Santo Borruso

/My focus

My practice emphasizes commercial litigation, products liability and complex tort matters. I work closely with clients to employ a goal oriented approach to litigation from pre-suit investigation, through discovery, to trial.

In the commercial arena, I’ve represented companies and professionals in matters involving contractual disputes, misappropriation of intellectual property, fraud and misrepresentation, fiduciary liability, restrictive covenants and business dissolution. I have successfully prosecuted and defended cases for clients in the banking, accounting, medical technology, television, food and beverage and entertainment industries.

I also have significant experience defending product liability litigation for motor vehicle manufacturers, the aviation industry, pharmaceutical companies and consumer goods manufacturers in high-exposure cases alleging defects in manufacturing, design and failure to warn.

In various roles including national counsel, regional counsel and trial counsel, I’ve also defended asbestos litigation throughout the country for several corporate clients in diverse industries. I help our clients defend their products against various claims of exposure, medical conditions and damages, while navigating the practical considerations of a large coordinated litigation.

/Representative experience

• Katz v. Ford Motor Company, New York Supreme Court, Suffolk County (December 2005)
  Successfully obtained a directed verdict at trial on behalf of a leading automotive manufacturer in a product liability suit alleging a defective driver’s airbag
• Sing v. Western Pest Services, New York Supreme Court, Bronx County (June 2006)
  Successfully defended a national pesticide company at trial against a claim of negligent pesticide application causing permanent personal injury
• Greene v. Universal Lighting Technologies, New York Supreme Court, Nassau County (March 2011)
  Successfully defended a worldwide lamp ballast manufacturer at trial against claims of manufacturing and design defect

/Looking ahead

I’m anticipating new tort claims against unlikely targets. In some instances, like cellphone radiation, scientific evidence has been inconclusive. Nevertheless, we’re strategizing to help clients identify and manage emerging risks.

/Insights

• “Persuading the Jury Through a Well Crafted Closing Argument,” ACI Drug & Medical Device On Trial, June 25, 2009.  (Co-author with J. Ortego).
• “Products Liability,” Hofstra Law School, April 2009. (Guest Lecturer).
• “The Direct Examination of the Defense Epidemiologist,” ACI Drug & Medical Device On Trial, June 25, 2008. (Co-author and co-presenter with J. Ortego).
• “The Threat of Mass Tort Products Claims Filed by Foreign Citizens in U.S. Courts,” ACI Drug & Medical Device Litigation, December 14, 2007.  (Co-author with J. Ortego).
• “Recent Developments in Spoliation Law,” LJN’s Product Liability Law & Strategy, December 2007. (Co-author with J. Weller and A. Halpern).
• “Putting Plaintiff to the Test: The Crashworthiness Doctrine,” LJN’s Product Liability Law & Strategy, April 2006, and May 2006. (Co-author with J. Ortego and J. Weller).
• “Early Case Evaluation in Motor Vehicle Product Liability Litigation,” BNA’s Product Safety & Liability, July 12, 2004. (Co-author with J. Ortego and S. Goldblatt).