Neal Walters

Partner

New Jersey

Tel 856.761.3438
Fax 856.761.1020

Neal Walters is the Practice Leader of Ballard Spahr’s Product Liability and Mass Tort and Commercial Litigation and Dispute Resolution Groups. He is also a member of the firm’s Manufacturing and Retail Industry Groups. Neal has a versatile trial and litigation practice focused on protecting product companies against a broad range of risks. As counsel for several consumer product manufacturers, he has defended and coordinated product liability and consumer claims, including substantial class action litigation, in jurisdictions across the country, with an emphasis on the state and federal courts of New Jersey.

Neal also counsels companies on contractual, regulatory, and liability issues arising in the development, sale, and servicing of products. Mr. Walters’ handling of product liability matters often results in him managing substantial commercial matters for those same clients, including litigation involving UCC supply chain, non-conforming goods, as well as counseling companies on product warnings and instruction manuals and training on litigation sensitivity.

Automotive Matters

Neal has broad experience counseling automotive companies on regulatory, product development, and service issues as well as defending these companies in product liability litigation. On a daily basis, Neal defends one of the fastest-growing domestic distributors of foreign motor vehicles in substantial class action litigation. He has defended allegations of widespread defects in automotive class actions, many of which carried eight- or nine-figure exposure. Neal is one of the few lawyers to have successfully tried two automotive class actions through jury verdicts—resulting in a unique perspective on defending expert and class certification issues. He has been successful in accelerating the dismissal or resolution of these complex cases through motions to dismiss resourceful class settlements and, more recently, through the use of voluntary market actions.

Neal regularly addresses risk management and regulatory issues arising from the development and field support of motor vehicles. Working with top experts, he has an intimate understanding of parts supply and Production Part Approval Processes (PPAP), as well as FMEA methodologies. Neal also has experience working with Wheelchair Tie-Down and Occupant Restraints (WTOR) systems and other unique mobility issues affecting disabled passengers. He reviews service and sales literature to develop the terms and conditions for sales and validate advertising and other product materials for litigation sensitivity.

In addition, Neal has been engaged in substantial projects to analyze an automotive company’s corporate structure to minimize litigation risk; develop processes for early warning decisions; and train employees on claims processing. Working with the firm’s Privacy and Data Security Group, he has provided gap analyses to bring automotive companies into compliance with evolving cybersecurity and data privacy ISO standards. Neal is also a frequent presenter on automotive issues and trends, including the product liability risks associated with the development of autonomous vehicles.

Industrial Matters

Neal has extensive experience defending industrial companies against catastrophic injury cases arising from workplace accidents, toxic torts, fires, and explosions—including benzene exposure, nitrous oxide exposure, entrapment claims, building and furnace explosions, and industrial machine accidents. He has developed a deep knowledge of the interplay of immunity issues arising from workers’ compensation, OSHA considerations, and managing multiple interdisciplinary experts.

On a weekly basis, Neal and his team advise companies on compliance with ANSI warnings standards and the development of warning labels for applications—including steel making, industrial machines, consumer and commercial products, and agriculture. Neal also develops and negotiates the contractual terms and conditions necessary to protect products in sales and service—including indemnification, insurance, and UCC logistical issues with title, bailment, and warranties.

Commercial and Energy Product Matters

Neal addresses legal issues arising from the development of commercial and energy products. This has included a particular emphasis on the development and analysis of the FMEA of smart meters, for which he has substantial experience with applicable UL and ANSI standards. In this role, Neal has overseen the validation of smart meter technologies and analyzed contractual warranty and litigation issues arising from smart grid performance issues. He has also analyzed the warnings and operational procedures associated with lithium-powered home energy sources, as well as solar panels.

Neal has also successfully defended class actions brought under the New Jersey Truth in Consumer Contract and Warranty Notice Act (TCCWNA), a challenging law often implicating the sales disclosures made by product companies in website and other advertising materials.

Services

Experience

Representative Matters

Currently defending a prominent domestic distributor of motor vehicles and its foreign parent company in six separate class actions alleging consumer fraud and warranty theories.
Counseled leading global amusement ride manufacturer in response to formal government investigation of catastrophic Chinese roller-coaster incident.
Regularly counsels numerous middle-market product manufacturing companies on B2B and consumer-facing disputes arising from alleged commercial product nonconformities; advice and drafting of appropriate ANSI-compliant warning labels; UL regulation compliance; drafting and consolidation of warranties involving numerous product lines; due diligence supporting corporate acquisitions; responses to CLRA and Proposition 65 demand letters; and related risk management and litigation sensitivity training.

Presently defending a leading sports protective gear company in California state court in a UCL and CLRA class action arising out of alleged warranty and advertising practices.
Prevailed on summary judgment on behalf of Rally-Cross racing company in the Central District of Los Angeles, dismissing the eight-figure claims of a promotions company asserting its business and national racing series failed as a result of tortious interference and fraudulent conduct.
Counseled a leading commercial food service entity on risk management of field complaints associated with the performance of induction ranges, and development of warnings.
Secured a successful class action settlement on behalf of a financing dealership against consumer fraud claims advanced by customers alleging that use of GPS tracking and ignition arresting devices violated Connecticut’s Electronic Self Help statute.
Defended a product manufacturer in a four-week jury trial of a class action alleging product defects and consumer fraud in connection with the sale and servicing of 8,500 motor vehicles; the plaintiff‘s damages were limited to less than one-tenth of the damages sought; achieved post-trial decertification of the class and engaged in claims process and fee petition proceedings raising due process and appellate issues. Ultimately procured a published opinion by the New Jersey Supreme Court affirming the prohibition against plaintiffs’ use of aggregate damages theories in consumer class actions. Little v. Kia Motors, 236 N.J. 113 (2018).
Advised a European manufacturer on the introduction of a new electric motorcycle to the U.S. market, including coordination of homologation development and distribution strategy.
Led a team advising a major university on compliance, risk management, and licensing for the emergent April 2020 production of Personal Protective Equipment (PPE) for health care providers battling COVID-19.
Defended numerous companies in industrial accidents, often involving the litigation of exceptions to the immunity afforded by applicable workers’ compensation laws.
Secured voluntary dismissal of product liability claims in Missouri state court on behalf of a leading manufacturer of firetrucks.
Defended a collections company against claims that its collections efforts caused the debtor’s suicide.
Secured a defense verdict as lead counsel in a four-week jury trial in California state court, defeating CLRA and UCL false advertising claims filed on behalf of the public seeking rescission and injunctive relief, including corrective advertising for an entire product line.
Defended a manufacturer of vehicle component parts and coordinated multiple product liability actions around the country, alleging vehicle defects and personal injury.
Successfully defended a motor vehicle manufacturer in MDL proceedings to defeat consumer fraud and warranty claims arising from the sale and marketing of OnStar telecommunications services.
Defended a global manufacturer of refractory brick against claims by a steel furnace operator arising from a large-scale molten steel breakout accident.
For nearly a decade, served as coordinating counsel for HUMMER H1 vehicle litigation in the U.S., trying several cases and counseling the company on manual drafting, warnings, and service literature. Transitioned to counseling the company on FMEA and litigation risks associated with the deployment of the MV-1, the first factory purpose built handicap accessible vehicle in the U.S.
Counseled a product manufacturer on the development, manufacture, marketing, and product support of a new line of specialty vehicles.
Secured dismissal of product liability claims against a manufacturer of high-pressure nitrogen cylinders brought by a worker sustaining catastrophic injuries from cylinder rupture; the matter involved the coordination of multiple liability experts.
Successfully prosecuted an action on behalf of a welding company to recover a substantial receivable owing on a contract for the fabrication and sale of large-scale steel cylinders used to manufacture silicon chips.
Secured a nuisance value settlement on behalf of a flexible gas connector manufacturer against product liability claims brought by victims sustaining substantial burn injuries from a gas explosion that leveled an apartment building.
Prevailed on a motion to dismiss a complex breach of contract action seeking compensatory damages and injunctive relief for the return of a liquor license associated with the closure of Garden State Race Track.
Negotiated a class settlement on behalf of New Jersey’s largest title company involving alleged RESPA violations.
Counseled a product manufacturer to develop e-discovery compliance procedures.
Defeated a competitor’s bid protest before the GAO and GSBCA on behalf of a telecommunications company awarded a multimillion-dollar contract.
Prevailed on a creative motion for summary judgment at the outset of the case to strike national class allegations filed on behalf of 250,000 product owners prior to the court’s holding a class certification hearing in the Superior Court of New Jersey.
Successfully defended a conversion van company against rollover and roof crush allegations of a quadriplegic arising out of a multivehicle accident in North Carolina; achieved nuisance value settlement. The plaintiff proceeded to trial against the van chassis manufacturer in New Jersey and secured an $8 million verdict.

Professional Highlights

Pro Bono Experience

Neal served as a part of a team that successfully pursued litigation, regulatory, and legislative action on behalf of an Indian tribe to secure Historic Preservation protection for a 10,000-year-old archaeological site in Northern New Jersey.

Professional Activities

Rutgers School of Law-Camden, former Adjunct Professor, Pretrial Advocacy and Electronic Discovery

Defense Research Institute

Recognition & Accomplishments

Chambers USA, litigation: product liability (New Jersey ranking, 2012-2023; national ranking, 2009-2013)

The Legal 500 US, Product liability and mass tort defense – automotive/transport, 2015-2023

Recipient, New Jersey Law Journal "40 Under 40" award, 2007

Recipient, 2003 Conservation Award, New Jersey Department of Environmental Protection, for his team's pro bono efforts in successfully pursuing an injunction to preserve a site of archaeological significance on behalf of the Lenni-Lenape Indians

Speaking Engagements

“Strategic Considerations in the Settlement of Consumer Class Actions,” ABA TIPS Automotive Product Liability Conference, April 2023

Moderator and Panelist, “Tread Lightly: Toward Greater CPSC Scrutiny Affecting Your Business,” CLE Webinar, June 16, 2021

"The Risk Profile of An Evolving Transportation Model," ACI's Automotive Product Liability Conference, Chicago, July 17, 2019

"How IoT Regulation and Litigation are Transforming the Manufacturing Industry," Ballard Spahr webinar, January 16, 2019

"Defeating Class Actions Post-Certification: Procedural and Substantive Strategies," Strafford Publishers webinar, December 18, 2018

"Connected We Fall," Class Action Issues Arising from Autonomous Vehicles, Safety and Regulation World Congress, Novi, MI, October 23, 2018

Co-host and Moderator, "Proceed with Caution: Examining Legal Scrutiny of Autonomous Vehicles," Thomson Reuters Legal Executive Institute Concordant Crossroads: Regulation and Innovation in the Automotive Industry, New York City, October 2018

Speaker, "Re-assessing Automotive Product Liability Class Actions," American Conference Institute, Chicago, July 2018

"The Legal Impact of Autonomous Vehicle Connectivity," Thomson Reuters Legal Executive Institute podcast, December 2017

"Keeping Up with the Jetsons: Autonomous Vehicles and Real Estate Development," Ballard Spahr CLE, Washington, D.C., November 2017

"Warnings Challenges in An Evolving Semi-Autonomous Driving Environment," Autonomous Vehicle Safety Regulation World Congress, Novi, Michigan, October 2017

"Driving Change: A Survey of Prevailing Issues with Autonomous Driving Systems," ISACA Philadelphia Chapter, Horsham, Pennsylvania, September 2017

"Automated Driving: Current Issues, Liabilities & Opportunities," ACI Automotive Product Liability Conference, Chicago, June 2017

"Game of Drones, Autonomous Vehicles, and Other Connected Devices," Delaware State Bar Association, Wilmington, April 12, 2017

Presenter, "Baby, You Won't Drive My Car: Intellectual Property Opportunities and Regulatory Issues Surrounding Autonomous Vehicles," A Ballard Spahr PATENTSCAPE® webinar, January 18, 2017

"Recent Developments in Class Action Litigation Including Arbitration Clauses on Class Action Waivers and Using MDL as a Strategic Measure to Defeat Class Action Litigation," Automotive Product Liability Litigation Conference, Chicago, June 3, 2015

"Challenges to Claims Under the New Jersey Consumer Fraud Act," New Jersey Institute for Continuing Legal Education, April 2015

"The Battleground of Automotive Class Action Litigation," ACI's Defending and Managing Automotive Product Liability Litigation, Chicago, June 4-5, 2014

Panelist, "Preserving the Attorney-Client Privilege and Work Product Protection in Class Action Litigation," Strafford Publications webinar, April 17, 2014

"Issues Arising in the Trial of a Class Action," DRI Class Action Seminar, Washington, D.C., July 2013

"The Current Battleground of Automotive Class Action Litigation," ACI Automotive Product Liability Seminar, Chicago, June 2013

"Managing Experts in Product Class Actions," Strafford Publishers webinar, February 2013

Moderator, "Navigating New Roads: Prevailing Trends in Consumer Product Litigation," Ballard Spahr webinar, May 2012

Panelist, "Prevailing Trends in Consumer Product Liability: Allegations of Fraud," Strafford Publications, Inc., webinar, February 21, 2012

Panelist, "Advancing Technologies and Evolving Risks: What's Next for Product Liability," Ballard Spahr CLE, October 6, 2011

"Class Dismissed: Best Practices for Defeating Consumer Product Class Actions," DRI Product Liability Conference, New Orleans, April 2011

Panelist, "Electronic Discovery – Taking Stock and Moving Forward," Ballard Spahr CLE, December 17, 2009

"Insights from the Trenches: Determining Early On What Your Client's True Pressure Points Are While Outlining a Defensive Strategy That is Both Cost- and Reputation-Conscious," American Conference Institute, Phoenix, September 23, 2009

"Challenging Experts in Class Action Litigation," a pre-Peroxide discussion of strategies for effectively mitigating class experts impact upon certification issues, DRI Commercial Litigation Annual Meeting, New Orleans, November 2008

Moderator and speaker, "Practical Tips for Litigating Cases Under the New Jersey Consumer Fraud Act," New Jersey Institute for Continuing Legal Education, December 2007

Board Memberships & Community Service

Neal is a Trustee of the Board of Directors, and the Chair of the Governance Committee, of the South Jersey Food Bank. Neal was a collegiate baseball player and is an athletics enthusiast. He is an avid golfer and is actively involved in coaching a variety of youth sports for the Marlton (New Jersey) Recreation Council.

Related Insights

Credentials

Education

Rutgers University, The State University of New Jersey School of Law-Newark (J.D. 1993)

Rutgers College (B.A. 1990)

Admissions

New Jersey

Pennsylvania

U.S. Court of Appeals for the Third Circuit