Cozen O’Connor: Berger, Eric J.

Eric J. Berger

Member

New York

(212) 908-1279

(877) 434-1068

Eric concentrates his practice in construction and labor law, product liability, and toxic tort matters.

Eric represents corporations and municipalities in the defense of high-exposure, catastrophic casualty claims, including cases involving traumatic brain injuries, arising from alleged violations of the New York State Labor Laws, and other claims. Eric has extensive experience representing manufacturers in product recalls and representing manufacturers, distributors, and retailers in product liability matters arising from alleged defects in commercial and industrial products. Eric represents building owners and major construction companies in the defense of construction defect, environmental pollution, and property damage claims and represents corporations, municipalities, and building owners and managers in the defense of casualty claims arising from various toxic exposures. 

In addition to handling traumatic brain injury cases, Eric has assisted with presentations to claims representatives at some of the largest insurance companies in the country, including AIG and Travelers, as well as to fellow attorneys at presentations sponsored by the New York State Bar Association Torts, Insurance, and Compensation Law section.

Eric earned his undergraduate degree from Columbia University and his law degree from Boston University School of Law.

Experience

Publications

The Western District of Louisiana Provides Judicial Support for Requiring Inclusion of Medicare Set Asides in Liability Case Settlements [General Litigation Alert!]

February 07, 2011

For those attorneys and insurance carriers who have insisted to plaintiffs’ counsel that certain funds be set aside for the payment of future medical bills following a liability case settlement – but have met strong opposition from plaintiffs’ counsel, or more commonly from, third-party vendors such as the Garretson Firm Resolution Group – a January 5, 2011 decision by the U.S. District Court for the Western District of Louisiana has interpreted the requirements of the Medicare Secondary Payer Act (MSP Act), 42 U.S.C. § 1395y, as it relates to Medicare’s future interests, a positive development in liability defense as a means to counter such resistance and ensure compliance with statutory requirements.

New York Supreme Court Justice Distinguishes Association From Causation in Mold Case [General Litigation Alert!]

March 17, 2010

In a recent decision, Cornell v. 360 West 51st St. Realty, LLC., Index No. 113104/04, 2009 N.Y. Misc. LEXIS 3579 (Sup Ct, New York County Dec. 18, 2009), New York County Supreme Court Justice Marcy Friedman followed the rationale set forth by the Appellate Division, First Department in Fraser v. 301-52 Townhouse Corp., 57 A.D.3d 416, 870 N.Y.S.2d 266 (1st Dep’t 2008) regarding the admissibility of scientific and medical evidence in personal injury mold cases.

Winter 2009 [Commercial Litigation Observer]

February 25, 2009

Congratulations are due to the twenty-five attorneys from six of the firm’s national offices who have been selected for inclusion in the 2009 edition of The Best Lawyers in America. Lawyers were selected for inclusion in the 2009 edition of The Best Lawyers in America based on a rigorous peer–review survey that has been developed and refined for nearly 25 years. The current edition is based on 1.8 million confidential evaluations by only the top attorneys in the country. The Cozen O'Connor offices with Attorneys recognized are Cherry Hill, Denver, Miami, New York, Philadelphia, and Washington, DC.

Consumer-Driven Diacetyl Litigation: Boom or Bust [Mealey's Litigation Report]

November 01, 2007

With asbestos litigation entering its twilight years, personal injury lawyers have been searching long and hard for a new toxin to form the foundation of lawsuits for decades to come. And while personal injury lawyers have enjoyed some success in prosecuting cases involving occupational exposure to diacetyl, the limited number of individuals exposed to the substance in the occupational setting has been a major stumbling block to crowning diacetyl as the toxin of the new millennium. Years of research into the health effects of diacetyl, together with recent medical findings and increased public scrutiny over food safety issues, however, may serve to broaden diacetyl litigation into the consumer arena and provide personal injury lawyers with the opportunity they have been so anxiously seeking.

Events & Seminars

Past Events

Industry Sectors

Education

  • Boston University School of Law, J.D., 1999
  • Columbia University, B.A., 1996
  • New Jersey
  • New York
  • U.S. District Court -- Eastern District of New York
  • U.S. District Court -- New Jersey
  • U.S. District Court -- Southern District of New York
  • New York County Lawyers Association
  • New York State Bar Association