Introduction
Michael J. Testa is an associate in the firm’s Complex Commercial Disputes practice group. He regularly defends product manufacturers and premises owners who face toxic tort (asbestos/talc) related litigation. He also has experience litigating products liability, professional liability and other civil matters.
Before joining Nixon Peabody, Michael was an associate in the New York office of a U.S.-based litigation firm.
My focus
I focus my practice on toxic tort, products liability, hazardous substances and complex commercial litigation. I have served as both local and national counsel for various equipment and product manufacturers. In that capacity, I have experience in all stages of litigation defense, including developing defense strategy, drafting and arguing motions, conducting and defending depositions, negotiating settlements, participating in arbitrations and mediations, and preparing for and appearing at trial. I have also drafted numerous appellate briefs and argued before New York’s Appellate Division.
I also have extensive experience representing attorneys, accountants, business professionals and real estate professionals in professional liability related litigation.
Representative experience
- Acted as second chair at various New York City Asbestos Litigation (“NYCAL”) trials.
- Successfully argued a NYCAL summary judgment motion dismissing a punitive damages claim as against a product manufacturer.
- Argued appeals before New York’s Appellate Division.
- Acted as second chair at legal malpractice Federal Court trials in the Eastern District of New York.
Looking ahead
While the asbestos litigation has been around for some time, it continues to evolve. In the coming years, as scientific theories and studies continue to advance, we can expect new defense strategies to emerge. Further, as “traditional” asbestos defendants become insolvent, additional equipment and product manufacturers, as well as premises owners, will become involved in the litigation. As counsel, we not only need to adequately represent our clients, but prepare them for changes in the litigation.
Admitted to practice
Illinois
New Jersey
New York
U.S. District Court, Northern District of Illinois
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of New York
U.S. District Court, Southern District of New York
Education
Brooklyn Law School, J.D.
Columbia University, B.A.
Professional activities
- American Bar Association
- New York Bar Association
- Served as a law report author for the Commercial Division Committee
- Cycle for Survival, an organization committed to raising funds for rare cancer research
Recognition
- Recommended in The Legal 500 United States 2024 editorial in the area of Dispute resolution - Product liability, mass tort and class action: toxic tort - defense
Insights And Happenings
View AllProfessionals in the Practice Area
View AllJohn Ruskusky
Partner / Practice Group Leader, Complex Disputes- Chicago
- Office:+1 312.977.4460Mobile:+1 708.606.8720
- jtruskusky@nixonpeabody.com
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Daniel J. Hurteau
Office Managing Partner / Deputy Practice Group Leader, Complex Disputes- New York
- Office:+1 518.427.2652
- dhurteau@nixonpeabody.com
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Joseph J. Ortego
Partner / Diversity Partner / Chair, NP Trial / Leader, Aviation- New York
- Office:+1 212.940.3045
- jortego@nixonpeabody.com
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Carolyn G. Nussbaum
Senior Counsel- Rochester
- Office:+1 585.263.1558Mobile:+1 585.766.1480
- cnussbaum@nixonpeabody.com
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Christopher M. Mason
Partner / Deputy Leader, Class Actions and Aggregate Litigation / Leader, Arbitration Team- New York
- Office:+1 212.940.3017
- cmason@nixonpeabody.com
-