David Affinito | Roseland Personal Injury Lawyer

Prepared the original mass tort drug case of a client who attempted suicide where the case was reviewed and reported by the Supreme Court of New Jersey as to whether Jurisdiction should lie. The Plaintiff was a resident of Michigan, which prohibits suits against pharmaceutical companies over drug hazards which are properly disclaimed with FDA warnings, while the Defendant pharmaceutical company was a resident of New Jersey, which permits such law suits. Robert Rowe v. Hoffmann- LaRoche. 189 N.J. 615 (2007). Published drug case where the Appellate Court reversed the trial Court’s decision to dismiss Plaintiff’s expert liability witness thus reinstating the complaint and allowing the case to proceed to trial. Palazzolo v. Hoffmann La Roche, Inc. 2010 WL 363834 (N.J. App. Div, Feb. 3, 2010). Published a recent case which changed the common law of New Jersey in which the landlord was previously granted immunity for unknown defects in premises leased to tenants. Property owners in New Jersey are now responsible to tenants for foreseeable harm, including death from an under-the-floor gas fired heater where a fire occurred killing the tenant even though the landlord was not given prior notice of the defect hidden in the gas heater. Theresa Meier for the Estate of Ralph Ciccone v. D’Ambose, 419 N.J. Super. 439 (App. Div. 2011). Amicus Curiae for two precedential briefs in the United States Court of Appeals for the Third Circuit and the Supreme Court of the United States on behalf of client Morality in Media, Inc., a non-profit organization whose goal is to prevent unlawful lewdness in public broadcasting. In CBS Corporaton et al v. FCC et al. No. 06-3575, the Petitioner argued that during the Superbowl XXXVIII it should not have been fined by the FCC for a “Wardrobe Malfunction” which occurred during the halftime show when a famous male signer removed a piece of clothing covering the breast of a famous female singer. That case was remanded from the United States Supreme Court. Represented and assisted same client involving in a case reversed and remanded by the United States Supreme Court to the U.S. Third Circuit Court of Appeals in Ashcroft v. American Civil Liberties Union, 535 U.S. 564 (2004), regarding the Child Online Protection Act. (COPA).