Pisciotti Malsch

Counselors & Litigators

Practice Areas

Alternative Dispute Resolution

Alternative dispute resolution has become more prevalent in the legal field due to its cost-effective nature. In every case, Pisciotti Malsch analyzes whether alternative dispute resolution will be appropriate and has successfully utilized mediation to obtain early and favorable settlements for its clients.

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Appellate Practice

As any litigator understands, when a case is dismissed via a summary judgment motion or when a trial ends, the appellate process usually begins. Pisciotti Malsch has handled appeals at both the federal and state court levels, which included millions of dollars in liability and issues of first impression. Pisciotti Malsch has recently argued cases in the Second Circuit Court of Appeals, the Sixth Circuit Court of Appeals, the New Jersey Supreme Court, and the Supreme Court of the State of Alabama, among other jurisdictions.

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Church and School Liability

Churches and Schools present unique litigation risks. From injuries on premises to misconduct by employees, Pisciotti Malsch has experience successfully defending and guiding clients through the entanglements of complex litigation.

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Commercial Litigation

Pisciotti Malsch's commercial litigation practice entails all aspects of commercial relationships. The firm's attorneys have experience representing clients in a wide variety of areas including contract disputes, breach of fiduciary duty, employment agreements, and insurance coverage disputes. Additionally, we are frequently called upon to negotiate, review, and draft agreements on behalf of our clients. The firm has experience in state and federal courts, as well as handling declaratory judgments, arbitrations, mediations, and other alternative dispute resolution proceedings.

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Construction Defect

Any construction project is complicated and will often involve numerous parties with conflicting obligations, and any construction defect case will certainly involve claims for defense and indemnity pursuant to the terms of the agreements at issue. Pisciotti Malsch's attorneys utilize their knowledge to fashion creative strategies to achieve a successful legal defense while maintaining an efficient and cost-effective approach. The firm has a well-ordered system for case organization and document control, which means time and expenses are not wasted on unnecessary file management.

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Construction Site Liability

Pisciotti Malsch has defended land owners, building owners, design professionals, manufacturers, contractors, and subcontractors in connection with construction site accidents. As our attorneys are well-versed in all aspects of litigation in this area, our clients' businesses and rights are always protected.

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General Litigation

In addition to the specific practice areas listed, Pisciotti Malsch has extensive experience in all aspects of insurance and personal injury defense. We have handled claims involving, among other topics, wrongful death claims, premises liability, motor vehicle accidents, property damage, toxic torts, and improper security. Pisciotti Malsch is also adept at defending against lawsuits brought pursuant to the New York Labor Law.

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Insurance Coverage

Pisciotti Malsch has handled numerous cases in the area of insurance law and coverage and has regularly defended and/or prosecuted declaratory judgments on behalf of its clients. The firm's experience involves a wide variety of policies and coverages including CGL, Professional Liability, and Property and Casualty.

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Product Liability

Pisciotti Malsch has represented clients ranging from large manufacturers and insurance companies to start-up companies in product liability matters. Utilizing the firm's knowledge and experience in the realm of product liability, our attorneys are able to develop innovative plans for handling various types of claims. The firm does not simply follow a "product liabililty checklist" for such matters. Analyzing each case independently leads to the development of a strategic litigation plan with the highest-level of representation while ensuring that the defense costs do not needlessly escalate. Pisciotti Malsch works with clients to develop strategies with the goal of avoiding litigation through alternative dispute resolution and implementing innovative settlement strategies. Unlike most law firms, however, Pisciotti Malsch has extensive trial experience in the field of product liability and has handled cases in jurisdictions across the United States.

Our lawyers have defended a wide variety of products manufactured, distributed, sold, or insured by our clients. In addition to firearms and firearms products, the firm has experience in numerous areas, including: medical devices, hospital equipment, industrial equipment, tractor trailers, ammunition, less lethal law enforcement products, elevators, escalators, recreational equipment, construction equipment, sporting goods, and amusement rides.

Additionally, in order to avoid future litigation, Pisciotti Malsch routinely advises its clients on regulatory, labeling, marketing, packaging, and warning issues. We have also worked with our clients on the issues of product safety compliance and recalls.

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Restaurant Liability

Pisciotti Malsch has experience defending all types of claims against owners of restaurants, ranging from premises liability cases to food safety defense.

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Risk Management/Corporate Legal Solutions

Pisciotti Malsch works closely with our clients not just to defend claims but to eliminate future claims. Pisciotti Malsch's attorneys handle entity formation and draft employment agreements including non-disclosure agreements, employee handbooks, and workplace safety programs. We also assist clients in obtaining trademark and other intellectual property protection.

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Shooting Sports and Archery Industries Consulting

Pisciotti Malsch has a unique and unmatched understanding of litigation in the field of firearms. In addition to product liability cases, the firm handles an array of topics related to the firearms industry. Such activities include drafting and advising companies regarding warnings, instruction manuals, safety materials, websites, advertisements, brochures, and catalogs. Additionally, Pisciotti Malsch routinely represents companies in alternative dispute forums; drafts retailer/distribution agreements and other contracts; counsels manufacturers on recalls and post-sale duties; and instructs distributors and retailers in proper practice for selling firearm products and for maintaining adequate records. The attorneys at the firm are knowledgeable on state and federal laws and regulations pertaining to firearms, which include all applicable regulatory forms required by the BATF, importation licensing, and ITAR.

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Shooting Sports and Archery Industries Defense

Pisciotti Malsch has defended manufacturers, importers, distributors, and retailers against negligent distribution and negligent entrustment claims in federal and state courts across the country. These cases have included highly publicized lawsuits brought by municipal governments and The Brady Center for alleged improper distribution.

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