Street Address
Duane Morris LLP
100 American Metro Boulevard, Suite 150
Hamilton, NJ 08619

James J. ("J.") Ferrelli concentrates his practice primarily in the areas of business litigation, products liability, and class actions. Additionally, Mr. Ferrelli serves as Special Counsel for the Burlington County Bridge Commission.

Mr. Ferrelli has an active and diverse business litigation practice, and has represented corporate and individual clients in complex commercial matters involving breach of contract, real estate, antitrust, employment disputes, restrictive covenants, franchise and distributorship issues, copyright and trademark, corporate governance, breach of fiduciary duty, and disputes arising from the acquisition or sale of a business. He has successfully handled jury and bench trials, injunction and replevin proceedings, and arbitrations of such matters. Likewise, he has maintained a transactional practice in which he has been involved in negotiating and drafting various contracts on behalf of clients, and has represented several professional athletes in a variety of business matters.

Over the last 20 years, Mr. Ferrelli's products liability practice has focused predominantly in the defense of pharmaceuticals and medical devices, and includes experience in cases involving a number of other products, including automobiles, industrial equipment, and hair care and cosmetic products. He recently served as New Jersey counsel to a national pharmaceutical company in the defense of its New Jersey products liability cases, and successfully assisted his client in defeating an application before the Supreme Court of New Jersey to designate cases for mass tort consolidation. He served as New Jersey counsel to a national pharmaceutical company in the defense of its HIV/Hemophilia blood factor products liability litigation in New Jersey, which was designated for handling as a mass tort in Middlesex County, New Jersey. He has represented defendants in class action litigation, and has been successful in defeating class certification in an action asserting consumer fraud and breach of warranty claims against a national manufacturer of adhesives and laminate products.

Mr. Ferrelli has represented the Burlington County Bridge Commission since the mid-1980s, serving as its Special Counsel since 1994. In the course of his representation, he has handled a wide variety of litigation and transactions for the Bridge Commission, including real estate, land use, contract, and personal injury matters. In the late 1980s, Mr. Ferrelli represented the Bridge Commission in admiralty and insurance disputes arising out of the collision of a tug and crane barge with the Tacony-Palmyra Bridge, recovering in excess of $1 million for damages to the bridge caused by the accident. Recently, he obtained summary judgment for the Bridge Commission as plaintiff in a real estate title dispute with an adjacent railroad line by tracing title to the lands in question back to the original 1833 survey of the rail line.

Over the past year, Mr. Ferrelli has continued to represent the Bridge Commission in a number of matters relating to real estate. In September 2007, he filed a lawsuit on behalf of the Bridge Commission asserting claims against a property owner and billboard company who are using an easement owned by the Bridge Commission in violation of the Bridge Commission's easement agreement with the property owner, and seeking the imposition of a constructive trust in favor of the Bridge Commission. Mr. Ferrelli has also worked on a number of conveyances, including, for example, an easement to Riverton Township for its Broad Street improvement project; an agreement permanently assigning a public safety radio talk group to the Bridge Commission; a termination of the Bridge Commission's lease for radio communications space with the Riverton Fire Company; and acquisitions of certain properties in Palmyra.

Mr. Ferrelli has significant experience with a variety of technologies associated with modern complex litigation, including database management of documents and depositions, digital video testimony and other electronic courtroom media. Additionally, Mr. Ferrelli frequently assists clients on issues relating to electronic discovery.

Mr. Ferrelli is active in a number of professional associations. Mr. Ferrelli presently serves as a Trustee of the New Jersey State Bar Association representing Burlington County on its Board of Trustees, a position he has held since 2006. He is a past President of the Burlington County (N.J.) Bar Association and has served as an officer and on its Board of Trustees for ten years. He has served on a variety of committees not only of the Burlington County Bar Association, but also of the New Jersey State, Philadelphia, and Camden County (N.J.) bar associations. He is a member of the Litigation, Real Property, Probate and Trust Law, and Intellectual Property Law sections of the American Bar Association, and the Commercial Litigation and Drug and Medical Device Litigation committees of the Defense Research Institute.

Mr. Ferrelli has served as an active member of the Editorial Board of the New Jersey Lawyer Magazine since 2002. He has written and spoken on a variety of legal issues. Mr. Ferrelli has served as the Special Editor for a number of editions of New Jersey Lawyer Magazine, including issues devoted to Federal Civil Practice, Special Lands, and Construction and Government Contracts Litigation. As Special Editor, he planned the issue, selected writers and approved article topics, edited and finalized all articles for publication, and wrote an article for each issue. Mr. Ferrelli is presently serving as a Special Editor for the upcoming Business Litigation issue of the magazine.

Mr. Ferrelli is admitted to practice law in New Jersey and Pennsylvania, and before the United States District Courts for the District of New Jersey and the Eastern District of Pennsylvania. He has also been admitted to perform appellate work before both the United States Court of Appeals for the Third Circuit and the United States Supreme Court.

Mr. Ferrelli is a 1984 graduate of the New York University School of Law, where he served for two years on the Annual Survey of American Law, first as a staff member, and then as an Articles Editor. He earned his B.A. from Boston College in 1981, graduating summa cum laude.

Areas Of Practice

Business and Commercial Litigation
Products Liability Litigation
Class Action Litigation
Intellectual Property Litigation
State and Local Government Law
Sports Law
Arbitration, ADR, Mediation

Representative Matters

Business and Commercial Litigation

Counsel to a major regional hair care and beauty supply distributor in the ongoing defense of antitrust, tortuous interference with contract and prospective contractual relations, and wrongful refusal to deal claims asserted by a product retailer. After completion of discovery, obtained summary judgment in the United States District Court for the District of New Jersey dismissing all claims.
Co-counsel to a leading international adhesives manufacturer and its parent company in defense of consumer fraud and breach of warranty class action in the United States District Court for the District of New Jersey. Defeated plaintiff's initial motion for class certification, which was denied by the District Court. After extensive discovery and motion practice, participated in negotiations resulting in a favorable settlement before trial.
Counsel for defendant seller in multi-faceted business dispute arising out of sale of dental practice involving claims and cross-claims for damages and equitable relief. In private contractual arbitration, defeated plaintiff buyer's claims for reduction of purchase price and obtained substantial judgment against buyer for purchase price without substantial reduction in purchase price, and established amendment of existing office to require plaintiff buyer to pay substantial additional rent to defendant, who retained ownership of building where practice was located.
Counsel to the seller of a shipping business in a breach of contract and fraud case against the purchaser who failed to properly account for profits, failed to support the client's post-sale involvement in the business, and breached other obligations. After a six-week jury trial, obtained a jury verdict in the client's favor on all liability issues, and thereafter settled all damages issues very favorably for the client, obtaining a result in excess of $1 million.
Counsel to a major regional hair care and beauty supply distributor in asserting New Jersey Franchise Practices Act ( "NJFPA") violations against an international manufacturer of hair care and beauty supplies that had terminated the client's franchise in violation of the NJFPA. As a result of intense pre-filing negotiations with the manufacturer, obtained a substantial financial settlement from the manufacturer representing complete financial recovery for the client under the NJFPA, and saving the client substantial expenditure of fees and time in litigation.
Counsel to a regional real estate developer in a breach of contract suit asserted against defendants that had breached their agreement to purchase and develop a multi-unit condominium project. In a jury trial, obtained substantial six-figure verdict for the client.

Product Liability Litigation

Counsel to a national pharmaceutical company in the defense of ongoing product liability litigation in New Jersey. Successfully assisted the client in obtaining forum non conveniens dismissal of cases filed by non-New Jersey plaintiffs, and in defeating an application to designate cases for mass tort consolidation.
Counsel to an international pharmaceutical company in the defense of all of its HIV/Hemophilia blood factor product liability litigation in New Jersey. After extensive discovery that was consolidated on a state-wide basis and conducted in conjunction with a concurrent Federal MDL proceeding, negotiated a satisfactory settlement of all the client's New Jersey cases as a part of a "global" settlement involving multiple plaintiffs and defendants.
Counsel to an international manufacturer of maxillofacial implants in the defense of a claim asserting defects in implant system. At the conclusion of a two week trial, succeeded in convincing the jury to limit the client's liability to approximately $3,500.
Counsel to an international manufacturer of hip replacements in the defense of a claim that the device failed, injuring plaintiff and necessitating a second hip replacement procedure. Successfully negotiated an expedited settlement with plaintiff's counsel and the assigned United States Magistrate Judge prior to the exchange of initial disclosures and discovery.
Counsel to an international manufacturer of knee replacements in the defense of a claim asserting that the device failed after surgery, causing injuries to plaintiff and a second knee replacement procedure. After discovery, successfully moved to preclude plaintiff's expert testimony, and thereafter obtained dismissal with prejudice.

Intellectual Property Litigation

Counsel to the majority owner in a regional software company in a replevin action filed in United States District Court against a minority owner to recover computer laptop prototype that was wrongfully taken by the minority owner and was needed for a national computer trade show the following week. Within three days, obtained ex parte Temporary Restraining Order compelling minority owner to return prototype and oversaw service and execution of Order by United States Marshal, resulting in recovery of prototype for client in ample time for trade show. Thereafter negotiated resolution of dispute with minority owner for client, obtaining complete relief for the client on an expedited basis.
Counsel to a major gasoline company in an injunction against a terminated service station operator to prohibit the defendant's continued use of the client's trademarks. Successfully obtained expedited injunctive relief in United States District Court and thereafter negotiated settlement resulting in obtaining complete relief for the client on an expedited basis.
Counsel to a national distributor of hardware for schools and other institutions in a copyright infringement action filed against a competing local distributor that copied portions of the client's catalog for use in its sales materials. After discovery, negotiated a favorable settlement resulting in recovery of expenses for client and termination of infringing use of client's text.
Extensive experience in a variety of litigation (both actual and prospective, both as plaintiff and as defendant) in both federal and state courts involving confidentiality and trade secrets, including various breach of contract claims and/or of various business torts, such as violations of restrictive covenants, confidentiality agreements and /or covenants not to compete (either arising out of the sale of a business or from employment contracts), common law and statutory unfair competition (both under the Lanham Act and applicable state statutes), and tortuous interference with contract and prospective contractual relations.

Sports Law

Counsel to a nationally known professional football player with regard to potential issues concerning his multi-million dollar disability insurance and his retirement from professional football. Based upon the course of conduct recommended, client obtained full payment under his disability policy.
Counsel to a nationally known professional football player being stalked by a female fan and threatened by the fan's husband. Based upon prompt action and the course of conduct recommended, the situation was quickly resolved with no further problems.
Counsel to nationally known professional football players with regard to fines assessed by the Commissioner of the National Football League (NFL), including handling appeals of fines to the Commissioner.
Have represented a number of professional athletes on various other legal issues relating to their profession and post-career businesses.

Professional Activities

Burlington County Republican County Committee Representative, 16th District, Mount Laurel, New Jersey
Special Counsel, Burlington County Bridge Commission, 1994-present
Volunteer Attorney, Support Center for Child Advocates
American Bar Association
- Section of Litigation
New Jersey State Bar Association
- Equity Jurisprudence Committee
- Federal Court Committee
- Product Liability and Toxic Torts Committee
- New Jersey State Bar Association Board of Trustees
-- Burlington County Trustee, 2006-present
Camden County Bar Association
Burlington County Bar Association
- President, 2004-2005
- President Elect, 2003-2004
- Vice President, 2002-2003
- Treasurer, 2001-2002
- Secretary, 2000-2001
- Member, Board of Trustees, 1996-1999
Philadelphia Bar Association
- Federal Courts Committee
Defense Research Institute
- Drug and Medical Device Committee
- Business Litigation Committee

Admissions

Pennsylvania
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
Supreme Court of New Jersey
Supreme Court of Pennsylvania

Education

New York University School of Law, J.D., 1984
Boston College, B.A., summa cum laude, 1981

Experience

Duane Morris LLP
- Partner, 1998-present
- Associate, 1991-1997
Pepper, Hamilton & Scheetz, Philadelphia, Pennsylvania
- Associate, 1984-1991

Board Memberships

Member, Editorial Board, New Jersey Lawyer, the Magazine, 2002-present
Member, Board of Trustees, Mount Laurel Library, 1994-present

Civic and Charitable Activities

Pro Bono Attorney, Support Center for Child Advocates

Honors and Awards

Named a New Jersey Super Lawyer, 2005 through 2008. Super Lawyers are selected in a state-wide peer review process. Only 5 percent of lawyers in New Jersey are eligible to become Super Lawyers.

Selected Publications

Author, "Consumer Fraud Act Claims in Business Litigation," and Special Editor New Jersey Lawyer Magazine, February 2008
"N.J. Court Affirms Forum Non Conveniens Dismissal of Product Liability Claims Filed by U.K. Plaintiffs," Guest Opinion, HealthLaw360, August 8, 2007; also published as a Duane Morris Alert
"Eminent Domain in New Jersey after Kelo: What's Next?" New Jersey Lawyer Magazine, December 2005
"Message From the Special Editor," New Jersey Lawyer Magazine, December 2005
Author, "Drug Ads: Has the Picture Changed?" New Jersey Law Journal, December 5, 2005
Author, "Why--or Why Not--Federal Court? (Be Careful What You Ask For)," New Jersey Lawyer, February 2004
"Perez Creates Exception to Learned Intermediary Doctrine," New Jersey Law Journal, September 20, 1999
"Meritcare, Inc. v. St. Paul Mercury Insurance Co.: A Swan Song for Diversity-Based Class Actions?" New Jersey Law Journal, Complex Litigation Supplement, April 19, 1999
"New Jersey Reaffirms Learned Intermediary Doctrine," New Jersey Law Journal, September 14, 1998

Selected Speaking Engagements

Speaker, "Covering Your Assets – Use of Valuation Experts in Buying and Selling Businesses, and in Business Litigation," N.J. State Bar Association Annual Meeting, Atlantic City, New Jersey, May 22, 2008
Panelist, "Demystifying Chancery Practice," Burlington County Bar Association seminar, Laurel Creek Country Club, Mount Laurel, New Jersey, January 31, 2008
Panelist, "Unconventional Wisdom on Products Liability Defense," Insurance Society of Philadelphia CLE Seminar, August 11, 2006
Panel Moderator and Speaker, "Selecting a Winning Jury: Case Maker or Case Breaker," seminar presented by the New Jersey Institute for Continuing Legal Education, June 4 and 23, 2005
Panelist, "Unsafe at Any Dose? Antidepressants and Product Liability," Christopher Naughton's Law Journal, WMFZ-TV 69, April 12, 2004
Panel Moderator and Speaker, "Juror Perceptions and How They Can Affect the Outcome of A Trial," mid-year meeting of the New Jersey State Bar Association, Paradise Island, Bahamas, November 6, 2003
Panel Moderator and Speaker, "Keys To Federal Practice," seminar presented by the Federal Courts Committee of the Burlington County Bar Association, Mount Holly, New Jersey, May 28, 2003
Panel Moderator and Speaker, "Using Technology in the Court Room," Burlington County (New Jersey) Bar Association, January 23, 2003
"The Learned Intermediary Doctrine," Mealey's Conference on Baycol Litigation 2002, San Diego, California, January 14-15, 2002
"The Defense Perspective on Baycol Litigation," Andrews Publications' Baycol And Other Statins, audio conference, Villanova, Pennsylvania, November 8, 2001
"Civil RICO," Business Torts Litigation, sponsored by the New Jersey Institute for Continuing Legal Education, January 1993