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  • David Kott argues before the New Jersey Supreme Court in relation to TCCWNA class actions Wenger v. Bob's Discount Furniture, LLC and Spade v. Select Comfort Corp.

  • David Kott argues before the New Jersey Supreme Court in Amanda Kernahan v. Home Warranty Administrator of Florida, Inc.

  •  

    David Kott argues in the New Jersey Supreme Court in Debra Dugan, et al. v. TGI Fridays, Inc. on New Jersey’s Consumer Fraud Act and Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA)
  •  

    David Kott argues in the New Jersey Supreme Court in Ernest Bozzi v. OSI Restaurant Partners, LLC on New Jersey’s Consumer Fraud Act and Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA)



  • David Kott argues in the New Jersey Supreme Court in McCarrell v. Roche on Choice of Law Principles
  • Partners for Women and Justice honored David Kott with the Partners in Hope Award, given annually to standout supporters of the organization. Partners empowers low-income and abused women to build safe and secure futures for themselves and their children by providing equal access to justice.

  • Martindale-Hubbell AV Preeminent Rated
    5.0 out of 5
  •  

    David Kott argues before the New Jersey Supreme Court on behalf of amicus curia New Jersey Business and Industry Association in Orientale v Allstate Insurance
  • David Kott is described by sources as a “top attorney in the product field.” “I never worry about him in a courtroom in front of a judge or jury,” reports one client, explaining: “His demeanor and advice are excellent.”
    Chambers USA 2019

    “A brilliant guy and a brilliant lawyer; he gets excellent results and has an incredible command of his subject area.”
    – Chambers USA, 2018

    He is “by far the best product liability and personal injury lawyer that I have ever met…able to communicate with expert witnesses in a way that I've not witnessed in many decades in the Bar.
    Chambers USA, 2018

    “[S]easoned and balanced counselor” who draws additional praise as a “superior trial lawyer.”
    Chambers USA, 2016

    “Brilliant strategist.”
     Chambers USA, 2016

    [P]rovides a scholarly knowledge of the law and street smart knowledge of the courts, jurisdiction, judges and opposing counsel.
     Chambers USA, 2015

    He is a first-rate lawyer and I would refer a client to him in a conflict without any hesitation. 
    Chambers USA, 2015

    Mr. Kott is a leading light of the New Jersey Bar.  He is an amazing lawyer and an excellent strategic thinker.
    Chambers USA, 2013 & 2014

Education

  • J.D., Rutgers School of Law - Camden, 1977
  • B.A., American University, 1973

Bar Admissions

  • New Jersey
  • New York

Court Admissions

  • U.S. Court of Appeals, Second and Third Circuits
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Southern and Eastern Districts of New York

Memberships & Affiliations

American College of Trial Lawyers, Fellow

Chair, Adjunct Fellowship Committee, American College of Trial Lawyers

Board of Trustees, American College of Trial Lawyers Foundation

Advocate, American Board of Trial Advocates

Fellow, American Bar Foundation

Product Liability Advisory Council

Federation of Insurance and Corporate Counsel

Defense Research Institute

American Bar Association

New Jersey State Bar Association

Essex County Bar Association

David R. Kott

Partner
  • T: 973.639.2056
    F: 973.624.7070
    • Four Gateway Center
      100 Mulberry St.
      Newark, NJ 07102

Mr. Kott is a trial lawyer, having tried more than 50 jury trials to verdict. He is a longtime Fellow of the American College of Trial Lawyers and was recently invited to join the Board of Trustees of the ACTL Foundation. Mr. Kott is an Advocate of the American Board of Trial Advocates. He also is a member of the Association of Defense Trial Attorneys. Mr. Kott also has extensive appellate experience, having argued seven matters in the New Jersey Supreme Court.

Mr. Kott has extensive experience in the areas of product liability and commercial litigation. Designated by the New Jersey Supreme Court as a Certified Civil Trial Attorney, Mr. Kott has tried to verdict jury trials in state and federal courts throughout New Jersey, and in New York, Massachusetts, Florida, Texas and Virginia.  He often acts as lead counsel representing large corporations in class actions, including cases alleging violations of New Jersey’s Consumer Fraud Act and Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), as well as the Employee Retirement Income Security Act (ERISA) and environmental torts.

Mr. Kott is ranked in Band 1 of Chambers USALeaders in their Field” for 2008-2019. According to sources quoted in Chambers, Mr. Kott is “a luminary of the New Jersey Bar.” Clients also attest that “he gets excellent results and has an incredible command of his subject area,” and commend his “great substantive legal knowledge and wealth of experience.”

For over 15 years, Mr. Kott has chaired the Legal Affairs Committee of the New Jersey Business and Industry Association (NJBIA), the largest business trade association in New Jersey. Mr. Kott is a past Board Chair of the New Jersey Civil Justice Institute (NJCJI), the largest New Jersey-based civil justice reform organization. On behalf of trade associations including NJBIA, NJCJI, the Healthcare Institute of New Jersey, the New Jersey Defense Association, the Pharmaceutical Research and Manufacturers of America and the Washington Legal Foundation, Mr. Kott has authored numerous amicus briefs in important appeals in New Jersey. He was appointed by New Jersey Supreme Court Chief Justice Stuart Rabner to serve on the Working Group on Business Litigation, a group of judges, attorneys and business leaders tasked with providing recommendations for streamlining civil litigation in New Jersey state courts.

Mr. Kott has also been affiliated with, and honored by, nonprofits, bar associations and trade associations. In 2018, he received the Honorable Joseph M. Nardi Jr. Distinguished Service Award from Rutgers School of Law – Camden which recognized Mr. Kott for his distinct contributions to the legal profession and achievements in the legal community since graduating law school. In 2015, Mr. Kott received the Partner in Hope Award from Partners for Women and Justice, which offers pro bono legal assistance to the victims of domestic violence. Mr. Kott was the recipient of the Trial Attorneys of New Jersey 2014 Trial Board Award, a recognition of excellence given by peers to trial attorneys who have distinguished themselves in the cause of justice. Mr. Kott also received the 2012 Leonard C. Johnson Award from NJBIA. This award is given to individuals who have shown outstanding commitment to the association and its activities. NJBIA’s then-president noted, “Without David’s leadership, it is hard to imagine how NJBIA could have successfully defeated such major issues as expansion of legal liability laws. He has provided the NJBIA with first-rate counsel.” Mr. Kott is the former Chairman of the Board of Managers of CancerCare New Jersey and, in 2007, he received its Individual Achievement Award.

Among his other accolades, Mr. Kott was named Best Lawyers’ 2020 Newark Product Liability Litigation – Defendants “Lawyer of the Year.” He has also been recognized as one of “New Jersey’s Top 100 Lawyers” by Super Lawyers for 2005-2010, 2012-2013 and 2015-2019, and listed in New Jersey Super Lawyers for 2005-2019 and The Best Lawyers in America for Product Liability Litigation – Defendants (2008-2020), and Mass Tort Litigation / Class Actions (2018-2020). Mr. Kott is one of only three New Jersey lawyers listed in Who’s Who Legal: Litigation (2016); Who’s Who in the East (2002-2008, 2010-2011, 2013); Who’s Who in America (1994-2014); Who’s Who Legal 100 (2012); The International Who’s Who of Product Liability Defence Lawyers (2013-2014); The International Who’s Who of Business Lawyers (2014); Who’s Who in American Law (1987-1988, 1993-1998, 2001-2002, 2005-2008); and Who’s Who in the World (2006-2009). Who's Who Legal is published by Law Business Research Limited. Chambers is published by Chambers and Partners. Super Lawyers is published by Thomson Reuters. Best Lawyers is published by Best Lawyers in partnership with US News and World Report. A description of their selection process can be found in the respective links above. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Representative Matters

Kernahan v. Home Warranty Administrator of Florida, Inc., 2019 WL 166309 (January 10, 2019, NJ Supreme Court)
View here.
Mirkin v. Xoom Energy et. al., 2018 U.S. Dist. Lexis 189578 (E.D.N.Y. November 2, 2018)
View here.
In Re: Accutane Litigation, 2018 WL 4761403 (N.J. Supreme Court, October 3, 2018)
Counsel to amici curiae the Health Care Institute of New Jersey, the New Jersey Business and Industry Association, the Commerce and Industry Association of New Jersey and the New Jersey State Chamber of Commerce in successfully arguing that labels on the acne drug Accutane were adequate under New Jersey law. View here.
Mirkin v. XOOM Energy et al, 2018 U.S. Dist. LEXIS 162074 (E.D.N.Y. September 21, 2018)
View here.
In Re: Accutane Litigation, 2018 WL 3636867 (New Jersey Supreme Court, August 1, 2018)
Counsel to amici curiae the Health Care Institute of New Jersey, the New Jersey Business and Industry Association, the Commerce and Industry Association of New Jersey and the New Jersey State Chamber of Commerce in successfully arguing for the adoption of the Daubert standard for the admissibility of expert testimony in all civil cases in New Jersey. View here.
Woturski v. General Elec. Co., 2018 N.J. Super. Unpub. LEXIS 1687 (Law Div. July 12, 2018)
View here.
MTK Food Services, Inc. v. Sirius America Insurance Company, et al., … NJ Super… (App. Div. 2018); 2018 WL 3186769 (June 29, 2018)
View here.
Metropolitan Group Property and Casualty Insurance Company v. Electrolux Home Products, Inc., 2018 WL 2422023 (D.N.J. May 29, 2018)
View here.
Spade v. Select Comfort Corp., 2018 WL 1790394 (NJ Supreme Court. April 16, 2018)
View here.
Silver v. Pep Boys-Manny, Moe & Jack of Delaware, Inc, 2018 WL 1535285 (D.N.J. March 29, 2018)
View here.
Dugan v. TGI Friday’s, Inc., 231 N.J. 24 (2017)
View here.
In re Accutane Litigation, 2017 WL 3138003 (App. Div. July 25, 2017)
View here.
Dzielak v. Whirlpool Corporation, 2017 WL 1034197 (D.N.J. March 17, 2017)
View here.
McCarrell v. Hoffmann-La Roche, Inc., 227 N.J. 569 (2017)
View here.
Gallagher v. Johnson & Johnson Consumer Companies, Inc., 169 F. Supp.3d 598 (D.N.J. 2016)
View here.
Lippman v. Ethicon, Inc., 222 N.J. 362 (2015)
View here.
Nagy v. Goodyear Tire & Rubber Co, 2013 WL 1314745 (D.N.J. March 28, 2013)
View here.
In re Pelvic Mesh/Gynecare Litigation, 426 N.J. Super. 167 (App. Div. 2012)
View here.
Kendall v. Hoffmann-La Roche, Inc., 209 N.J. 173 (2012)
View here.
Lieberson v. Johnson & Johnson Consumer Companies, Inc., 865 F.Supp.2d 529 (D.N.J. 2011)
View here.
Bashir v. Home Depot, 2011 WL 3625707 (D.N.J. August 16, 2011)
View here.
Simons v. Goodyear Dunlop Tires North America, Ltd., 2010 WL 5392877 (D.N.J. December 22, 2010)
View here.
In re Human Tissue Products Liability Litigation, 2010 WL 743922 (D.N.J. March 02, 2010)
View here.
Rait v. Sears Roebuck and Co., 2009 WL 3667067 (D.N.J. November 04, 2009)
View here.
Harold v. Black & Decker U.S., Inc., 295 F.App’x 530 (3rd Cir. 2008)
View here.
International Union of Operating Engineers Local No. 68 Welfare Fund v. Merck & Co., Inc., 192 N.J. 372 (2007)
View here.
IIiadis v. Wal-Mart Stores, Inc., 191 N.J. 88 (2007)
View here.
Marino v. Sears, Roebuck & Co., 2006 WL 3903970 (App. Div. December 29, 2006)
View here.
Brodsky v. Grinnell Haulers, Inc., 181 N.J. 102 (2004)
View here.
Fisher v. Sears, Roebuck & Co., 363 N.J. Super 457 (App. Div. 2003)
View here.
Sears Roebuck and Co. v. National Union Fire Ins. Co. of Pittsburgh, PA, 340 N.J. Super. 223 (App. Div. 2001)
View here.
Palcesz v. Midland Mut. Life Ins. Co., 87 F. Supp.2d 409 (D.N.J. 2000)
View here.
Spencer Sav. Bank, SLA v. Excell Mortg. Corp., 960 F. Supp.835 (D.N.J. 1997)
View here.
Gamino v. General American Life Ins. Co., 288 N.J. Super. 125 (App. Div. 1996)
View here.
Massachusetts Mut. Life Ins. Co. v. Manzo, 122 N.J. 104 (1991)
View here.
Massachusetts Mut. Life Ins. Co. v. Manzo, 234 N.J. Super. 266 (App. Div. 1989)
View here.
Massachusetts Mut. Life Ins. Co. v. Manzo, 214 N.J. Super. 385 (App. Div. 1986)
View here.
Phillips v. State, Dept. of Defense, 98 N.J. 235 (1985)
View here.
Feldman v. Lederle Laboratories, 97 N.J. 429 (1984)
View here.

Recognitions

News

08/15/19
08/15/19
06/11/19
05/08/19
05/01/19
04/24/19
03/19/19
03/18/19
02/27/19
01/11/19
12/13/18
12/10/18
12/07/18
11/14/18
10/19/18
09/12/18
09/12/18
08/22/18
08/15/18
08/03/18
08/02/18
08/01/18
07/09/18
06/29/18
06/29/18
06/04/18
05/31/18
05/30/18
04/17/18
04/16/18
03/30/18
03/23/18
02/08/18
02/02/18
01/01/18
12/15/17
12/15/17
12/08/17
12/08/17
12/07/17
11/08/17
10/24/17
10/18/17
10/06/17
10/05/17
10/04/17
09/22/17
09/19/17
08/15/17
08/15/17
08/04/17
07/26/17
07/01/17
06/09/17
06/08/17
06/05/17
06/05/17
06/01/17
05/23/17
04/24/17
04/17/17
04/05/17
04/04/17
03/28/17
03/27/17
03/27/17
03/17/17
03/14/17
02/20/17
02/17/17
02/07/17
01/20/17
01/20/17
12/18/16
11/01/16
10/21/16
10/20/16
10/14/16
10/13/16
10/13/16
10/13/16
09/30/16
08/29/16
08/15/16
07/05/16
07/01/16
05/27/16
05/27/16
05/27/16
05/27/16
05/23/16
03/18/16
03/04/16
02/25/16
12/01/15
08/20/15
08/17/15
05/28/15
05/28/15
05/21/15
05/19/15
05/14/15
05/14/15
05/07/15
04/17/15
03/13/15
03/10/15
11/13/14
11/03/14
10/09/14
08/28/14
08/18/14
06/18/14
06/13/14
05/15/14
05/16/14
04/10/14
04/07/14
03/17/14
10/08/13
09/26/13
08/15/13
08/15/13
05/24/13
03/25/13
03/14/13
12/12/12
10/15/12
10/15/12
04/05/12
03/22/12
09/06/11
06/10/11
08/11/10
03/26/10
03/22/10
07/29/09
03/13/09
09/25/08
06/13/08
09/25/07
06/14/07

Speaking

05/16/19
03/14/19
02/21/19
01/30/19
New Jersey Institute for Continuing Legal Education
10/08/18
06/04/18
05/31/18
05/17/18
04/11/18
New Jersey Institute for Continuing Legal Education - NJ Law Center, New Brunswick
11/08/17
10/20/17
04/04/17
10/13/16
10/11/16
10/10/16
New Jersey Institute for Continuing Legal Education - NJ Law Center, New Brunswick
07/11/16
New Jersey Institute for Continuing Legal Education
06/07/16
05/19/16
10/20/15
05/14/15
New Jersey State Bar Association Annual Meeting and Convention
02/24/15
New Jersey Business and Industry Association
02/10/15
05/16/14
04/15/14
10/14/13
New Jersey Institute for Continuing Legal Education - NJ Law Center, New Brunswick
04/06/13
New Jersey Institute for Continuing Legal Education - NJ Law Center, New Brunswick
03/14/13
37th Annual United States District Court Judicial Conference
10/10/11
02/01/99
04/01/97
02/01/96
01/01/96
12/01/95
New Jersey State Bar Association Institute for Continuing Legal Education
01/01/01

Publications

06/14/19
10/11/18
10/01/18
08/10/18
04/17/18
10/24/17
10/11/17
09/22/17
09/19/17
02/27/17
02/14/17
01/19/17
10/21/16
10/13/16
10/10/16
03/08/16
03/04/16
02/23/16
02/23/16
02/03/16
02/01/16
12/01/15
11/09/15
08/31/15
08/01/15
12/15/14
12/12/13
06/13/13
05/28/13
United States Law Week, BNA Insights (Vol. 41, No. 26), Bloomberg Law, Toxics Law Reporter, and Product Safety & Liability Reporter
Spring 2013
10/08/07
09/01/07
Coverage, ABA Committee on Insurance Coverage Litigation, Vol. 17, No. 7, September/October 2007 Issue
06/11/07
04/01/07
9/16/96
01/01/95
03/01/94
01/01/94
New Jersey Law Journal Books (contributing co-author on chapter 3 on duty to warn)
05/01/93
12/01/92
04/01/91