Leroy E. Foster | McCarter & English, LLP

Leroy Foster focuses his practice on complex product liability, toxic tort, and catastrophic personal injury matters. He represents clients, including manufacturers of pharmaceutical products, medical devices, and industrial machinery, in all stages of litigation. Leroy also represents businesses and business trade associations in appellate matters in state and federal courts.

Prior to joining McCarter, Leroy served as a law clerk to the Honorable Greta Gooden Brown of the New Jersey Superior Court, Appellate Division.

Before transitioning to law, Leroy worked as a director for college access and youth leadership development program. He also served as an officer in the United States Army.

Representative Matters

Represented amicus curiae the Association of Criminal Defense Lawyers of New Jersey before the New Jersey Supreme Court in a case that considered whether the warrantless search of a car was consistent with the New Jersey Constitution when the car was parked on State Police property and the Defendant had already been arrested. The Supreme Court agreed with McCarter’s view that the search was unconstitutional.

Represented 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 before the New Jersey Supreme Court 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)

Represented amicus curiae the New Jersey Business and Industry Association in a matter before the New Jersey Supreme Court involving the interpretation of the Highlands Water Protection and Planning Act (Highlands Act”). The Court agreed with McCarter’s interpretation of the statute and its view that the Highlands Act is not inherently incompatible with economic growth and development.

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Representative Matters

Association of Criminal Defense Lawyers of New Jersey—New Jersey Supreme Court win

New Jersey business associations—New Jersey Supreme Court wins

New Jersey Business and Industry Association—New Jersey Supreme Court win