CALL TOLL FREE: 855-833-3604
Follow Zarwin Baum on Twitter Follow Zarwin Baum on Facebook Follow Zarwin Baum on YouTube Follow Zarwin Baum on LinkedIn Print Contact Us Office Locations

Career Biography

Matthew P. Kessler primarily focuses his practice on insurance defense matters, including premises liability, product liability and motor vehicle accidents, as well as environmental and toxic exposure matters.  Matthew has successfully defended numerous clients, from individuals to large corporations, throughout the course of his career.
 
From 2010-2016, Matthew worked at a large law firm with offices in seven states, including New York, New Jersey and Pennsylvania, practicing in the insurance defense, toxic tort and environmental fields. He handled cases from inception through trial.  During his tenure, Matthew was able to use several nuanced and novel arguments to protect his clients and obtain successful results.  
 
Mr. Kessler graduated from the Villanova University School of Law. While in Law School, Matthew worked for the New Jersey Judiciary and for a law firm in Pennsylvania. Matthew is admitted to practice law in Pennsylvania and New Jersey State Courts, as well as the United States District Court for the District of New Jersey. 
 
Matthew was named a New Jersey “Super Lawyer Rising Star” in 2019, a distinctions reserved for only the top 2.5% of attorneys under the age of forty. 

Representative Matters

Obtained summary judgment in a product liability case.  Matthew represented two construction supply stores in a case where plaintiff argued that the products supplied by the stores caused him to develop cancer and led to his death.  Plaintiffs attempted to use a Market Share theory to recover based upon the decedent’s inability to recall specifically which products he purchased from which store.  Mr. Kessler filed a summary judgment motion arguing that market share was inapplicable in this scenario as the decedent was the person who purchased the products from the stores, and would be the person to best determine where the allegedly defective products came from.  Both of Mr. Kessler’s clients in the matter were given demands of $1,500,000 to settle the case, however the Court agreed with the argument made in the summary judgment motions and dismissed both defendants.
 
Defended a property owner in a matter where plaintiff allegedly tripped and fell over a bucket of hockey pucks that was left behind on the ice skating surface of the property owner.  As a result of the fall, plaintiff sustained multi-level disc herniations and bulges.  More than ten fact witness depositions were conducted by Mr. Kessler to establish that the property owner had no knowledge of the bucket of pucks being left on the ice.  The matter settled for $10,000, well below the initial demand. 
 
Mr. Kessler successfully mediated an oil-spill matter in which it was initially thought that two insurance carriers were the only responsible parties for the entire period of time during which the oil leached into the ground.  He was able to determine, through age dating, that the leak occurred during years when additional policies were in effect, and was further able to successfully negotiate a fair apportionment for “orphan years” amongst all four carriers.  The allocation for Mr. Kessler’s client decreased from nearly 50% to under 20% following discovery and mediation.
 
Reached settlement of less than half of initial demand in motor vehicle Personal Injury Protection benefits matter.  Care provider sought amounts for care and treatment provided to an individual due to injuries stemming from an auto accident. In this matter, handled through New Jersey’s Personal Injury Protection arbitration system, Mr. Kessler identified severe over-billing due to improper coding and failure to adhere to daily maximums for certain treatments.
 
Reached settlement in chemical exposure wrongful death claim.  Plaintiffs argued that defendant’s product, when heated, caused respirable fumes which were inhaled by the decedent and led to his diagnosis of lung cancer.  Mr. Kessler steadfastly argued a lack of causal connection between any alleged exposures and the malignancy.  Plaintiff’s agreed to settlement at a nominal amount in the face of a motion to dismiss for failure to provide scientific evidence that the alleged exposures contributed to the decedent’s disease.
 
Obtained Dismissal of the Complaint for Failure to State a Claim prior to providing an Answer on behalf of a national insurance carrier in an automobile action in which the Plaintiff, a passenger in the insured vehicle, alleged she was entitled to Personal Injury Protection benefits payable by the Carrier.  Successfully argued before the Superior Court that the Plaintiff was not considered to be a member of any of the classifications for whom coverage was provided.
 

News & Events:

Recent Successes:

PRESENTATIONS

March 2019 MBA Seminar, Speaker “The Benefit of Using a Medical Billing Expert on Your PI Case”

June 2019 OAS Seminar, Speaker and Mock Trial Participant “Direct & Cross Examination of an Employability/Life Care Plan Expert & Economist at Trial with Mock Trial”

 

Matthew P. Kessler

Associate
P: 201-432-7840
F: 201-432-3945
mpkessler@zarwin.com

Office:
Jersey City, NJ

PRACTICE AREAS
Automobile Insurance Coverage & Liability
Construction Defect
Construction Site Accident Liability
Environmental and Energy Practice
Liquor Liability
Premises and Habitational Liability
Products Liability
Property
Retail and Hospitality Liability
Trucking & Transportation
 
BAR ADMISSIONS
New Jersey
New York
Pennsylvania
 
COURT ADMISSIONS
Federal District Court of New Jersey
State of New Jersey
State of Pennsylvania
 
EDUCATION
B.S., Rutgers University, cum laude (2007)
J.D., Villanova University (2010)
 
HOME CONTACT SITE MAP DISCLAIMER © 2019 Zarwin Baum DeVito Kaplan Schaer Toddy P.C.