cases involving pharmaceutical products, toxic torts, and commercial disputes. Dave is certified as a Civil Trial Attorney by the New Jersey Supreme Court and has tried more than 50 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.

  • Fellow of the American College of Trial Lawyers: Chair, New Jersey State Committee, 2015-Present, Vice-Chair of the New Jersey State Committee, 2013-2015
  • AV Preeminent Peer-Review Rating (Martindale-Hubbell)
  • The Best Lawyers in America, Product Liability Litigation: Defendants, 2015-2017 
  • New Jersey Super Lawyers 2005-2016 (Thomson Reuters) 
  • 40 Under 40 Award, New Jersey Law Journal, 2003
  • View peer-review methodologies at martindale.com, bestlawyers.com, and superlawyers.com. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. 
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
  • American Board of Trial Advocates (ABOTA)
  • The Association of the Federal Bar of New Jersey
  • New Jersey State Bar Association
  • Mercer County Bar Association
  • American College of Trial Lawyers: Chair, New Jersey State Committee; Former Vice Chair, New Jersey State Committee
  • Business Counsel, Inc. 
  • Products Liability Law 360: Former Member, Editorial Board
  • Propane Gas Defense Association 
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. Courts of Appeals for the Second and Third Circuits
Civic Activities
  • Board of Trustees, McCarter Theater, Princeton, 2001-2010
  • George Washington University Law School, J.D., 1988
  • Lehigh University, B.S., 1985
  • Co-Editor, Product Liability Playbook: Insights Into Product Liability, Risk Avoidance, and Consumer Fraud Class Actions blog: http://gsriskmitigationblog.com/
  • Faculty Member, Civil Trial Advocacy Summer Institute, American College of Trial Lawyers and N.J. Institute for Continuing Legal Education, July 2016
  • Presenter, "From Single Claims to Class Actions: Coordination for Dealing With Repetitive Claims," Fighting Fire With Fire, Chicago, June 22, 2016
  • Presenter, "Legal and Insurance Coverage Implications of Nanotechnology," IRUA's Reinsurance Emerging Risks Seminar, New York, March 9, 2016
  • Co-Author, “Understanding the Attorney-Client Privilege: A Practical Overview and Associated Ethical Rules,” Preparing for and Trying the Civil Lawsuit, 2d Ed., 2016 Rev., New York State Bar Association
  • Presenter, "Litigation Techniques," Northeast Corporate Counsel, Atlantic City, NJ, April 20, 2015 
  • 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