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Albert L. Piccerilli
Philadelphia Office

1735 Market Street
21st Floor
Philadelphia, PA 19103-7505

P: 215-772-7590
F: 215-772-7620

Cherry Hill Office

LibertyView
457 Haddonfield Road
Suite 600
Cherry Hill, NJ 08002

P: 856-488-7700
F: 856-488-7720

Biography

Albert L. Piccerilli is a member of the Litigation Department at Montgomery McCracken. He has represented large domestic and multi-national corporations and insurance companies, as well as individuals, institutions and closely-held businesses, in a variety of matters through alternative dispute resolution, trials and appeals. His experience includes products liability and toxic tort litigation and preventive counseling, commercial and business litigation, insurance counseling and coverage litigation, bad faith, casualty, professional liability and employment litigation, and higher education matters. He has represented foreign corporations in the United States and he is experienced in the workings of The Hague Service and Evidence Conventions and foreign laws impacting litigation in the United States.

Al’s products liability and toxic tort practice runs the gamut. He has litigated contamination, design and manufacturing defect cases and failure-to-warn cases in personal injury matters and in commercial contexts. He has represented manufacturers, distributors and patent licensors. He has represented clients as national, regional and local counsel and in mass torts, multi-district litigation and class actions, as well as in individual cases. He has litigated issues pertaining to the admissibility of expert testimony under Daubert and Frye standards. He has counseled clients on liability prevention, product recalls and E-discovery. In personal injury matters, he has defended cases involving allergic and idiosyncratic reactions, burns, brain, cardio-pulmonary, dermatological, gastro-intestinal, hematological, metabolic, neurological, obstetric-gynecological, ophthalmic, orthopedic, psychiatric and systemic injuries, cancers and conditions, and HIV, hepatitis, salmonella and other infections.

Al’s products liability practice has concentrated heavily in the defense of prescription pharmaceuticals and medical devices, including anesthetic agents, anti-infectives, blood products, catheters, diagnostics, DES, diet drugs, metoclopramide, optical solutions, psychotropic drugs, vaccines, various other drugs used in treatment of specific medical conditions, hospital and intravenous solutions and equipment, intrauterine devices, latex gloves, and cardiac pacing devices. In addition, he has defended clients in cases involving workplace, environmental and residential exposures to asbestos, silica, formaldehyde, lead, paint, various chemicals and solvents, products in transportation and toxins at dumpsites. He has defended clients in cases involving various types of industrial equipment, such as punch presses and extrusion machines, and consumer products, such as cosmetics, children’s products, dietary supplements and nutritional products, and over-the-counter medications. In the commercial products context, he has litigated business disputes involving industrial equipment and construction materials.

In other areas of his practice, Al has litigated temporary restraining orders and injunctions, business torts, contract disputes, covenants not to compete, shareholder fiduciary obligations, professional liability, personal injury and property damage claims, and higher education matters. He has represented clients in a variety of insurance-related disputes involving bad faith and coverage under accident, occurrence and claims-made policies for advertising injury, products-related injury, environmental contamination, casualty and professional liability. In employment litigation, he has handled matters involving race, gender, age and disability discrimination.

Al has been admitted to litigate cases pro hac vice in California, Connecticut, Delaware, Illinois, Maryland,  Massachusetts, New York, Ohio and West Virginia.

Selected Representations

  • Borel v. Benco Dental Supply Company, No. 3082 EDA 2003 (Pa. Super Ct. June 9, 2005 (latex glove case in which summary judgment in favor of client was affirmed on appeal)
  • Cahill v. Miles Inc., No. 91-1966, 1992 WL 110537 (E.D.Pa., May 13, 1992) (pharmaceutical product liability case in which the court granted summary judgment in favor of the client, a pharmaceutical company)
  • Cherkes v. Abbott Laboratories, 45 D.&C. 3d 603 (Luzerne Cty. C.P. 1986) (in this product liability case, the court denied the client’s motion to dismiss the emotional distress claim on the ground that physical impact had been sustained, but the case settled for a nuisance value a fraction of the cost of defense)
  • Dion v. Graduate Hospital, 360 Pa. Super. 416, 520 A.2d 876 (1987) (pharmaceutical product liability case in which the appellate court affirmed a non-suit in favor of the client, a major pharmaceutical company)
  • In re Reglan/Metoclopramide Litigation, 81 A.3d 80 (Pa. Super. Ct. 2013) (pharmaceutical product liability mass tort action addressing federal preemption in the context of the liability of manufacturers of generic pharmaceutical products)
  • Jones v. Philadelphia College of Osteopathic Medicine, 813 F. Supp. 1125 (E.D.Pa. 1993) (HIV case involving malpractice, blood screening and medical device issues)
  • Martin v. Dalkon Shield Claimants Trust, No. 93-2652, 1994 U.S. Dist. LEXIS 16395 (E.D.Pa., Nov. 16, 1994), aff’d, No. 94-2200 (3d Cir. Jul. 19, 1995) (intrauterine device case in which the court granted summary judgment for client on the basis of the statute of limitations)
  • Morris v. Pathmark Corp., 21 Phila. 55 (1990), aff’d, 405 Pa. Super. 274, 592 A.2d 331 (1991) (cosmetic product idiosyncratic reaction case from which client was dismissed)
  • Murphy v. Abbott Laboratories, 930 F. Supp. 1083 (E.D. Pa. 1996) (medical device fear of AIDS case in which the client’s motion to dismiss plaintiffs’ “fear of” claim was denied, but a judgment in favor of the client was rendered in alternative dispute resolution)
  • Ostertag v. American Art Clay Co., No. 87-8504, 1990 WL 50470 (E.D.Pa., Apr. 20, 1990) (summary judgment in favor of client was entered in this lead paint case)
  • Roseman v. Davis, No. 2788 Philadelphia 1992 (Pa. Super., Apr. 8, 1994) (product liability case in which summary judgment for client, a pharmaceutical company, was affirmed on appeal)
  • Sokoloski v. Les Laboratoires Servier, No. 1887 EDA 2002 (Pa. Super., May 19, 2004) (affirmance of summary judgment for client in appeal of twenty-three pharmaceutical product liability cases)
  • Travelers Indemnity Co. v. Crown Cork &Seal Co., No. 93 CIV. 0993, 1994 WL 586438 (S.D.N.Y., Oct. 25, 1994) (interpleader action in environmental insurance coverage context in which interpleader was denied on the ground that an alternative forum was available)
  • Young v. Johnson & Johnson Corp., 2005 WL 2886218 (E.D. Pa. Nov. 2, 2005) (pharmaceutical liability action in which case was dismissed without prejudice over client’s objection that the case be dismissed with prejudice)
  • Young Women’s Christian Association of Boston, Inc. v. Young Women’s Christian Association of Philadelphia, Inc., 90 Mass. App. Ct. 1119, 65 N.E.3d 32, 2016 WL 7162737 (2016) (appellate court judgment reversing lower court’s judgment, awarding historically certified Cape Cod waterfront properties to client-defendant, and dismissing complaint against client-defendant)

Selected Publications

Selected Speaking Engagements

  • Al has given presentations at professional and trade associations, including the Philadelphia Bar Education Center, the American Conference Institute, Pennsylvania Bar Institute and the Insurance Society of Philadelphia.

Community Involvement

  • SeniorLAW Center (Philadelphia), board member and volunteer attorney
  • Democratic Committeeperson, Lower Merion Township, Montgomery County, Pennsylvania

Professional Activities & Achievements

  • Product Liability Advisory Council
    • Sustaining Member
  • Defense Research Institute
    • Drug and Medical Device, Products Liability, Environmental and Toxic Tort, and Insurance Law Committees
  • The Justinian Society
  • Philadelphia Bar Association
    • Investigator for the Association’s Commission on Judicial Selection and Retention

Academic Achievements

Al graduated in 1975, cum laude, with a Bachelor of Arts from Villanova University, and in 1978 with a J.D. from Temple University School of Law, where he served as research editor of the Temple Law Review. He was a student law clerk for The Honorable Francis L. Van Dusen, Judge of the United States Court of Appeals for the Third Circuit, and a law clerk to The Honorable Robert H. Steedle, Judge of the Superior Court of New Jersey.