Alan R. Levy
Offices
New Jersey - Parsippany
Waterview Plaza - Suite 502 2001 Route 46
Parsippany, NJ 07054
New York - Manhattan
40 Exchange Place Suite 1600
New York, NY 10005
Practice Areas
Alternative Dispute Resolution
Class Actions, Collective Actions, and Mass Torts
Construction
Entertainment, Sports & Recreation
Food Retailers & Manufacturers
Hospitality
Premises Liability
Product Liability
Transportation
Workers Compensation
Experience
Alan is a civil litigator with more than 20 years of experience in matters of liability and insurance defense. He handles a wide variety of legal matters including products liability, motor vehicle defense, premises liability and complex corporate disputes. Alan is dedicated and aggressive in defending the companies and individuals he represents. He has litigated a wide variety of cases in both state and federal courts, and obtained several precedent-setting verdicts and decisions. Alan carefully tracks and monitors changes in the law and appellate decisions affecting lawyers and their clients. A noted author and speaker on topics of civil litigation, he is published in the Yale Law Journal, New York Law Journal, New Jersey Law Journal, Law360.com, and DRI’s “For the Defense.” Alan is an exceptional communicator, versed in all legal issues relevant to the insurance industry and corporations.
Alan competed as a member of the parliamentary debate team at Rutgers-Newark School of Law, winning the 1996 North American Open Championship. He was also named Top Oralist in his school Moot Court Competition.
Court Admissions
- New Jersey
- New York
- U.S. Court of Appeals for the Second Circuit
- U.S. Court of Appeals for the Third Circuit
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Eastern District of New York
- U.S. District Court for the Northern District of New York
- U.S. District Court for the Southern District of New York
- U.S. District Court for the Western District of New York
Notable Matters
- Represented a Dutch-based distributor of “CBD” nutritional supplements who sold their product to a NY State resident who claimed that the CBD product caused him to fail a drug test allegedly causing him to be terminated from his employment. Filed a Pre-Answer Motion to Dismiss in the U.S. District Court for the Southern District of New York (SDNY) successfully arguing that the U.S. Courts lacked jurisdiction against our client. Davey v. PK Benelux B.V., 2022 U.S. Dist. LEXIS 78357, 2022 WL 1289341 (S.D.N.Y. 2022).
- Represented a commercial property owner, successfully winning an appeal that determined the plaintiff improperly attempted to assert a new theory of liability after the close of the discovery period. Naftaliyev v. GGP Staten Is. Mall, LLC, 204 A.D.3d 932, 164 N.Y.S.3d 871 (2nd Dept. 2022).
- Represented a commercial property owner, successfully winning an appeal holding that the lease agreement’s exculpatory clause properly dismissed the commercial tenants’ claims for consequential damages and alleged loss profits. Chaitman v. Moezinia, 178 A.D.3d 642, 115 N.Y.S.3d 283 (1st Dept. 2019).
- Represented an insurance carrier where the court held the carrier properly denied coverage to an auto dealership who had been named as a defendant in a class-action lawsuit alleging violations of various Truth-In-Lending-Acts (TILA). Sonic Auto., Inc. v. Chrysler Ins. Co., 2014 U.S. Dist. LEXIS 48431, 2014 WL 1382070 (S.D.Oh. 2014).
- Represented a lessor of motor vehicles, successfully winning an appeal holding that the lessor was not vicariously liable for the negligence of the lessee, as a matter of law. Thus the lower court’s denial of the lessor’s Motion to Dismiss was reversed. Pedroli v. Mercedes-Benz USA, LLC, 94 A.D.3d 842, 944 N.Y.S.2d 150 (2nd Dept. 2012).
Publications & Presentations
- “Navigating the Minefield of Contacting Former Employees of Corporate Parties”, New York Law Journal, Outside Counsel: Expert Analysis, September 27, 2022
- · “NJ’s Mode-of-Operation Rule Could Leave Both Sides with ‘Sour Grapes’”, New Jersey Law Journal, Premises Liability: Expert Analysis, April 8, 2022
- · “ADA Suits Against Websites Highlight Statute’s Glitches”, Law360.com, Expert Analysis – Opinion, March 29, 2022
- · “Who Watches the Watchdogs? The Use of Non-Party IME Watchdogs”, New York Law Journal, “Outside Counsel: Expert Analysis” column, December 21, 2017
- · “Out-of-Possession Landlords Snow/Ice Liability: Appellate Courts are Split”, New York Law Journal, “Outside Counsel: Expert Analysis” column, July 18, 2017
- · “Applying Mode-of-Operation in Slip/Fall Cases at Retail Stores”, New Jersey Law Journal, “In Practice” column, December 29, 2014
- · “Was the Internet’s Anger at the Progressive Insurance/Fisher Claim Misdirected?”, Defense Research Institute (DRI), August 27, 2012
- · “For Product Manufacturers and Distributors, Limited Respite is Found in Statutes of Repose.” , Defense Research Institute (DRI), December 2010
- · “Click it or Waive it: A Practical Guide to Using the ‘Seatbelt’ Defense”, New York Law Journal, Personal Injury Quarterly, May 10, 2010
- · “The Door is Open Once Again to Product Manufacturers Who See the Benefits of the Statute of Repose”, New Jersey Law Journal, “In Practice” column, April 12, 2010
- · “How ‘Swingers’ Might Save Hollywood from a Federal Pornography Statute”, Yale Law Journal Online, 118 Yale L.J. Online 1, 2008
- · “Store Owners Face Difficult Defense In ‘Mode of Operation’ Premises Liability Cases”, New Jersey Law Journal, “In Practice” column, September 17, 2007
- · “Court Deals Blow to Product Manufacturers: Statute of Repose Provides no Respite to Makers of Products used as Improvements to Real Property.”, New Jersey Law Journal, Products Liability & Toxic Torts Supplement, December 6, 2004
- · “Expert's Concept: What is the Known or Potential Rate of Error” , Defense Research Institute (DRI), Defense Library Series, 2004 Practice Guide Update, “Daubert” Compendium
- · Co-Author, “Navigating Rough Waters: A Guide to Defending Pool and Spa Related Injury Suits”, Defense Research Institute (DRI), For The Defense, November 2004
Education
- Rutgers-Newark School of Law, J.D., 1999
- Rutgers College, B.S., 1995
Professional & Community Affiliations
- DRI (former Chair of the Building Products SLG of the Products Liability committee)
