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David S. Kostus

Associate | dkostus@smsm.com
Associate | Jersey City, NJ
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David S. Kostus represents various defendants in toxic tort and product liability matters including, but not limited to, the defense of manufacturers and distributors in asbestos litigation and the defense of commercial and residential building owners dealing with various claims related to toxicants on their property. Mr. Kostus also has extensive experience handling insurance coverage and insurance defense matters.

Prior to joining Segal McCambridge, Mr. Kostus worked at one of the world's leading insurance companies handling insurance coverage matters, as well as advising on asbestos and toxic tort defense cases. He also has experience in general commercial litigation, handling diverse issues ranging from loss of use damages in an aviation context to class action certification.

Mr. Kostus is a New Jersey native, and upon graduation from Fordham Law School in 2003 he served as Law Clerk to the Honorable Donald W. Merkelbach, J.S.C. in the Superior Court of New Jersey, Essex Vicinage.

Professional & Civic Involvement

  • New Jersey State Bar Association, Products Liability and Toxic Tort Section, Insurance Law Section
  • Habitat for Humanity

Representative Matters

  • As associate counsel, authored brief which led to successful appeal to vacate a $2.5 million judgment entered against client, The Port Authority of New York & New Jersey, in an asbestos personal injury action.
  • Member of trial team that achieved unanimous jury verdict for client in multi-million dollar toxic exposure case.
  • Obtained a directed verdict on behalf of a client, a defendant railroad company, at trial in a lawsuit wherein the plaintiff alleged damages from injuries he suffered when he was struck by a train and survived. The directed verdict was set up after successfully moving to bar the plaintiff's expert, who was prepared to testify about railroad operations and braking mechanics of trains, on the basis that the expert's opinion was a "net opinion."
  • Obtained a de minimus buy-out on behalf of our client, a manufacturer that was part of a PRP group implicated at a Superfund site, in negotiations with the US EPA and the PRP group over how performance of an administrative order would be effectuated.
  • Won jury verdict for defense in New Jersey wrongful death case alleging disease caused to 30-year cigarette smoker by workplace exposure to asbestos and diesel exhaust fumes.

Published Appellate Opinions

Szewczuk v. Stellar 117 Garth, LLC, 541 Fed.Appx. 30 (2d Cir. 2013).

Andrucki v. Aluminum Company of America, et al., (In re New York City Asbestos Litigation), 106 A.D.3d 617 (N.Y.A.D. 1st Sept. 2013).

Co-Author

"2012: A Survey of Products Liability Cases From the Past Year," Products Liability and Toxic Tort Section of the New Jersey State Bar Association 2013 Newsletter (June 2013).

Clerkships

  • Law Clerk to the Honorable Donald W. Merkelbach, J.S.C. in the Superior Court of New Jersey, Essex Vicinage

Education

Rutgers College, B.A., 2000

Fordham Law School, J.D., 2003

Admissions

  • New Jersey, 2003
  • New York, 2005
  • U.S. Court of Appeals, Second Circuit
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York