Erik DiMarco maintains a national litigation practice in toxic tort, product liability, general liability and environmental litigation matters. As national, coordinating and/or supervising counsel, Erik handles litigation for numerous Fortune 500 and privately held corporations in numerous jurisdictions throughout the U.S. His unique experience defending U.S. government contractors and associated military defense operations has enabled him to develop specialized experience and viewpoints towards defending all of his clients, which include premise owners, product manufacturers, suppliers and distributors.

Erik has extensive experience in handling the defense of complex matters including toxic exposure claims, involving mold, latex and chemicals; sick building claims; general liability and premises liability claims including elevator and escalator defense, as well as environmental contamination and coverage.  In his representation of a large real estate investment trust in New York City, Erik defended hundreds of cases involving stair, elevator and burn injuries.  Erik also handles general liability escalator claims for Tishman Construction.   In many cases, he has worked with his corporate clients to develop information as to their historical product lines and subsidiary acquisition, analyzing historical asset and liability transfer agreements and successor liability issues.

Many of Erik’s engagements involve the representation of manufacturers of military aircraft and submarines, as well as operators of nuclear training facilities, in the direct defense of claims related to the use of asbestos materials. He specializes in the impact of litigation discovery on national security and federal law compliance considerations. On these matters, he regularly collaborates with U.S. Navy officers as well as specialists in the area of compliance with federal regulations including the International Traffic in Arms Regulations (ITAR), Atomic Energy Act and the Arms Export Control Act.

Prior to joining GRSM, Erik was a partner in a national law firm, leading its Toxic Tort, Environmental & Energy Practice in New York. In 2016, Erik and his partner, Virginia Squitieri, accepted an invitation to join GRSM, bringing along numerous clients as well their team of associates, paralegals and support staff.

Admissions

• New York
• Connecticut
• Massachusetts
• U.S. Supreme Court
• U.S. District Court, Southern, Western, Eastern, and Northern Districts of New York
• U.S. District Court, District of Pennsylvania
• U.S. District Court, District of Massachusetts
• U.S. District Court, District of Connecticut
• U.S. District Court, Eastern and Northern Districts of Texas

Memberships

• Defense Research Institute
• New York State Bar Association

• Richard Simpson v. Ericsson, et al. (2009) – Judge Richard T. Aulisi (Schenectady County)
  • Served as second chair trial counsel in this mesothelioma case
  • Outcome: Jury Verdict For Plaintiff; Client found responsible for 1% of verdict
• Gallo v. Ecodyne, et al (2010) – Judge Richard T. Aulisi (Essex County)
  • Served as first chair trial counsel in this mesothelioma case
  • Outcome: Case resolved during jury selection
• Kirchner v. Fel-Pro, et al. (2011) – Judge Richard T. Aulisi (Sullivan County)
  • Served as second chair trial counsel in this mesothelioma case
  • Outcome: Directed Verdict for Client at close of evidence
• Colasanti v. American Biltrite, et al. (2014) – Judge Charles Merrell (Onondaga County)
  • Served as second chair trial counsel in this lung cancer case
  • Outcome: $0 to client; Jury Verdict for Plaintiff in amount exceeded by other settlements
• Chisholm v. Vanderbilt (2015) – Judge Richard T. Aulisi (Schenectady County)
  • Served as second chair trial counsel in this mesothelioma case
  • Outcome: Jury Verdict for Plaintiff; Client sole defendant; Verdict amount remitted on motion post-verdict;   case resolved during post-trial appeal
• Langevin v. Vanderbilt (2018) – Judge Richard T. Aulisi (St. Lawrence County)
  • Served as first chair trial counsel in this mesothelioma case
  • Outcome: Case resolved during voir dire
• Morley v. Aurora Pump (2019) – Judge Scott DelConte (Onondaga County)
  • Served as first chair trial counsel in this mesothelioma case
  • Outcome: Case resolved during voir dire
• Brown v. Troy Belting (2019) – Judge Richard T. Aulisi (Albany County)
  • Served as first chair trial counsel in this mesothelioma case
  • Outcome: Case resolved after my opening statement

• Secured summary judgment on behalf of industrial talc manufacturer (NYCAL - 2020)
• Obtained the first summary judgment decision on causation in the State of New York on behalf of a cosmetic talc manufacturer (2019)
• Secured decision dismissing all causes of action asserted by plaintiff in a toxic tort case based upon judicial estoppel  (S.D.N.Y. - 2017)
• Successfully represented multiple clients in trial of product liability/toxic tort claims in the New York City asbestos litigation and upstate New York asbestos litigation.
• Litigated hundreds of general liability claims through New York City and New York State including, elevator, escalator, and general premises claims.
• Experience representing real estate investment trusts and building owners in multiple facets of litigation throughout New York.
• Particular experience in litigation involving restricted and protected information involved with prime contractors and subcontractors involved in military defense operations.
• Obtained first decision granting summary judgment based upon the government contractor defense before Judge Eduardo Robreno in the Multi-District Asbestos Litigation. (See Boston, et al v. Eastern Refractories Company, et al., August 2010)
• Development of client’s successful defense based upon government contractor defense, Feres Doctrine and the Combatant’s Activity Exception to the Federal Tort Claims Act.
• Retained to defend litigation for prime contractor operating nuclear training facilities for the U.S. Department of Energy and U.S. Navy.
• Obtained decision quashing subpoena’s served on client seeking documents relating to equipment and operations at a nuclear research facility involving the Naval Nuclear Propulsion Program.
   

Presentations

Mr. DiMarco has spoken at numerous industry events on panels involving the day-to-day litigation of cases and in private sessions with clients addressing recommended strategies to employ on individual and global litigation matters.