Michael B. Sena
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Address: |
Herzfeld & Rubin, P.C.
40 Wall Street, New York, NY 10005 |
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Phone: |
(212) 471-8527 (Direct
Dial) |
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Fax: |
(212) 344-3333 |
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E-mail: |
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MICHAEL B. SENA is a member of the firm’s
litigation department, specializing in toxic tort defense,
products liability, commercial, and medical malpractice
litigation. He has tried over forty (40) cases in the state
and federal courts in New York and New Jersey.
He served as regional trial counsel for a Fortune 500
company in its mass tort asbestos litigations in New York
(both personal injury and property damage), and was involved
in the defense of 5,000 personal injury cases and
multi-billion dollar property damage cases. He was also
involved in large mass asbestos consolidations involving 500
personal injury cases at a time. He is fully familiar with
the handling and conduct of mass tort litigation. He
instituted a national program to expand the base of asbestos
litigation in an effort to minimize the share of liability
for the client. He previously successfully defended a major
asbestos manufacturer in 22 consolidated asbestos cases and
obtained defense verdicts in those cases in the United
States District Court, Southern District of New York, the
largest group of defense verdicts ever returned in asbestos
litigation. He has also tried numerous other complex
asbestos and toxic tort cases on medical and liability
issues.
He has also litigated a wide range of other types of
products liability cases, including chemical burns, fires,
explosions, mechanical products, and other toxic exposures,
such as benzene, lead and other substances. He has developed
the law on federal preemption of state warning claims in the
State of New York, an important defense in the products
field. Because of his expertise on medical causation issues,
he has also tried numerous medical malpractice cases, such
as cases involving the diagnosis and treatment of breast,
colon and prostate cancers. He has also handled complex
warranty claims, Labor Law actions, commercial litigation,
and premises liability claims.
Published works include:
Lead Paint Litigation in New York, 66 N.Y.S.B.J. 112
(1984)
Sorting Out the Complexities of Lead Paint Poisoning
Cases, 4 Journal of
Affordable Housing 169 (1995)
Successor Liability Under New York Products Liability
Law, N.Y.L.J. 10/31/07
Representative Reported Cases
include:
In Re Joint Eastern and Southern District Asbestos
Litigation (Cluster 12),
762 F.Supp. 519 (S.D.N.Y. 1991);
Milanese v. Rust-Oleum Corp.,
244 F.3d 104 (2d Cir. 2001);
State Farm Insurance Company a/s/o James and Amy Klopp v.
Kop-Coat, Inc., 2006 U.S.
App. Lexis 12977 (2d Cir. 2006);
Grace Willis v. Westin Hotel, Co., et al.,
884 F.2d 1556 (2d Cir. 1989);
Freddy Liz v. William Zinsser & Co.,
253 A.D.2d 413 (2d Dept. 1998);
Monique Moreau v. RPM, Inc., et al.,
20 A.D.3d 456 (2d Dept. 2005);
World Trade Knitting Mills, Inc. v. Honeywell, Inc.,
154 A.D.2d 99 (2d Dept. 1990);
Georgia –Pacific Corporation v. Multimark’s Int., Ltd.,
265 A.D.2d 109 (1st Dept.
2000);
Elvira Smith v. Temco Services Industries, Inc.,
267 A.D.2d 176 (1st
Dept. 1999);
Nitza Turner-Schraeter v. Brighton Travel Bureau, Inc.,
258 A.D.2d 393 (1st
Dept. 1999).
Education
Juris Doctor, St. John’s University School of Law, 1980
Cum Laude
American Jurisprudence Award for Excellence in Evidence
Admissions
State of New York
United Stated District Court, Eastern and Southern Districts
United States Court of Appeals, Second Circuit
State of New Jersey
United States District Court, District of New Jersey
United States Supreme Court
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