Mr. Assuncao advises current and future market leading corporations concerning risk management, litigation and product development issues. Mr. Assuncao's diverse national litigation practice includes the representation of corporations in a wide variety of complex commercial, class action, product liability, and toxic tort cases. Mr. Assuncao also advises clients concerning the regulatory compliance of product labels. He has represented manufacturers in product liability actions for over 25 years at the trial and appellate level. He serves as national trial and class action counsel for one of the world's largest consumer product manufacturers and class action counsel for a global consumer electronics company.
Mr. Assuncao is a member of the state bars of New Jersey, New York and Colorado. He is also admitted to practice in the United States District Court for the District of New Jersey, the Northern, Southern, Eastern and Western Districts of New York, the District of Colorado, the Federal Court of Claims, the Eastern District of Michigan, the United States Courts of Appeals for the Second and Third Circuits, and the United States Supreme Court.
Mr. Assuncao is a Sustaining Member of the Product Liability Advisory Council and a member of the Defense Research Institute. Mr. Assuncao is rated AV® PreeminentTM 5.0 out of 5 by the Martindale-Hubbell Law Directory.
Mr. Assuncao has litigated matters in a number of jurisdictions throughout the United States and Canada and has significant experience with different forms of alternative dispute resolution.
Representative Experience:
- Counsel for British manufacturer of industrial machinery before the United States Supreme Court, in a case that the Court, for the first time in 24 years, addressed a corporate defendant's liberty right to be free from personal jurisdiction in a state where the defendant had no deliberate contacts. In the matter, the Court reversed the New Jersey Supreme Court's improper and unconstitutional exercise of personal jurisdiction over the corporate defendant.
- Corporate and Litigation Counsel for a generic pharmaceutical company.
- National Counsel for leading international coatings manufacturer in all forms of litigation and labeling issues.
- Counsel for a global electronics manufacturer in several putative class actions, filed in several states related to certain high definition televisions.
- Counsel for national seller of hardware in defense of an alleged $40 million breach of contract claim brought by manufacturer based in Taiwan and mainland China. A business solution to the dispute was negotiated to the satisfaction of both parties.
- Counsel for billing aggregator in a putative class action alleging the aggregator placed unauthorized, misleading, or deceptive charges (also known as "cramming") on telephone bills. After investigation of the charges, we convinced the claimants that their claims were without merit and to dismiss the claim.
- Counsel for a global electronics manufacturer in a putative national consumer class action alleging consumer fraud and unjust enrichment claims related its LED high definition televisions. The case was dismissed on a 12(b)(6) motion to dismiss.
- Appellate Counsel for a global manufacturer of automobiles before the New Jersey Superior Court, Appellate Division on appeal from a defense verdict at trial. The New Jersey Appellate Court affirmed the trial court verdict on all issues.
- Counsel for an international manufacturer of plumbing fixtures in a case in New York Supreme Court involving catastrophic injuries to an infant. The case dismissed with prejudice on motion for summary judgment at trial and the dismissal was affirmed by the New York Appellate Division, Second Department.
- Counsel for international manufacturer of motorcycles in wrongful death action alleging that the manufacturer improperly marketed racing motorcycles to ordinary riders for street use. Granting a 12(b)(6) motion to dismiss, the court dismissed plaintiff's design defect claims finding that the speed and lightweight nature of the manufacturer's motorcycles are performance features and not defects as a matter of law.
- Counsel for a global electronics manufacturer in a putative national consumer class action alleging breach of warranty, consumer fraud, and unjust enrichment claims related to its DLP high definition televisions. The case was dismissed on a 12(b)(6) motion to dismiss.
- Counsel for a leading international plumbing fixture fitting manufacturer in a putative consumer class action asserting strict liability, breach of warranty, and negligence claims related to certain tub and shower valves. The plaintiffs voluntarily dismissed their claims with prejudice in response to defendants' opposition to class certification and cross motion to strike plaintiffs' experts.
- Counsel for an international manufacturer of microwave ovens in a putative national consumer class action. The case was dismissed on a 12(b)(6) motion to dismiss.
- Counsel for a national lumber retailer in a putative state consumer class action related to pressure treated lumber.
- Counsel for a reinsurance broker in $40 million reinsurance underwriting and fraud litigation.
- Counsel for National Football League franchise in litigation involving its stadium alcohol policies that attracted national media attention.
- Counsel for a securities trading company, securities brokers and an attorney in a putative class action lawsuit alleging fraud, breach of fiduciary duty, and violations of NJRICO.
- Counsel for an ASME code inspection agency and insurance company in successful appeal before United States Court of Appeals for the Second Circuit.
- Counsel in defense of a national class action lawsuit in Texas, involving a claim that, over a ten-year period, the client manufactured more than three million defective water heaters. Plaintiffs alleged damages in excess of $1 billion. The trial court certified three national classes. However, class certification was defeated at the appellate level. Plaintiffs' petitions for certification to the Texas Supreme Court were denied, and, upon remand, the case was dismissed in its entirety by the trial court.
- Counsel for a manufacturer of water heaters in eight consumer class action lawsuits brought in Alabama, California, Illinois, Kansas, Michigan (two cases), Missouri, and Tennessee. These cases involved an allegedly defective water heater component called a dip tube which, upon failure, could damage the heater and the home's plumbing system.
