Michael Feinberg has nearly a decade of experience in commercial litigation and insurance defense litigation. He works closely with clients and insurance carriers on a wide range of insurance issues.

Mr. Feinberg is an accomplished civil and commercial litigator. He represents clients on a wide range of legal disputes focusing on the defense of catastrophic injury and wrongful death claims involving premises liability, construction accidents, and trucking and auto accidents. He is also an experienced appellate practitioner, having argued on multiple occasions before the New York Appellate Division—First Judicial Department. 

Mr. Feinberg advises clients on several insurance-related issues, including providing detailed exposure analyses and proposing strategies to help produce a client-driven result. He is always focused on achieving the best outcome for his clients, either through settlement or trial.

Matters

  • Obtained a declaratory judgment requiring insurer to transfer certificate of title of a 2005 Bentley Continental GT to individual client. Focarino v. Travelers Pers. Ins. Co., No. A-4780-14T3, 2017 N.J. Super. Unpub. LEXIS 1022 (App. Div. Apr. 25, 2017).
  • Successfully represented contractor for alleged breach of warranty and violation of the New Jersey Consumer Fraud Act. Spring Meadow Condominium Association, Inc. v. A Perfect Roof Installation, Docket No. BER-L-8104-14 (Law Div. 2016).
  • Successfully represented former executives of an insolvent company for alleged breach of fiduciary duty and fraudulent conveyance. Staudinger+Franke GmbH v. Casey, 2015 U.S. Dist. LEXIS 73912 (S.D.N.Y. June 6, 2015).
  • Successfully defended individual clients in a three-day bench trial involving a claim for nuisance. Tuosto v. Brady, Docket No. ESX-L-5696-15 (Law Div. 2017).
  • Obtained a contractual indemnification judgment against a subcontractor that was upheld by the Appellate Division. Martinez-Gonzalez v. 56 West 75th Street, LLC, 172 A.D.3d 616 (1st Dep’t 2019).
  • Successfully defended a landowner in a four-day jury trial involving a claim for negligence. Kalajian v. 320 East 50th Street Realty Co., LLC, Index No. 155902/2014 (Sup. Ct. New York County 2019).
  • Obtained summary judgment for insurance client in a subrogation matter against a luxury-living magazine.  Crum & Forster Indem. Co. v. Robb Report Media LLC, 2021 U.S. Dist. LEXIS 164225 (N.D. Cal. Aug. 30, 2021).

Publications

A Collision Course Between the Right of Publicity and the First Amendment: The Third and Ninth Circuit Find EA Sports’s NCAA Football Video Game Infringe Former Student-Athletes Right of Publicity, 11 Seton Hall Circuit Rev. 175 (2014)