Paul M. da Costa
Associate
Duane Morris LLP
One Riverfront Plaza
1037 Raymond Boulevard, Suite 1800
Newark, NJ 07102-5429
USA

Phone: +1 973 424 2047
Fax: +1 973 556 1449
Email: pmdacosta@duanemorris.com

Paul M. da Costa is a member of the Trial Practice Group. He focuses his practice in the area of products liability, mass torts, catastrophic injury cases and complex commercial litigation. Specifically, Mr. da Costa has defended pharmaceutical and medical device manufacturers, clinical and diagnostic laboratories, sports and recreational products manufacturers, construction equipment manufacturers, ladder manufacturers, and other general products manufacturers in products liability litigation. Presently, he serves as a national counsel to a foreign tire manufacturer, as well as an international generic pharmaceutical manufacturer. His experience also includes acting as a regional defense panel counsel for a major national clinical laboratory, defending catastrophic injury, wrongful birth and wrongful death claims. In addition, he has experience in complex legal and causation issues relating to a wide variety of medical disciplines, and he counsels healthcare clients on risk management and regulatory issues. He also has extensive experience in medical malpractice litigation.

Mr. da Costa has vast experience in all aspects of pre-trial discovery in both state and federal courts. His experience includes conducting depositions of party, fact and expert witnesses, as well as drafting dispositive and non-dispositive motions, arguing motions before the court and preparing appellate briefs. Mr. da Costa also has substantial experience in assisting designated trial counsel with, among other things, preparing direct and cross examination of witnesses. In addition, he has experience in conducting mediations and preparing cases for trial as the lead trial counsel. Mr. da Costa has successfully completed the trial advocacy institute administered by the National Trial Advocacy College at the University of Virginia School of Law.

In 2008, 2010 and 2011, Mr. da Costa was named as a Rising Star by Super Lawyers. This designation is limited to no more than 2.5 percent of New Jersey attorneys that are either forty years old or younger or in practice for ten years or less.

Mr. da Costa is a member of the firm's Pro Bono Committee, and he devotes significant time to handling pro bono cases.

Mr. da Costa is a 2003 graduate of Seton Hall University's J.D.-M.A.D.I.R. joint-degree program, a collaboration of the School of Law and John C. Whitehead School of Diplomacy and International Relations. He obtained his undergraduate degree from Rutgers University, Rutgers College (B.A.). He is fluent in Portuguese.

Areas of Practice

• Products Liability Litigation
• Mass and Toxic Torts Litigation
• Commercial Litigation
• Healthcare Litigation

Representative Matters

• Defend international pharmaceutical manufacturer in failure-to-warn personal injury litigation.
• Defend a major recreational-sports-equipment-manufacturer against alleged manufacturing and design-defect claims.
• Represent national clinical laboratory against wrongful-birth, wrongful-death and catastrophic-injury claims.
• Represent religious organization in lawsuit involving sexual tort claims.
• Represented nutritional supplement manufacturer in FDA enforcement action involving claims of non-compliance with the Federal Food, Drug and Cosmetics Act.
• Acted as lead trial counsel for a large New Jersey-based hospital in a medical malpractice case; settled the case during jury selection in a manner viewed as favorable by the client.
• Represented a national dialysis-products manufacturer in a products liability case involving a claim of wrongful death.
• Achieved dismissal on behalf of a physician in a medical malpractice case after conducting the deposition of plaintiff's primary expert witness.
• Obtained summary judgment in favor of an international heavy equipment manufacturer involving allegations of design defect and inadequate warnings.

Professional Activities

• Supreme Court of New Jersey District V-A Ethics Committee
• New Jersey State Bar Association
  - Medical Malpractice & Legal Education Special Committees, Appointee
  - Products Liability Section, Member
• Defense Research Institute
  - Member of Young Lawyers Steering Committee
  - Member of Drug & Medical Device, Medical Liability, Products Liability, Diversity and Trial Tactics Committees
• American Bar Association
• Trial Attorneys of New Jersey

Admissions

• New Jersey
• District of Columbia
• U.S. District Court for the District of New Jersey
• U.S. Court of Appeals for the Third Circuit

Education

• Seton Hall University School of Law, J.D., 2003
• Seton Hall University, John C. Whitehead School of Diplomacy and International Relations, M.A., 2003
• Rutgers College, B.A., 2000

Board Memberships

• New Jersey Center for Tourette Syndrome (NJCTS)
  - Board of Directors

Civic and Charitable Activities

• St. Joseph's High School Attorney Alumni Association, Chairman
• Tourette Syndrome Association of New Jersey, volunteer
• Middlesex County Committeeman

Honors and Awards

• Listed as a Rising Star by New Jersey Super Lawyers, 2008, 2010 and 2011
• Selected as 2003 Presidential Management Intern (PMI)

Selected Publications

• Co-Author, "Presumption-of-Adequacy Defense Is Clarified and Reinforced," New Jersey Law Journal, December 7, 2011
• Co-author, "Mensing and Its Impact on State-Law-Based Claims Against Generic Drug Manufacturers," Update Magazine, The Food and Drug Law Institute (FDLI), September 2011
• Co-author, "U.S. Supreme Court Overturns N.J. Supreme Court’s Extension of Long-Arm Jurisdiction," LJN's Product Liability Law & Strategy newsletter, September 2011
• Co-author, "Limiting Personal Jurisdiction Over Foreign Entities," Guest Column in Products Liability Law360, July 12, 2011; also published in Appellate Law360, International Trade Law360 and Legalink
• Co-author, "U.S. Supreme Court Reaffirms Stringent Test for General Jurisdiction over Foreign Manufacturers," Duane Morris Alert, June 30, 2011
• Co-author, "U.S. Supreme Court Overturns N.J. Supreme Court's Extension of Long-arm Jurisdiction," Duane Morris Alert, June 28, 2011
• Co-author, "U.S. Supreme Court Holds That State-Law-Based Failure-to-Warn Claims Are Federally Preempted Against Generic Drug Manufacturers," Duane Morris Alert, June 23, 2011
• Author, "Has Expert Adequately Accounted for Obvious Alternative Explanations?," Chapter 7 of The Daubert Compendium, DRI Defense Library Series, 2011
• Co-author, "Federal Government Provides Its Position Regarding Generic Preemption to the Supreme Court," New Jersey State Bar Association's Products Liability and Toxic Tort Law Section Newsletter, Volume 12, Number 2, January 2011
• Co-author, Expert Analysis: "The Government Stance On Generic Preemption," published online in Appellate Law360 and Health Law360 by Portfolio Media, Inc., November 5, 2010
• Co-author, "Acting Solicitor General Gives Government’s Position on Generic-Pharma Preemption to U.S. Supreme Court," Duane Morris Alert, November 4, 2010
• Co-author, "New Jersey Appeals Court Allows Counsel During Jury Selection to Research Potential Jurors on the Internet," Duane Morris Alert, October 1, 2010
• Co-author, "Is U.S. Supreme Court Review Inevitable? New Jersey High Court Extends Long-Arm Jurisdiction," DRI's For the Defense, September 2010
• Co-author, "Federal Government to Provide Its Position on Generic Preemption to the U.S. Supreme Court," Duane Morris Alert, August 3, 2010
• Co-author, "NJ Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers," LJN's Product Liability Law & Strategy newsletter, July 2010
• Co-author, "U.S. Court Extends Long-Arm Jurisdiction to Foreign Manufacturers," Genericsweb.com INNSIGHT Industry Newsletter, May 21, 2010
• Co-author, "Generic Drug Manufacturers Post-ANDA Approval Duties With Reference To Labeling Changes: Viability of Federal Preemption Defense Post-Levine," Bloomberg Law Reports - Health Law, May 2010
• Co-author, "The Paradigm Shift in Civil Action Pleading Standards," DRI's For the Defense, April 2010
• Co-author, "Case Study: Nicastro v. McIntyre Machinery," Guest Column in Product Liability Law 360 and International Trade Law 360, February 25, 2010
• Co-author, "New Jersey Supreme Court Extends Long-Arm Jurisdiction to Foreign Manufacturers Under the Stream-of-Commerce Theory ," Duane Morris Alert, February 12, 2010
• "New Jersey Supreme Court Adopts Board Regulations for Mandatory Continuing Legal Education," Duane Morris Alert, February 5, 2010
• Co-author, "Contacting Corporate Employees," Chapter 37 of Product Liability Litigation: Current Law, Strategies and Best Practices, Practising Law Institute, 2009
• Co-author, "New Jersey Supreme Court Proposes Rule of Court Requiring Mandatory Continuing Legal Education," Duane Morris Alert, October 13, 2009
• Co-author, "Viability of the Federal Preemption Defense Post-Levine," DRI's For The Defense, July 2009
• Co-author, "Can Failure-to-Warn Claims Against Generic Drug Manufacturers Be Preempted?," LJN's Product Liability Law & Strategy newsletter, June 2009
• Co-author, "Wyeth v. Levine: An Attorney's Perspective," PharmExec.com, March 11, 2009
• Co-author, "Wyeth v. Levine: U.S. Supreme Court Finds That State-Law Failure-to-Warn Claims Are Not Federally Preempted," Duane Morris Alert, March 6, 2009
• Co-author, "Courts Are Divided on Whether Failure-to-Warn Claims Against Generic Drug Manufacturers Can Be Preempted," Genericsweb.com INNSIGHT Industry Newsletter, March 4, 2009
• Co-author, "Courts Are Divided on Whether Failure-to-Warn Claims Against Generic Drug Manufacturers Can Be Preempted," Strictly Speaking, newsletter of the DRI Product Liability Committee, Volume 3, Issue 2, February 25, 2009
• "New FDA Final Rule Amends the Changes Being Effected (CBE) Regulations: Amendments Bolster Preemption Defenses for Drug and Medical Device Manufacturers," New Jersey State Bar Association's Products Liability and Toxic Tort Law Section Newsletter, Volume 11, Number 1, February 2009
• "New FDA Final Rule Amends the Changes Being Effected (CBE) Regulations: Amendments Bolster Preemption Defenses for Drug and Medical Device Manufacturers," Strictly Speaking, the newsletter of the DRI Product Liability Committee, Volume 3, Issue 2, February 25, 2009
• Co-author, "Third Circuit Weighs In on Limits of Punitive Damages Awards," Duane Morris Alert, January 5, 2009
• Co-author, "Federal Preemption of Failure to Warn Claims Against Generic Drug Companies," LJN's Product Liability Law & Strategy newsletter, Volume 28, Number 6, December 2008
• "Expansion of Strict Liability in New Jersey to Packagers and Labelers," Strictly Speaking, the newsletter of the DRI Product Liability Committee, Fall 2008
• Co-author, "Generic-Drug Companies And Federal Preemption," Guest Column in Products Liability Law 360 and Health Law 360, October 10, 2008
• Co-author, Federal Preemption of Failure to Warn Claims Against Generic Drug Companies," Duane Morris Alert, October 7, 2008
• Co-author, "New Final Rule Clarifies FDA's View On Preemption," Guest Column in Product Liability Law 360 and Health Law 360, August 29, 2008
• "New FDA Final Rule Amends the Changes Being Effected (CBE) Regulations," Duane Morris Alert, August 27, 2008
• Co-author, "N.J. Packagers Are Link in Acutrim Liability Chain," Guest Column in Product Liability Law 360 and Health Law 360, July 16, 2008
• "Expansion of Strict Liability in New Jersey to Packagers and Labelers," Duane Morris Alert, July 14, 2008