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Zuber Lawler & Del Duca

Strategic Legal Solutions for Visionary Clients

John C. “Jay” Maloney, Jr.

Partner
New York

Jay Maloney is a trial lawyer and a highly experienced complex commercial litigator. He focuses most often on product liability and class action litigation, particularly in relation to the health care industry. He has substantial experience working with medical, financial and valuation experts, both consulting and testifying. Mr. Maloney has won 19 of 21 trials.

Prior to joining Zuber Lawler & Del Duca, Mr. Maloney was a partner at Day Pitney LLP.  He began the practice of law at Milbank, Tweed, Hadley & McCloy LLP.

Prior to private practice, Mr. Maloney served as law clerk to the Honorable John J. Gibbons, United States Court of Appeals for the Third Circuit, 1975-1976.

Mr. Maloney also served 28 years of combined active and reserve duty in the U.S. Army Reserve, Military Intelligence Branch, and achieved the rank of Colonel. Colonel Maloney’s last assignment was command of a Strategic Military Intelligence Detachment in Miami, Florida. His military experience includes assignments to the Strategic Studies Institute at the U.S. Army War College, the Defense Intelligence Agency, and the National Ground Intelligence Center. His areas of strategic focus were Sub-Saharan Africa and Latin America, and terrorist group analysis. Colonel Maloney’s work earned him, among other awards, two Army Commendation medals for his contributions. Following his retirement from the U.S. Army Reserve, Colonel Maloney has dedicated significant time to veterans pro bono programs.

Notable Representations

  • Product Liability Litigation/ Class Actions:Counsel to major pharmaceutical company in nation-wide DES litigation for more than 25 years, including successfully opposing three motions for class certification.
  • Product Liability Litigation / Electrical Devices:Counsel to major manufacturers of power equipment and consumer electrical goods which allegedly exploded.
  • Product Liability / Toxic Torts Litigation: Counsel to Fortune 500 corporations in trials involving industrial accidents, environmental contamination, and allegedly defective products.
  • Product Liability: Counsel to major manufacturer of children’s playground equipment.
  • Product Liability/ Consumer Product Safety: Counsel to major manufacturer of collectible dolls regarding product safety.
  • Patent Litigation: Represented a Swiss-based developer of cardiology products in a high-stakes patent litigation against a major medical device manufacturer, achieving a resounding Markman hearing victory that resulted in favorable resolution of the litigation for our client.
  • Class Action: Counsel to major corporation in a pesticide liability class action.
  • Class Action: Counsel to 50 assureds of a major insurance company in a class action alleging immune system injuries caused by exposure to a toxic cloud.

Representative Publications and Presentations

  • Author, “Preparing the Designated Corporate Representative for Deposition,” TODAY’S GENERAL COUNSEL, August/September, 2016
  • Moderator, “Effectice and Ethical Preparation of a Witness for Desposition” New Jersey Institute of Continuing Legal Education, June 17,2016
  • Author, “Ten Commandments for Preparing the Deposition Witness,” Today’s General Counsel, March 2015
  • Presenter, “Lost Profit Damages in Commercial Litigation,” American Law Institute, December 17, 2014
  • Speaker, “Assessing Damages in Commercial Cases,” New Jersey Institute of Continuing Legal Education, 2014, 2012, 2010, 2008, 2006, 2004

Professional Affiliations

  • American Inns of Court Foundation Trustee for Third Judicial Circuit
  • National Institute of Trial Advocacy, Regional Programs in Trial and Deposition Skills, New York, New Jersey, Massachusetts, District of Columbia, faculty member, 2001-present
  • Arizona State Bar Association
  • American Bar Association, Litigation Section
  • New York State Bar Association, Committee on Federal Constitution and Legislation, chairperson, 1997-2005
  • New York State Bar Association, Coordinating NYSBA Response to Federal Counter-Terrorism Initiatives, chairperson, 2001-2004
  • Worrall F. Mountain American Inn of Court, Master and President, 1993-present
  • Mediator, Superior Court of the State of New Jersey, Morris County, 1993-present
  • Member, New Jersey District XB Ethics Committee, 2010-present
  • Outside Interests

    • Colonel, United States Army Reserve, Military Intelligence Corps, 1970-1998
    • North Jersey Civil War Roundtable, director, 2005-present
    • National Veterans Legal Services Program, volunteer

    Awards and Achievements

    • AV Preeminent rated by Martindale-Hubbell
    • Recognized as a New Jersey Super Lawyer in the area of business litigation, 2009-2014
    • Recognized as a Super Lawyer, Corporate Counsel
    • Recognized as a New York Super Lawyer in the area of business litigation, 2016

Education

New York University School of Law
J.D., 1975
Honors: Law Review, Business Editor

Columbia University
M.A., 1971
Honors: Herbert H. Lehman Fellow
Graduate Facilities Alumni Fellow

Fordham University
B.A., 1970, summa cum laude
Honors Program
Phi Beta Kappa
Omicron Delta Epsilon

Bar Admissions

New York
New Jersey

Court Admissions

U.S. Supreme Court
U.S. Court of Appeals - Second Circuit
U.S. Court of Appeals – Third Circuit
U.S. Court of Appeals – Ninth Circuit
U.S. District Court – District of Arizona
U.S. District Court – District of New Jersey
U.S. District Court – E. District of New York
U.S. District Court – S. District of New York
U.S. District Court – W. District of New York
U.S. District Court - E. District of Kentucky