Attorneys Profiles

Cary Stewart Sklaren

Position: Member

Address: Herzfeld & Rubin, P.C.
125 Broad Street, New York, NY, 10004

Phone: (212) 471-8468

Fax: (212) 344-3333

E-mail: CSklaren@herzfeld-rubin.com

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 served 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 and represented numerous other domestic and foreign manufacturers, importers, suppliers distributors and service business entities in state and federal litigation.

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, the Marino Institute for Continuing Legal Education 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).
  • New York Courts and Electronic Discovery, Defendant (Winter 2009).

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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