Overview

Daniel Winters is a New Jersey and New York trial attorney who represents major pharmaceutical, manufacturing and healthcare companies throughout the United States. Mr. Winters is well-versed in handling complex litigation matters, including product liability, False Claims Act (FCA) matters, expert challenges and plenary hearings. He also advises clients on issues regarding statute of limitations, consumer fraud, design defect and medical monitoring claims.

As part of his practice, Mr. Winters provides in-depth representation in both state and federal courts. He has litigated cases in 22 states and has experience as a national, regional and local counsel. Mr. Winters also defends products against lawsuits, and his representation has ranged from pharmaceuticals such as diet drugs, hormone replacement therapy, contraceptives or drug-eluting stents, to heavy machinery manufacturers in cases involving rock crushers and tractor-trailers.

In addition, Mr. Winters has successfully briefed and argued appeals in numerous courts, including the U.S. Court of Appeals for the Second and Third Circuits, New Jersey Appellate Division, Supreme Court of New Jersey, Supreme Court of the State of New York Appellate Divisions and New York State Court of Appeals. Mr. Winters has been called upon to author amicus curiae briefs for issues such as medical monitoring and the application of presumptions in favor of U.S. Food and Drug Administration (FDA)-approved labeling.

Prior to entering private practice, Mr. Winters served as a judicial law clerk for the Hon. Daniel P. Mecca at the Superior Court in New Jersey. During law school, he was a staff writer for the Fordham Intellectual Property, Entertainment and Media Law Journal.

Experience

  • Granted summary judgment on all warnings, design defect and manufacturing claims on behalf of a medical device manufacturer in three cases in New Jersey; argued successfully for the affirmance of the decision before the New Jersey Appellate Division and the Supreme Court of New Jersey
  • Obtained summary judgment on all warnings and design defect claims on behalf of a medical device manufacturer in a hernia mesh case in New York Supreme Court, Nassau County
  • Successfully argued for summary judgment in over one dozen cases in New York and New Jersey alleging injury caused by a hormonal contraceptive
  • In support of defendants, authored amicus curiae briefs submitted to the New York State Court of Appeals concerning medical monitoring claims (Caronia v. Philip Morris USA, Inc., 22 N.Y.3d 439 (2013)) and the Supreme Court of New Jersey concerning the adequacy of FDA-approved drug labels (In Re: Accutane Litigation, ___ N.J. ___, 2018))
  • Obtained reversal of preliminary injunction relating to alleged disclosure of trade secrets in Faiveley Transport Malmo AB v. Wabtec Corp., 559 F.3d 110 (2nd Cir. 2009)
  • Defended securities class action, consumer fraud class action and derivative lawsuit. In Re Able Labs. Securities Litigation, 425 F. Supp. 2d 562 (D.N.J. 2006)
  • Led a team in the eligibility process established by the trial court overseeing Wyeth's New Jersey diet drug litigation in Re Diet Drugs, (NJ. Sup. Ct.); Wyeth challenged cases on the grounds that the plaintiffs' claims that diet drugs damaged their heart valves were medically unreasonable; the eligibility process involved trial testimony from plaintiffs, defendants and independent experts and resulted in the dismissal of numerous cases
  • Led the team responsible for the choice-of-law and summary judgment briefs that resulted in the trial court dismissing all product liability claims on the basis such claims failed to satisfy the New Jersey Products Liability Act. In Re Hormone Therapy Litigation, 422 N.J. Super. 343 (2008), aff'd sub nom., Deboard v. Wyeth, Inc., 422 N.J. Super. 360 (App. Div. 2011)
  • Defended a national healthcare provider in a False Claims Act (FCA) matter alleging improper billings under Medicare and Medicaid guidelines; conducted and defended dozens of depositions of fact and expert witnesses throughout the United States
  • Represented a physician group in a lawsuit alleging breach of fiduciary duty, unfair competition and tortious interference brought by another physician seeking membership in the group; summary judgment was obtained and successfully upheld on appeal before the New Jersey Appellate Division
  • Guided arbitration of a commercial dispute for a client that was awarded full damages plus attorneys' fees following a five-day hearing in SetFocus v. Visalign

Credentials

Education
  • Fordham University School of Law, J.D.
  • Dartmouth College, A.B.
Bar Admissions/Licenses
  • New Jersey
  • New York
Court Admissions
  • U.S. Supreme Court
  • 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
Memberships
  • New Jersey Bar Association, Internet and Computer Law Committee, Chair, 2005-2006; Vice Chair, 2003-2005; Secretary, 2001-2003
  • Bergen County Bar Association, Banking & Business Law Committee; Civil Practice Committee; Internet Computer Law Committee
  • Dartmouth Lawyers Association, Vice President; Annual Meeting Coordinator, 2003-2006
  • Justice Morris Pashman American Inn of Court, Graduate and Barrister
  • Dartmouth Alumni Club of Northern New Jersey, Secretary
  • New Jersey State Certified Mediator
Honors & Awards
  • Martindale-Hubbell AV Preeminent Peer Review Rated
  • The Best Lawyers in America guide, Products Liability and Insurance – New York, 2012-2014, 2016-2017

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