Michael J. Testa

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.