John B. Kearney

John B. Kearney is a partner in the Litigation Department and a member of the Product Liability and Mass Tort, Environment and Natural Resources, Franchise and Distribution, Insurance, Commercial Litigation, and Consumer Class Action Litigation Groups. His practice focuses on trials of complex civil cases with an emphasis on toxic tort, environmental, commercial, and product liability litigation. He also has extensive experience in alternative dispute resolution, including arbitration and mediation.

Representative Matters

• Represented a major oil refiner in U.S. District Court regarding the deaths of two contractors, who allegedly died of asphyxiation as a result of exposure to nitrogen during the course of their work. Mr. Kearney headed a team of Ballard lawyers who handled more than one hundred fact depositions, numerous expert depositions, and the production of more than 40,000 documents. The case settled after several days of trial. Sanctions were awarded against plaintiffs' counsel for willful misconduct in causing a mistrial. Pretrial motion practice resulted in the dismissal of plaintiffs' claim for punitive damages and the barring of several key plaintiff experts.
• Represented this same client in a state court wrongful death action in which the decedent allegedly contracted a form of leukemia known as CLL as a result of exposure to benzene and other toxic substances at various refineries. Mr. Kearney was successful in extracting Ballard's client from the case on motion for summary judgment by showing no link between the onset of the decedent's disease and any alleged exposure at the client's refinery.
• Obtained summary judgment against a plaintiff who claimed it had an oral contract to buy commercial properties. Plaintiff had been negotiating with the seller over terms of a proposed option, but the seller entered into a written agreement with our client before formalizing that option. The court permitted expedited discovery in the case to allow plaintiff to show, by clear and convincing evidence, that an oral contract existed. On motion, Mr. Kearney convinced the court that there was no enforceable oral contract.
• Prevailed after a seven-day bench trial in federal court in a shareholder dispute on behalf of a franchisor corporation. The corporation sought to enforce an oral agreement to repurchase another shareholder's stock for the price he originally paid years before. The defendant claimed that the agreement was unenforceable as there was no meeting of the minds regarding the stock price. The court found that the extrinsic evidence and credible testimony of shareholders clearly demonstrated that there was an enforceable agreement. The court also found in favor of the corporation on all breach of fiduciary duty and financial impropriety counterclaims, and that the defendant's stock had been fully repurchased due to his failure to pay franchise fees.

Pro Bono Experience

Mr. Kearney has represented individuals and groups in various pro bono cases over the course of his career in the state and federal courts. 

Professional Activities

American Bar Association

New Jersey State Bar Association
Past Chair, Product Liability and Toxic Tort Section

Association of the Federal Bar of New Jersey
Trustee, 2011-present

Camden County Bar Association
Past Co-Chair, Environmental Law Committee (now the Environmental, Real Estate and Land Use Committee) (1989-2006); past Chair, CCBA's The Barrister Editorial Board; past Trustee of CCBA (1989-1992)

U.S. District Court for the District of New Jersey, reappointed as certified arbitrator for three-year term, 2011-2014

Rutgers University School of Law-Camden, past Adjunct Law Professor; taught pre-trial advocacy to second- and third-year law students, 2008

Recognition & Accomplishments

Chambers USA: America's Leading Lawyers for Business, litigation, 2007-2011

Publications

Co-author, "A Survey of Products Liability Cases From the Past Year," New Jersey State Bar Association's Product Liability and Toxic Tort Law Section Newsletter, Volume 12, No. 2, January 2011

Co-author, "A Review of Some Recent Product Liability Cases from 2005-2006," New Jersey State Bar Association's Product Liability and Toxic Tort Law Section Newsletter, Volume 8,  No. 1, March 2007

"A Trial Lawyer Looks at ADR," Alternative Dispute Resolution Settlements and Negotiations, Aspatore Books, 2006

Co-author, "Consumers Have Changed, So Why Not the Law? Defending Claims under the New Jersey Consumer Fraud Act," 182 New Jersey Law Journal, 933, December 5, 2005

"There's Mold All Over the Internet: A Short Look at a Quick Search," New Jersey State Bar Association's Product Liability and Toxic Tort Law Section Newsletter, Volume 7, Number 1, June 2004

Co-author, "Individual Liability Under the Law Against Discrimination Remains Unclear," 166 New Jersey Law Journal, 28, October 1, 2001

"Post-Trial ADR — The Appellate Mediation Option," Defense Research Institute's ADR Choices Newsletter, Chicago, Summer 1999

Co-author, "Keeping in Tune With the Whistle Blowers: An Update on New Jersey's Conscientious Employee Protection Act," 153 New Jersey Law Journal 45, July 6, 1998

Co-author, "Punitive Damages After TXO and Herman: Where Are We Now?" New Jersey State Bar Association Civil Trial Newsletter, February 1994

Speaking Engagements

Frequent lecturer on eDiscovery and its uses of social media in litigation, products liability law, mediation and alternate dispute resolution options in toxic tort cases, punitive damages, and legal aspects of occupational medicine

Moderator, "eDiscovery & Social Media in Litigation: Practical, Legal & Ethical Issues," Camden County Bar Association, May 9, 2012

Panel moderator, "Social Media and Litigation: Issues Affecting Lawyers, Litigants, Judges and Jurors," Association of the Federal Bar of New Jersey, 36th Annual U.S. District Court Judicial Conference, March 22, 2012

"The Uses of Social Media in Litigation: Emerging Ethical Issues," New Jersey State Bar Association's Products Liability and Toxic Torts Section Winter Meeting, February 15, 2012

Panelist, "Electronic Discovery and Social Networking in Product Liability Cases," New Jersey Institute for Continuing Legal Education and the New Jersey State Bar Association's Products Liability and Toxic Torts Section, Annual Products Liability Dinner, March 29, 2011

Moderator and presenter, "Using Technology To Present Your Case to Jurors and Mediators," Camden County Bar Association seminar, April 27, 2010

Board Memberships

Camden Regional Legal Services, past member (1991-1993)

New Jersey Commission to Deter Criminal Activity, past member (1991-1998)

University of Pennsylvania Law School (J.D. 1976)
Arthur Littleton Legal Writing Fellow, 1975-76

The College of the Holy Cross (B.A. 1973, 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

U.S. Supreme Court