Mike Carroll
Mike Carroll

Michael R. Carroll

Associate

carrollm@ballardspahr.com
Tel 856.761.3452
Fax 856.761.1020
New Jersey

Michael R. Carroll is an associate in the Litigation Department and a member of the Product Liability and Mass Tort, Consumer Class Action Litigation, and Commercial Litigation Groups. He focuses his practice on complex commercial and product liability litigation, including the defense of class actions. In addition to extensive experience litigating such matters, Mr. Carroll counsels clients on pre-litigation risk management strategies.

Mr. Carroll is currently part of a team focused on the defense of product liability class actions, with a particular emphasis on consumer products and motor vehicles. He regularly manages complex issues in such litigation, including attacks on the pleadings, managing discovery, and developing class certification strategies. Mr. Carroll and his team also have unique experience litigating post-certification and post-trial claims proceedings and related fee petitions.

Mr. Carroll is also experienced in managing and litigating mass tort personal injury matters, including mass torts involving pharmaceuticals and medical devices. In that context, he has significant experience with regulatory issues facing drug and medical device companies in litigation.

Representative Matters

  • Defending a motor vehicle manufacturer in class action alleging consumer fraud and warranty claims in connection with the sale and servicing of more than 8,000 motor vehicles; currently managing claims proceeding following post-trial decertification of damages class
  • Defending a consumer product manufacturer in class action alleging consumer fraud and warranty claims related to allegedly false advertising of product’s ingredients
  • Advising a vehicle manufacturer regarding product liability risk mitigation and commercial contract issues in connection with development of new vehicle
  • Advising an industrial manufacturer regarding pre-litigation strategies related to large-scale industrial accident
  • Representing a medical services provider in suit against government entity for underpayment related to a $400 million government services contract
  • Advised a consumer product manufacturer in reaching material terms of early settlement of nationwide class action alleging consumer fraud and warranty claims for allegedly defective consumer electronic product
  • Secured favorable and early settlement for industrial manufacturer on personal injury claims brought by contractor’s employee related to alleged chemical inhalation
  • Successfully obtained dismissal or summary judgment in series of cases alleging consumer fraud, breach of contract, and statutory violations in connection with consumer lending contracts
  • Served as a member of Merck's on-site trial team in the New Jersey Vioxx litigation, successfully securing defense verdicts in multiple trials; additionally responsible for deposition and experts discovery, including substantial work with FDA regulatory experts
  • Defended a medical device company in personal injury litigation involving contact lens solution in consolidated state court action and federal multidistrict litigation; responsible for deposition discovery as well as locating and developing FDA regulatory and biomedical science experts for trial

Pro Bono Experience

Mr. Carroll maintains an active pro bono practice that includes work with Wills for Heroes, Legal Services of New Jersey, and Section 1983 prisoner civil rights litigation.

Publications

Co-author, "The Interplay Between FDA Approval and Discovery Rule," Law360, March 8, 2012

Co-author, "A Red Light for Federal Class Certification in California," Law360, February 2, 2012

Co-author, "Plaintiffs Pick Your Poison: Curtailing CFA Claims Premised on Traditional Product Liability Risks," New Jersey State Bar Association's Product Liability and Toxic Tort Law Section newsletter, Volume 12, No. 2, January 2011; and DRI's The Voice, Volume 9 Issue 44, November 3, 2010

"Distribution Scheme Knowledge Is Enough To Warrant State Jurisdiction Over Manufacturers," New Jersey Law Journal, Vol. 200 No. 7, May 17, 2010

"China's Not So Great Walls: Allegedly Defective Drywall Creates Legal House of Horrors," New Jersey State Bar Association's Product Liability and Toxic Tort Law Section newsletter, Vol. 12, Number 1, February 2010

Co-author, "Safety First – How to Deal with Litigation-Related Concerns in REMS for Biologics," Corporate Counsel, July 2008

Co-author, "FDA's CBE Codification Could Help Defendants," Product Liability Law360, January 17, 2008

Rutgers, The State University of New Jersey School of Law-Camden (J.D. 2004, with honors)
Notes Editor, Rutgers Law Journal

The College of New Jersey (B.S. 2000, magna cum laude)

New Jersey

Pennsylvania

U.S. District Court for the District of New Jersey

U.S. District Court for the Eastern District of Pennsylvania

U.S. Court of Appeals for the Third Circuit