Albert L. Piccerilli is a member of the Litigation Department at Montgomery McCracken. He has represented large publicly- held domestic and multi-national corporations and insurance companies, as well as individuals, institutions and closely-held businesses, in a variety of sensitive 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, including Title IX sexual misconduct claims. 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 Title IX and other 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, New York, Ohio and West Virginia.
Al graduated undergrad from Villanova University with cum laude honors. Al received his law degree from Temple University James E. Beasley School of Law and law clerked for The Honorable Robert H. Steedle, Judge of the Superior Court of New Jersey and The Honorable Francis L. Van Dusen, Judge of the United States Court of Appeals for the Third Circuit.
Product Liability, Toxic Torts and Catastrophic Events
- New Jersey
- Supreme Court of the United States
- United States Court of Appeals for the Third Circuit
- United States District Court for the District of New Jersey
- United States District Court for the Eastern District of Pennsylvania
- United States District Court for the Middle District of Pennsylvania
- 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)
- Doe v. Saint Joseph’s University, 832 Fed. Appx. 770, 385 Ed. Law Rep. 209, 2020 WL 6281189, rehearing denied (3d Cir. 2020) (affirmance of district court’s order and opinion granting client’s motion for summary judgment as to plaintiff’s Title IX claim)
- 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)
- Wilkinson v. Brenntag North America, No. A-2210-17T2, 2018 WL 3614352 (N.J. Super. Ct., App. Div., July 30, 2018) (personal injury action in which the trial court’s order precluding the testimony of plaintiff’s expert witness on net opinion grounds was reversed by the appellate court)
- Young v. Johnson & Johnson Corp., No. CIV.A. 05-2393, 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)
- 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.
- Author, “Getting A ‘Fair Share’ Of Asbestos Liability In Pa.,” Law360, January 2018
- Author, “Juries Must Know About Products’ Standards Compliance,” Law360, May 2017
- Quoted, “Avis Chase Cottages Will Once Again Host Summer Visitors,” The Cape Cod Chronicle, April 2017
- Quoted, “YWCA respite program returns to Chatham,“ Cape Cod Times, April 2017
- Noted, “Boston YWCA loses appeal in fight over Cape Cod cottages,” Massachusetts Lawyers Weekly, January 2017
- Quoted, “Court Rules Avis Chase Cottages To Remain With Philadelphia Group,” The Cape Cod Chronicle, January 2017
- Quoted, “Appeals court rules on respite homes,” Cape Cod Times, December 2016
- Co-Author, “The Post-Daimler Split On In Personam Jurisdiction,” Law360, September 2016
- Noted, “On the Boards,” Philly.com, February 2014
- Selected to the 2021-2024 lists of The Best Lawyers in America© – Product Liability Litigation – Defendants. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Selected to the Who’s Who Legal list for Product Liability Defense as a Global Leader. A description of the selection methodology can be found here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Rated a Martindale-Hubbell AV Preeminent Attorney. A description of the selection methodology can be found at here. No aspect of this advertisement has been approved by the Supreme Court of New Jersey.
- Sustaining Member, Product Liability Advisory Council
- Member, Drug and Medical Device, Products Liability, Environmental and Toxic Tort, and Insurance Law Committees, Defense Research Institute
- Member, The Justinian Society
- Member, Investigator for the Association’s Commission on Judicial Selection and Retention, Philadelphia Bar Association
- Board Member and Volunteer Attorney, SeniorLAW Center (Philadelphia)
- Democratic Committeeperson, Lower Merion Township, Montgomery County, Pa.
- Temple University James E. Beasley School of Law
- Villanova University
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