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Eric A. Weiss

Senior Counsel
Co-Chair, Product Liability Practice Group; Co-Chair, Class Action Litigation Practice Group
2000 Market Street, Suite 2300
Philadelphia, PA 19103
(215) 575-2676
(215) 575-0856 - Fax
eaweiss@mdwcg.com

Eric has over 37 years of legal experience with a focus on products liability litigation.  He is co-chair of the firm's Product Liability Practice Group and for two years served as the Product Liability Section Chair of the Federation of Defense and Corporate Counsel's (FDCC) Product Liability Section.

The scope of Eric’s practice has included claims of defective design, defective manufacture, inappropriate warnings, and consumer class actions. At issue have been a range of products including automobiles, motorcycles, trucks, and ATVs; power tools; appliances; elevators and escalators; automatic door systems; pharmaceuticals; machinery; farm equipment; food products; and others. 

Eric has handled multidistrict litigation of Ephedra-based products and attempts to obtain multidistrict litigation for various medical testing products. He has also been involved in coordinating litigation in various jurisdictions with regard to Consumer Product Safety Commission targeted products.

Eric serves as national counsel for an insurer with responsibility to step in and try large exposure cases, often on the eve of trial, in jurisdictions such as Maryland, Georgia and New York.

To date, Eric has tried over 100 cases to verdict throughout Pennsylvania, New Jersey, New York, Delaware and Maryland. 

Other areas of litigation include

  • Numerous trials involving employment litigation matters such as age discrimination, sex discrimination, religious discrimination, and Title VII claims. Also retaliatory discharge cases, including a Sarbanes-Oxley retaliatory discharge case. 

  • Defense and/or prosecution of restrictive covenants in employment agreements.  

  • Class action litigation involving consumer class action lawsuits and claims of violation of the Telephone Consumer Protection Act. 

  • Represented a generic drug manufacturer in patent litigation brought by a large pharmaceutical company in the United States District Court in the Eastern District of Pennsylvania. 

  • Representation of various professionals including attorneys, engineers, pension advisors, and insurance brokers. Attorney malpractice has included claims involving improper advice on real estate closings, improper litigation techniques and advice, and alleged professional negligence in concluding settlements. Engineering claims have included configuration of chemical plant facilities, design of industrial facilities, and failure to comply with applicable chemical industry codes and ANSI standards. Pension benefit representation has included claims of improper advice with regard to the cost and benefits associated with various union negotiated contracts which provided benefits for pensions. 

  • Significant ADR experience involving all type of litigated matters, including product liability and commercial disputes. For example, represented a large life insurer in connection with funding of various retirement and pension benefits through insurance vehicles wherein it was alleged that the benefits promised and the costs associated therewith were misstated and misrepresented leading to arbitration. In another arbitration, represented a European company in connection with its claim against a domestic corporation arising out of the software development for high tech pilot training facilities with a complete recovery on behalf of the European client.

  • Multidistrict litigation ordered ADR for excess of 150 claims which was conducted in California to resolve the contribution by non-bankrupt defendants in connection with Ephedra litigation. Direct involvement in excess of 15 of the claims involved. 

Significant Representative Matters

  • Defense verdict, alleged assault and battery producing significant personal injuries in a retail store by store security for a national retail chain. 

  • Products liability action alleged debilitating injuries to an elderly plaintiff rendering her unable to care for herself. Defense verdict tried in the state court of New Jersey. 

  • Motor vehicle case of clear liability where plaintiff alleged traumatic brain injury resulting in alleged total disability. Damages claimed (wages and medical bills) in excess of $3 million. The matter tried in the state courts of Maryland with a verdict in favor of the plaintiff of less than $200,000 and constituting but a fraction of the monies offered prior to trial. (This action was tried as regional specialty counsel for a national insurer who has selected a limited number of attorneys from throughout the United States to try complex matters of significant exposure.) 

  • Product liability action against a Japanese automobile manufacturer brought by the estate of a 20-year-old decedent and tried to a defense verdict in the federal court in Newark, New Jersey. 

  • Complex American Arbitration Association breach of contract commercial dispute concerning software development required for a flight simulator. After one week of hearings, testimony and argument, award on behalf of the client. 

  • Representation of former employees of plaintiff corporation in an injunction hearing seeking to enjoin newly formed corporation based upon restrictive covenants in stock purchase and employment agreements. Plaintiff's injunctive Complaint denied. 

  • Represented American subsidiary of Japanese automobile manufacturer in the termination of a dealership. Litigation withdrawn by dealership after extensive litigation. 

Published Works

  • "Admissibility of Post-Accident Design Changes as Evidence of Product Defect," Defense Digest, Winter, 1994 

  • "Pennsylvania Superior Court Questions Admissibility of Plaintiff's Conduct in Strict Product Liability Action," Eric A. Weiss, Esquire and Rebecca Smith, Esquire, Defense Digest, Volume 3, No. 1, 1997 

  • "Enforceability of Rule 26(c) Confidentiality Orders and Agreements," Co-author, Federation of Insurance and Corporate Counsel Quarterly, Vol. 49, No. 2, Winter, 1999 

  • "The Nature And Impact Of The Restatement [Third] Of Torts: Product Liability Sec. 10: Post-Sale Duty To Warn," published in 2000 FICC Quarterly

Education

  • Temple University School of Law, Philadelphia, Pennsylvania, 1974 J.D. 

  • Temple University School of Law, Philadelphia, Pennsylvania, 1977 LL.M., Labor Law 

  • Villanova University, 1971 B.S. 

Defense Digest Article March 1, 2012
On The Pulse... For almost four decades, Marshall Dennehey Warner Coleman & Goggin has maintained an experienced and sophisticated group of trial attorneys involved in product liability litigation. The product liability landscape has evolved...
Sep 21, 2015
Obtained summary judgment on behalf of a large Japanese equipment manufacturer in a catastrophic brain injury case in a product liability action in Pennsylvania. A front-end loader was being operated on a public highway and proceeded to make a...

Education

  • Temple University School of Law (J.D., 1974; LL.M. Labor Law, 1977)
  • Villanova University (B.S., 1971)

Bar Admissions

  • Pennsylvania, 1974
  • New Jersey, 1987
  • U.S. Supreme Court, 1993
  • New York, 1995
  • U.S. Court of Appeals 3rd Circuit
  • U.S. District Court Middle District of Pennsylvania
  • U.S. District Court Western District of Pennsylvania
  • U.S. District Court Eastern District of Pennsylvania
  • U.S. District Court Southern District of New York
  • U.S. District Court Northern District of New York
  • U.S. District Court Northern District of New York
  • U.S. District Court Western District of New York
  • U.S. District Court District of New Jersey

Associations & Memberships

  • Association of Trial Lawyers of America
  • American Bar Association, Torts and Insurance Practice Section
  • American Board of Trial Advocates (Past President, Eastern Pennsylvania Section 2005)
  • Defense Research Institute
  • Federation of Defense and Corporate Counsel (Chair, Product Liability Section)
  • New Jersey State Bar Association
  • New York State Bar Association
  • Pennsylvania Bar Association
  • Pennsylvania Defense Institute
  • Philadelphia Bar Association

Honors & Awards

  • AV® Preeminent™ by Martindale-Hubbell®

    The 2017 Martindale Hubbell rated attorney list is issued by Internet Brands, Inc. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

  • Attorneys Listed by Best Lawyers in America - Personal Injury Litigation-Defendants, Product Liability Litigation-Defendants, 2007-Present

    The 2017 Best Lawyers list is issued by Woodward & White. A description of the selection methodology can be found here.No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

  • Pennsylvania Super Lawyer, 2005-2017

    The 2017 Super Lawyers list is issued by Thompson Reuters. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

  • Andrew Hecker Award: Best publication FICC Quarterly

Year Joined Organization: 1993

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