Edward J. Fanning, Jr. | McCarter & English, LLP

Consistently ranked by Chambers USA as one of New Jersey’s leading product liability litigators, Edward Fanning leverages decades of experience to defend manufacturers of pharmaceuticals, medical devices, consumer products, and industrial equipment against high-value claims.

Valued by clients for his deep knowledge of New Jersey and New York’s state and federal courts, Ed also appears regularly in other jurisdictions around the country. He has served as lead defense counsel in numerous class actions and mass tort litigations involving both products liability claims and litigation brought under consumer protection and consumer fraud statutes, including the New Jersey Consumer Fraud Act (NJCFA) and the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA). Ed also has an active appellate practice, which includes appeals to the United States Court of Appeals for the Third Circuit and the New Jersey Supreme Court, as well as multiple cases successfully argued before the Superior Court of New Jersey, Appellate Division.

His trial experience includes prevailing in the first jury trial in a federal multidistrict litigation involving over 400 product liability claims involving implantable artificial hip devices and a trial victory for another medical device company in the Southern District of New York in a breach of contract case with alleged damages in excess of $8.5 million. That ruling was later affirmed by the U.S. Court of Appeals for the Second Circuit.

In addition to his defense work, Ed also has a very active amicus curiae practice, regularly appearing before New Jersey’s highest court on behalf of the state’s largest trade associations to defend the interests of business and industry groups on key legal issues affecting the state.

Ed was recently elected a Fellow of the American Bar Foundation, an honorary organization of attorneys, judges, law faculty, and legal scholars whose public and private careers have demonstrated outstanding dedication to the welfare of their communities and to the highest principles of the legal profession. He is a Past President and Member of the Board of Directors of the New Jersey Defense Association, immediate-past New Jersey State Representative for the Defense Research Institute, and a Trustee of The Association of the Federal Bar of New Jersey. He is also actively involved in Lawyers for Civil Justice, the Federation of Defense and Corporate Counsel, the International Association of Defense Counsel, and Trial Attorneys of America.

Represented a regional medical center in a lawsuit brought by a surgeon over restrictions the center placed on his privileges. The District of New Jersey granted summary judgment in favor of our client and the Third Circuit affirmed the decision, finding that the physician did not show that our client’s actions violated federal antitrust law or were discriminatory.

Argued before the New Jersey Supreme Court on behalf of amici curiae the New Jersey Business and Industry Association, the New Jersey Chamber of Commerce, and the Commerce and Industry Association of New Jersey in an important case involving remedies under the New Jersey Consumer Fraud Act. The Court adopted McCarter’s position that Plaintiffs in NJ Consumer Fraud Act cases are not entitled to a refund of the payments made to the Defendant. DeSimone v. Springpoint Senior Living, Inc., 256 N.J. 172, 306 A.3d 1276 (2024)

Obtained a victory for a medical device manufacturer in the US Court of Appeals for the Second Circuit, with the appellate court affirming the lower court’s ruling in a breach of contract case. Our team also served as trial counsel in the Southern District of New York, obtaining a complete defense verdict. The plaintiff alleged that the client failed to fulfill its obligations under two agreements between the parties related to the development of a next generational medical device, and sought damages in excess of $8 million.

Obtained summary judgment for a national manufacturer of roofing products dismissing a product liability/construction defect case involving plaintiffs’ claims that the roofing materials used on a multimillion-dollar home in Kinnelon, NJ were defective and caused significant water damage and mold to the home, in addition to a myriad of other construction defect claims against other defendants. After dismissing several claims at the pleading stage, the court disposed of the remainder of claims via successful motion for summary judgment, which was upheld on appeal, and we defeated a petition for verification to the NJ Supreme Court.

Represented Zimmer in the first bellwether trial in multidistrict litigation concerning Durom Hip claims, which ended in a defense verdict and judgment for Zimmer on May 12, 2015. In Re: Zimmer Durom Hip Cup Products Liability Litigation, MDL No. 2158 – Christine Brady v. Zimmer, Inc., et al (2015).

Lead counsel for amicus curiae Healthcare Institute of New Jersey. Rowe v. Hoffman-La Roche, Inc., 189 N.J. 615 (2007)

Counsel for amici curiae New Jersey Lawsuit Reform Alliance and Healthcare Institute of New Jersey in appeal concerning impact of New Jersey’s statutory presumption of adequacy of FDA-approved warnings on statute of limitations analysis. Kendall v. Hoffmann-La Roche, Inc., 209 N.J. 173 (2012)

Drafted an amicus curiae brief Counsel for HealthCare Institute of New Jersey in multicounty litigation before the New Jersey Appellate Division addressing the New Jersey Product Liability Act’s presumption of adequacy that applies to warnings for FDA-approved medicines. In re: Accutane Litigation. Superior Court of New Jersey, Appellate Division Docket No. A-4760-14T1, 2015.

Played a lead role in the New Jersey Supreme Court In Re Accutane decisions, which were highlighted by Law360 in its “Top Cases of 2018." As counsel to amici curiae the Health Care Institute of New Jersey, New Jersey Business and Industry Association, Commerce and Industry Association of New Jersey, and New Jersey State Chamber of Commerce, successfully argued before the New Jersey Supreme Court that labels on the acne drug Accutane were adequate under New Jersey law; and that the state should adopt the Daubert factor-based approach for determining the admissibility of expert testimony. This landmark case changed New Jersey law on expert admissibility, and the Supreme Court’s decision relied upon and cited McCarter’s argument. Also briefed and successfully argued in McCarrell v. Hoffmann-La Roche that New Jersey’s two-year statute of limitations should apply in products cases involving a prescription medicine. In Re: Accutane Litigation, 235 N.J. 229 (2018); In Re: Accutane Litigation, 234 N.J. 340 (2018); McCarrell v. Hoffmann-La Roche, Inc., 227 N.J. 569 (2017)

Lead counsel for 175-bed regional hospital in defense of multiple wrongful death and personal injury claims arising out of conduct of former nurse accused of killing patients with overdoses of medications.

Counsel for amici curiae the New Jersey Business and Industry Association, the New Jersey Chamber of Commerce, and the Commerce and Industry Association of New Jersey in an appeal concerning the enforceability of an electronic arbitration agreement. Skuse v. Pfizer, Inc., New Jersey Supreme Court, Docket No. A-86 September Term 2018, 082509, (2020)

Represented a global insurance broker in a multi-million dollar lender-placed insurance class action in federal court. The United States District Court for the District of New Jersey dismissed the action on the grounds that the filed-rate doctrine barred the plaintiffs’ claims. On appeal, the United States Court of Appeals for the Third Circuit, addressing an issue of first impression in that court, affirmed the trial court’s ruling by a unanimous published decision.

National Counsel for Fortune 50 retailer in defense of several nationwide class actions alleging consumer fraud and violation of various state consumer protection statutes.

Represented major life insurance company in two-week jury trial to determine cause and manner of death of named insured.

Represented worldwide telecom company in week-long jury trial concerning contractual indemnity and defense obligations.

Represented national automobile repair company in two-week jury trial of multi-plaintiff catastrophic injury case involving wheel separation.

Counsel for regional supermarket cooperative in defense of class action lawsuit alleging fraud in connection with the collection of state sales tax revenue.

Counsel for global pharmaceutical manufacturer in defense of thousands of lawsuits alleging ingestion injuries.

Counsel for Fortune 50 retailer in defense of action by New Jersey Attorney General alleging pervasive violations of the New Jersey Consumer Fraud Act.

Obtained affirmation of New Jersey Superior Court award of summary judgment to employer based upon exclusive remedy provision of the New Jersey Workers Compensation Act. Fisher v. Sears, Roebuck and Co., 363 N.J. Super. 457 (App. Div. 2003), certif. denied 179 N.J. 310 (2004).

Obtained summary judgment to insurer on grounds of judicial estoppel. Palcsesz v. The Midland Mutual Life Insurance Co., 87 F.Supp.2d 409 (D.N.J. 2000).

Martin O'Boyle v. Borough of Longport, No. 70,999 (2013). Supreme Court of New Jersey. Counsel for amicus curiae New Jersey Defense Association.

Supreme Court of New Jersey. Counsel for amicus curiae New Jersey Business & Industry Association. Iliadis v. Wal-Mart Stores, Inc., 191 N.J. 88, 922 A.2d 710 (2007).

Counsel for amici curiae New Jersey Business & Industry Association, New Jersey Defense Association and Washington Legal Foundation in appeal regarding application of New Jersey's Comparative Negligence Act and Model Jury Charges in cases involving bankrupt joint tortfeasors. Brodsky v. Grinnell Haulers, Inc. 181 N.J. 102 (2004).

Lead counsel for amicus curiae Healthcare Institute of New Jersey. International Union of Operating Engineers Local #68 Welfare Fund v. Merck & Co., Inc., New Jersey Supreme Court, Docket No. A-59, 588.

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