Timothy R Freeman

December 12, 2023 | New Jersey Law Journal

A confounding scenario for manufacturers in product liability litigation often arises when an employee is injured while using a powerful piece of equipment in a manner that is contrary to his instructions and training, as well as basic common sense. It should be easy for the equipment manufacturer to escape liability in such a scenario, but it isn't. In such cases, the employer often has immunity under the worker's compensation exclusivity bar, and the manufacturer of the machine that injured the worker is the de facto prime target of the plaintiff.

By Timothy R. Freeman

8 minute read

December 10, 2020 | New Jersey Law Journal

The appellate court examined the 'technical feasibility' requirement in the 'state of the art' defense to product liability design defect claims. It appears as though the tension between practicality and technological possibility will continue, and may ultimately require additional clarity from the New Jersey Supreme Court.

By Timothy R. Freeman

6 minute read

October 01, 2020 | New Jersey Law Journal

Careful review and compliance with Rule 4:25-8 can help to provide a measure of certainty with respect to the crucial evidentiary issues that pervade trial practice, avoid eleventh hour surprises, and foster settlement negotiations.

By Lori E. Chapin and Timothy R. Freeman

6 minute read