Cary Stewart Sklaren
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Address: |
Herzfeld & Rubin, P.C.
40 Wall Street, New York, NY 10005 |
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(212) 471-8468 (Direct
Dial) |
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Fax: |
(212) 344-3333 |
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E-mail: |
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Cary Sklaren is a litigation strategist and tactician,
litigation manager, and trial lawyer, with more than thirty
five years of high profile products liability, asbestos,
general tort, and commercial litigation experience. He also
deals with the National Highway Traffic Safety
Administration and other federal regulatory agencies.
He is currently involved with the development, management
and implementation of national strategy and case specific
tactics for an international vehicle manufacturer in
asbestos friction products litigation and serves as a senior
trial adviser for crashworthiness litigation as well as a
litigation counselor for a Japanese vehicle manufacturer. In
the past, he has managed Jeep CJ and DJ rollover litigation
as Assistant General Counsel (Litigation) for American
Motors Corporation (1981-1984), and Pinto and Fuel Tank
Litigation as a Senior Attorney for Ford Motor Company
(1979-1981). He also dealt with litigation issues involving
prescription and over-the-counter drugs, devices, cosmetics,
hair colorings and toiletries, and household products as
Assistant Products Liability Counsel at Bristol-Myers
Corporation (now Bristol-Squibb)(1969-1979).
He has tried products liability, asbestos, general tort and
commercial lawsuits, and has counseled the management of
major American and international corporations on litigation
and regulatory-related issues.
In the commercial sphere, Mr. Sklaren had acted as lead
counsel for an Eastern European nation at the trial of a
multi-million dollar breach of contract action; lead trial
counsel for a major Canadian investment bank in a $600
million securities action involving the collapse of a public
corporation where a federal court found in favor of the
defense on a motion for summary judgment ; and co-lead trial
counsel for a nation-wide joint defense group in a $90
million multi-district litigation of 74 cases transferred to
New York federal court involving securities fraud arising
out of a private placement memorandum and sale-leaseback/tax
deferral where the court found in favor of the defense on a
motion for summary judgment.
Mr. Sklaren received his B.A. from the University College of
Arts and Science at New York University in 1964, and his
J.D. from Fordham University School of Law in 1967. Cary
served as an Army Captain with the Americal Division in Chu
Lai, Vietnam (1968-1969), where he was awarded the Bronze
Star and Army Commendation Medal. Stateside, as a Military
Police First Lieutenant, he was the Confinement Officer at
the Post Stockade, Fort Belvoir, VA (1967-1968).
Mr. Sklaren is the author of numerous products liability and
litigation articles and treatise chapters, and is an Adjunct
Professor of Law at New York Law School, teaching New York
Practice. He has also taught Products Liability. He has been a featured speaker with numerous
organizations including the American Bar Association, the
Canadian Institute, and the Practicing Law Institute.
In discussing his editorship of the “classic treatise on
products liability law, Frumer, Friedman and Sklaren,
Products Liability, Professor David Owen has written: “Cary
took on the editorship during the 1980s, and the treatise
since that time has been reinvigorated, and much of it
rewritten. Now containing 11 volumes, Frumer, Freedman and
Sklaren has once again regained its rightful place as the
leading treatise in the field. It explores products
liability law and litigation widely, in great depth and with
sensitivity, such that courts and lawyers ignore this
treatise at their peril.” David Owen, Products Liability Law
at 8 (West Hornbook Series 2005).
Mr. Sklaren’s other publications include:
Book:
- Co-Author, Selected Readings in Sociology
and the Law, Charles C. Thomas, (1972).
Treatise Chapters:
- J. Vargo, Ed., Products Liability Practice
Guide, Matthew Bender & Co., (1988), Chapters: "Products Liability
Case History"; "Automobiles"; Revision of all legal forms and selected
chapters, 1989-2001; New Case Reporter, (1992-1997).
- Practical Solutions for New York Lawyers, Matthew Bender & Co.,
(2002), Chapter 307, “Personal Injury Trial Practice.”
- M. Barzelay and G. Lacy, Scientific Automobile Accident
Reconstruction, Matthew Bender & Co., (1986-1987), Chapter 12,
"Summary of Automobile Accident Reconstruction Law"; Chapter 12A,
"Automobile Product Liability Law."
- Negligence in the New York Courts, Matthew Bender & Co.,
(1995), Article VIII, “Damages Recoverable.”
- Warren’s New York Negligence, Matthew Bender & Co.,
(1995-1996), Vols. 7 and 7A, “Damages.”
- F. Woodside, Drug Product Liability, Matthew Bender & Co.,
(1996-1997), selected revisions and updates.
- Attorney's Guide to Engineering, Matthew Bender & Co.,
(1988-1991), Legal annotations to several engineering chapters.
- Art of Advocacy, Matthew Bender & Co., (1998), Chapter
“Settlement.”
Articles and Papers:
- Is It Time to Label the Banana? Common
Sense and Reason In Failure-To-Warn Product Cases, in Product
Liability in the 1980's: Litigation, Legislation and Practical
Engineering, ABA National Institute (1983). (Mr. Sklaren’s Banana Warning has
been reprinted in several publications including Frumer, Friedman and Sklaren, Products Liability, and translated into several
languages.)
- The Effect of the Current NHTSA Regulations and Enforcement Policy
on Products Liability in the Motor Vehicle Industry, 21 Tort & Ins. L.
J. 464 (1986).
- Recent Developments in the Law of Products Liability, Products
Liability Mid-Year Meeting, ABA Sect. of Litigation (1988).
- On War: The Defense of Products Liability Litigation, Second
Annual, Products Liability, New Legal Developments, New Financial
Exposures, New Management Techniques, The Canadian Institute (1990).
- Significant Case Law Developments, Emerging Issues in
Automobile Products Liability Litigation, ABA National Institute (1991).
- Necromancy, Prestidigitation and Legerdemain: The Attorney's Art of
Evaluating Litigation, Accounting For Contingencies, Executive
Enterprises, Inc. (1991).
A native of Brooklyn, New York, Mr. Sklaren has been admitted to the bars
of New York (1969) and Michigan (1981) and is a member of the American Bar
Association, Association of the Bar of the City of New York and the Defense
Research Institute. He is rated AV by Martindale-Hubbell.
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