Eric L. Probst

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Understanding the business impact of litigation is critical when a company is contemplating filing or defending a lawsuit. Eric Probst examines the ramifications, the process, and the range of possible outcomes before counseling clients on whether to file a complaint or a responsive pleading, or to engage in pre-suit settlement discussions. With a constant eye towards his clients’ bottom line, Eric leverages his varied litigation experience, which includes handling multi-million dollar, complex commercial litigation matters; the defense of design professionals, owners, builders, general contractors, subcontractors, and suppliers in commercial, industrial, and residential construction defect, breach of contract, and consumer fraud disputes; commercial transportation companies in catastrophic personal injury cases; and manufacturing defendants in mass tort and one-off product liability personal injury and class action matters. His approach to litigation is not a “one size fits all,” but rather a client-specific approach based on the client’s pressure points. When a case is venued in New Jersey, Eric is often selected as local counsel due to his solid grasp of the nuances of New Jersey law and federal and state court procedures. He is co-chair of the firm’s Litigation Practice Group.

Relevant Experience
  • Represented cable installation company in multi-million dollar collective action asserting federal Fair Labor Standard Act violations for alleged failure to pay overtime. Strategically handled mediation and settlement discussions to significantly reduce potential company-ending jury verdict to favorable and manageable settlement.
  • Represented manufacturer of solar energy panels in $10 million federal court breach of contract action and manuevered litigation to result in consent judgment allowing continued viability of client.
  • Defend insured and self-insured construction companies, design professionals, and environmental consultants in commercial, industrial and residential construction disputes.
  • Represented engineers in class action dam failure case resulting from 1,000 year storm. Responsible for strategy and preparation of complex summary judgment motion resulting in dismissal of personal injury claims of class members worth several hundred thousands of dollars.
  • Represent national swimming pool installation company in construction defect, breach of contract and consumer fraud matters. Successfully arbitrate construction defect/breach of contract case seeking in excess of $100,000 in damages to no cause verdict.
  • Represent trucking companies in personal injury and property damage matters, including interstate motor carrier in federal court catastrophic personal injury action. Handled depositions of expert and fact witnesses and prepared summary judgment and Daubert motions to exclude plaintiffs’ liability expert, leading to favorable resolution of matter.
  • Managed team of associates and paralegals in over 180 over-the-counter pharmaceutical personal injury and class action litigations for multi-national pharmaceutical company. Coordinated and oversaw preparation of pre-trial and trial motions, mediation statements, and case summary documents. Conducted all phases of fact and expert discovery.
  • Served as liaison between multi-national pharmaceutical company client and joint defense group in over-the-counter pharmaceutical personal injury and class action litigations. Responsible for devising and coordinating joint-defense strategy and evaluating cases for trial selection.
  • Handled production of electronically stored documents in consumer fraud title insurance class action matter. Primarily responsible for interfacing with e-discovery vendor to obtain, collate and produce electronically stored data in a database. Devised search terms and searched database to identify documents responsive to class plaintiffs’ discovery requests.
  • Appellate brief writing team member for multi-national manufacturer chemical contesting a $205 million verdict arising out of the interpretation of “most favored nations” clause in a complex tolling agreement, resulting in reversal of the judgment and a new trial on damages
  • Trial team member for multi-national pharmaceutical company in bellwether personal injury case in hormone therapy litigation. Responsible for coordinating team assignments, drafting dispositive motions, preparing direct and cross-examinations and client-required case summaries covering factual and legal issues.
  • Represented national insurance company in landlord-tenant dispute involving $2 million claim for damages resulting from lease termination.
  • Represent parties in restrictive covenant employment agreement litigation involving applications for injunctive relief, expedited discovery, trial and appellate brief writing.
  • The Honorable John E. Keefe, Superior court of New Jersey, Appellate Division, Law Clerk, 1994-1995.
Opinions, Decisions and Cases
  • Reported Decision: William W. Allen v. V and A Brothers, Inc., 208 N.J. 114 (2011)
  • BASF Corp. v. Lyondell Chemical Co., 2010 N.J. Super. Unpub. LEXIS 3106 (N.J. App. Div. 2010)
Honors and Awards
  • "AV" rated by Martindale-Hubbell
  • Recognized on the New Jersey Super Lawyers "Rising Stars" List, 2009
  • Recognized on the New Jersey Super Lawyers List, Business Litigation, 2012 - 2017
  • Recognized in Best Lawyers in America, Mass Tort Litigation/Class Actions - Defendants, 2017

Honors and Awards

Organizations/Memberships
  • ABA, TIPS, Commercial Transportation, Vice Chair - New Jersey, Membership Chair
  • Defense Research Institute, Products Liability, Vice Chair. E-Discovery - Litigation Group
  • New Jersey Defense Association, Products Liability Committee, Chair
  • New Jersey Defense Association, Vice President Central Region
  • New Jersey Supreme Court District X Ethics Committee
  • New Jersey State Bar Association
  • Northeast Spa and Pool Association
  • Nativity Schools, Board of Trustees, Member
  • Board of Trustee, March of Dimes, North Jersey
  • Secretary, Berkeley Heights Youth Soccer Club, Berkeley Heights, New Jersey
Publications - Construction/Consumer Fraud/Class Action
  • "Construction Insurance: Covered Vs. Uncovered?" Construction Disputes: Effective (and Practical) Legal Negotiation Strategies; National Business Institute (NBI), pp. 1 -18, 2014.
  • A Practitioner's Guide to Class Action, Chapter on New Jersey, 2010, 2012 ABA Tort Trial & Insurance Section.
  • "Understanding "Performing Operations" Exclusions in Comprehensive General Liability Policies," Swimming Lessons: Legal Tips for Swimming Pool Industry, April 2012.
  • "Attorneys' Fees Awarded For Technical Violation Of New Jersey Consumer Fraud Act Without Proof Of Ascertainable Loss," Porzio Update, November 15, 2011.
  • "New Jersey Supreme Court: Officers and Employees of Home Improvement Contracting Business Can Be Personally Liable For Consumer Fraud Violations," Porzio Update, July 11, 2011.
  • "Is Your Product Integrated? A Word of Caution to Building Product Manufacturers," DRI's Building Blocks Newsletter, Volume 2, Issue 1, April 18, 2011.
  • "Contract Drafting Tips for Landscaping Professionals: Payment Provisions," New Jersey Landscape Contractors Member News, NJLCA, November 2010.
  • "New Jersey Construction Liens: Strict Requirements for Cost Effective Protection," NJLCA News Briefs, Vol. 5, No. 2, Summer/Fall 2010.
  • "Contract Drafting Tips for Home Improvement Contractors – Payment Provisions," Swimming Lessons: Legal Tips for the Swimming Pool Industry, Vol.1, No.3, June 2010.
  • "Contract Drafting Tips for Home Improvement Contractors – Describe the Work You Will Perform," Swimming Lessons: Legal Tips for the Swimming Pool Industry, Vol.1, No.4, July 2010.
Publications - E-Discovery
  • "The Discovery of Social Media in Personal Injury Commercial Transportation Cases," ABA - TIPS Commercial Transportation Litigation Committee Newsletter, Winter 2013.
  • "Should I Be Your Friend? The Ethical Implications of Social Media on Litigation," DRI E-Discovery Connection (Vol. 7 Issue 2, October 5, 2012).
  • "Navigating the Perils of E-Discovery: Avoid the Bumps in the Road with a Business Records Management Plan," ABA-TIPS Commercial Transportation Committee, Spring Newsletter.
  • "Overcoming Reasonable Expectation of Privacy Rights to Discover Postings on Social Networking Sites," New Jersey Defense Association, New Jersey Defense, Volume 26, Issue 3, Spring 2011.
  • "Document Preservation in a Down Economy Counseling Small to Mid-Size Businesses on E-Discovery," Strictly Speaking - DRI Product Liability Committee Newsletter, Volume 8, Issue 1, January 28, 2011.
  • Overcoming Reasonable Expectation of Privacy Rights to Discover Postings on Social Networking Sites," DRI E-Discovery Connection, Volume 5, Issue 3, December 22, 2010.
  • "New York Supreme Court Judge Orders Production of Personal-Injury Plaintiff's Facebook and MySpace Postings Over Claims of Violation of Right to Privacy," Porzio Update, October 8, 2010.
  • "Zubulake Revisited: E-Discovery Lessons from Pension Committee," DRI's In-House Defense Quarterly, Spring 2010.
  • "Beyond E-Mail: Savvy Internet Practices in the Twitter Age," DRI E-Discovery Connection, February 4, 2010.
  • "Business Records Management: Implementing an Effective E-Discovery Plan to Minimize Cost and Maximize Effort When Responding to E-Discovery Requests," DRI E-Discovery Connection, April 30, 2009.
Publications - Product Liability/Toxic Tort
  • "How to Defend Rule 30(b)(6) Product Liability Depositions Successfully," LJN’s Product Liability Law & Strategy Newsletter, Vol. 34, No. 4, October 2015.
  • "How To Select A Corporate Representative For A Rule 30(B)(6) and Rule 4:14-2 Depositions in Products Liability Actions, New Jersey Defense Association, New Jersey Defense, Volume 30 Issue 2, Winter 2014.
  • "Independent Cause of Action for Medical Monitoring Not in the "New York State of Mind"," DRI The Voice of the Defense Bar, Strictly Speaking Newsletter, May 12, 2014.
  • "Defending 30(b)(6) Depositions", DRI's For the Defense, November, 2012.
  • "Personal Jurisdiction After Nicastro and Goodyear," Strictly Speaking - DRI Product Liability Committee Newsletter, Volume 8, Issue 4, December 9, 2011.
  • "Is Your Product Integrated? A Word of Caution to Building Product Manufacturers," DRI's Building Blocks Newsletter, Volume 2, Issue 1, April 18, 2011.
  • "The New Reality of Sales Force Behavior and Management," FDLI Monograph Series, Vol. 2, Num 6, June 2011.
  • "Dean v. Barrett Homes — Is Your Product Integrated?" New Jersey Defense Association, New Jersey Defense, Volume 26, Issue 3, Spring 2011.
  • "U.S. Supreme Court Reverses N.J. Supreme Court's Exercise of Long-arm Jurisdiction Over a Foreign Manufacturer," Porzio Update, July 6, 2011.
  • "The Second British Invasion: Foreign Nationals in U.S. Courts," LJN’s Product Liability Law & Strategy Newsletter, Vol. 26, No. 2, August 2007 New Jersey Defense, Vol. 24, Issue 2, April 2008, and New Jersey Law Journal, April 23, 2007.
  • "New Jersey’s Highest Court Admits Expert Testimony: Treating Physician’s Differential Diagnosis Admissible on Proximate Cause Issue," Medical Malpractice Law & Strategy Newsletter, Vol. 23, No. 6, March 2006.
  • "Defending the Pediatric Traumatic Brain Injury Case," New Jersey Defense, A Publication of The New Jersey Defense Association, July 2005, Medical Malpractice Law & Strategy Newsletter, July 2005, and American Bar Association Products Liability, Vol. 17, Issue 1, Winter 2006.
  • "ON BOARD: Diving-Board Installers Need to Take Decisive Action to Limit Their Risk of Liability," Pool & Spa News, March 14, 2003.
  • "Recovery of Economic Loss Damages in Fear of Future Injury Class Action Product Liability Cases," New Jersey Lawyer Magazine, December 2003.
Publications - Trucking
  • "Should I Hire a Biomechanical Engineer?" DRI Trucking Law Committee Post, August 17, 2015.
  • "The Biomechanical Expert: A Valuable Defense Team Member," TIPS Commercial Transportation Litigation Committee Newsletter, Winter 2015.
  • "The Accident Reconstruction and Biomechanical Expert," DRI - For The Defense, December 2014.
  • "Catastrophic Losses Not Catastrophic Litigation: A Process To Guide Motor Carriers Through The First Critical Hours After A Wreck," ABA - TIPS Commercial Transportation Litigation Committee Newsletter, Winter 2014.
  • "Evidentiary Challenges Presented by Computer-Generated Accident Reconstructions," TortSource, Volume 15, No 2, American Bar Association, Winter 2013.
  • "Business Records Management Plans: Navigation Tools for Steering Around the EDiscovery Bumps in Litigation," ABA-TIPS Commercial Transportation Committee, Spring 2012 Newsletter.
Speaking Engagements - Construction/Consumer Fraud/Class Action
  • "Construction Defect Litigation From A to Z," NBI (National Business Institute), September 18, 2013.
  • "It's All About the Contract, Protect Yourself...Dotting 'I's and Crossing 'T's," Northeast Spa and Pool Association, Atlantic City Pool and Spa Show, January 26, 2013.
  • "How to Draft Contracts to Protect your Business," Northeast Spa & Pool Association, Atlantic City Pool and Spa Show, January 26, 2011.
  • "Staying out of Hot Water: Know the Laws that Affect Your Business," Northeast Spa & Pool Association, Atlantic City Pool and Spa Show, January 24, 2011.
  • "Caveat Contractor, How to Comply with Consumer Protection Laws,” Northeast Spa & Pool Association, Atlantic City Pool and Spa Show, January 27, 2010.
  • "How to Draft Home Improvement Contracts to Protect your Business," Northeast Spa & Pool Association, Atlantic City Pool and Spa Show, January 26, 2010.
  • "The Pennsylvania Home Improvement Act, What Every Contractor Needs to Know Now and Why," Northeast Spa & Pool Association, Pennsylvania/Jersey Pool Chapter, June 2009.
  • "Caveat Contractor, a Best Practices Guide for Avoiding Consumer Fraud Lawsuits," Northeast Spa & Pool Association, Atlantic City Pool and Spa Show, January 29, 2009.
Speaking Engagements - E-Discovery
  • "Preparing for Electronic Discovery in Litigation," National Business Institute, Newark, NJ, December 7, 2016.
  • "Knowing That The 'E' In 'E-Mail' Stands For 'Evidence:' Best Practices For Employers To Manage Electronically Stored Information," Porzio Employment Law Forum, Morristown, NJ, November 15, 2016.
  • Panelist, "It Could Be the Ballgame – Deposition and Trial Insights and Warnings for Preparing, Taking and Defending Rule 30 (b)(6) Corporate Witnesses," American Bar Association Annual Meeting, San Francisco, CA, August 4, 2016.
  • Co-Moderator, "Technology-Assisted Review and Predictive Coding: Opportunities and Challenges of Advanced Review Technologies," Defense Research Institute, Products Liability, E-Discovery Specialized Litigation Group, April 2014.
  • "Discovering, Exposing and Capitalizing on Your Opponent's Preservation and Production Processes: Maximizing Rule 26 Conferences and Conducting a Mock Hearing Addressing Multiple Common E-Discovery Disputes," The E-Discovery Specialized Litigation Group of the DRI Product Liability Committee, April 2011.
  • "Turning Laptops Against Plaintiffs—Using Their E-Communications And Internet Postings Against Them," Defense Research Institute, Medical Device and Drug, Chicago, Illinois, May 11, 2006.
  • "The Affirmative Use of E-Discovery," New Jersey Defense Association’s/Association of Corporate Counsel New Jersey Chapter’s E-Discovery, Document Retention, Alternative Dispute Resolution Seminar, November 22, 2005.
  • "The Discoverability of Internet Chat Room Discussions," New Jersey Defense Association’s Products Liability Subcommittee Dinner Meeting, February 7, 2005.
Speaking Engagements - Product Liability/Toxic Tort
  • Co-Presenter, "Using Industry Standards and Product Reporting as Critical Defenses in Product Liability Actions," DRI Products Liability Conference, Las Vegas, NV, February 10, 2017.
  • "Something for Everyone: A Look at Hot Products Topics in the Early 21st Century," New Jersey Defense Association's Products Liability Seminar, September 22, 2016.
  • "The Bridge Expert - How a Biomechanic Can Tie Together Your Defense," New Jersey Defense Association Products Liability Committee Seminar, September 12, 2014.
  • "Defense Strategies for Handling Multi-Party, Multi-County and Multi-Claim Litigation," New Jersey Defense Association Products Liability Committee Seminar, September 12, 2014.
  • "Discovering, Exposing and Capitalizing on Your Opponent's Preservation and Production Processes: Maximizing Rule 26 Conferences and Conducting a Mock Hearing Addressing Multiple Common E-Discovery Disputes," the E-Discovery Specialized Litigation Group of the DRI Product Liability Committee, April 2011.
  • "Strategies for Defending Consumer Fraud Act Claims," New Jersey Defense Association and New Jersey Corporate Counsel Association’s Joint Seminar, Product Liability Defense Strategies, Woodbridge, New Jersey, March 12, 2010.
  • "Structuring Your Global Litigation, Including Forum Non-Conveniens Defense,” New Jersey Defense Association and New Jersey Corporate Counsel Association’s Joint Seminar: “Protecting the Corporation," Norris, McLaughlin and Marcus, PA, Bridgewater, New Jersey, October 12, 2007.
  • "Is that Settlement Final? Guarding Against and Being Prepared for Public and Private Third-Party Payor Claims," New Jersey Defense Association 40th Annual Convention, June 23, 2006.
Speaking Engagements - Trucking
  • "Personal Injury Trucking Accident Cases: Advanced Investigation and Discovery Practices in the 21st Century," American Conference Institute's 6th Annual Trucking Litigation Summit, Chicago, IL, March 30, 2016.
  • "Corporate Counsel Roundtable," Moderator, Transportation Megaconference XII, New Orleans, LA, March 11, 2015.
  • "Rapid Response Teams and On-Site Investigations: The Front Line of Defense," American Conference Institute's 4th National Forum on Defending and Managing Trucking Litigation, April 2014.
  • "Claims and Insurance Issues," Moderator, ABA TIPS Transportation Megaconference XI Program in New Orleans, March 9, 2013.

Practice

Industries

Related Media

Bar Admissions

  • New Jersey, 1994
  • New York, 1995
  • United States District Court, District of New Jersey, 1994
  • United States Court of Appeals, Third Circuit, 1996

Education

Seton Hall University School of Law, Newark, New Jersey, J.D., cum laude, 1994

  • Moot Court Board, Member
  • Juvenile Justice Clinic, Director

College of the Holy Cross, Worcester, Massachusetts, B.A., 1991

  • Honors History Program
  • Senior Thesis: “The Development of and Reaction to the Union Program to Enlist Negroes into Union Armies,” April 1991
  • Dean’s List, 1990–1991
  • Big Brother/Little Brother Program

Contact Address

100 Southgate Parkway

Morristown, NJ 07962-1997

Phone: 973.538.4006

Fax: 973.538.5146

  • Probst, Eric
  • Probst, Eric