Eric W.F. Niederer Partner



Eric Niederer handles health care liability/licensure investigations, product liability/CPSC Recall, toxic tort/asbestos/lead paint, food contamination/pharmaceutical/FDA Recall, medical device, vaping/lithium ion battery, wrongful death, commercial loss/unfair trade practices/unfair trade secrets, e-discovery/cyber, transportation, catastrophic loss and high-exposure matters in state and federal courts. Eric is acting national litigation coordinating counsel for several clients and has coordinated international litigation including cross-border recall litigation. He acts as national monitoring counsel for high-exposure matters; provides risk management, consultation and emergency response services; and is routinely admitted across the United States as national trial counsel.

Eric has written various publications and consulted and lectured on a variety of topics, including negotiation strategy, substantive law, civil procedure and specific topics, at conferences and to claims handlers, attorneys and physicians. Eric routinely handles catastrophic loss and wrongful death matters in a myriad of actions with direct day-to-day development, implementation and handling of the overall litigation strategy and activities in a variety of low-exposure to high-exposure cases up to and through trial, including appellate practice. Eric’s knowledge, abilities and effective representation have been recognized by industry leaders and organizations through speaking engagements, consulting, publications, awards and distinctions.

Areas of Focus

Catastrophic Loss / Wrongful Death 
Throughout Eric’s career he has handled a variety of personal injury and economic loss actions with claimed losses in excess of tens of millions of dollars. He tried jury cases to conclusion, such as brain injury and other cases with demands the in millions of dollars. He is routinely retained as national trial counsel and consults/monitors on large exposure matters.

Professional Liability / Licensure
Eric has defended nearly all types of allied health care providers, specialists and hospitalists, as well as hospitals, nursing homes, assisted-living facilities and other medical facilities in a wide variety of health care liability cases and before the Department of Public Health. He also represents medical professionals, accountants and others in actions against professional licenses in state and federal courts and before ethics committees of professional organizations and licensing boards.

Product Liability
Eric has represented national and international manufacturers, distributors, retailers and product owners in product liability, food contamination, vaping/lithium ion battery and commercial loss actions, including recall litigation in state and federal courts. He has represented medical device manufacturers, distributors and retailers and pharmaceutical companies in various matters, including FDA and CPSC recall litigation. During his career, he has worked with national coordinating counsel for one of the largest international tool manufacturers in the world and assisted in the development of national and Canadian litigation guidelines.

Eric represents companies and individuals in transportation/FMCSA actions across the United States for U.S. and international clients. He is a member of the emergency response team traveling across the country to respond to catastrophic losses and assist in investigation, documentation and preservation. Eric is a former driver who operated a variety of construction, commercial and military vehicles.

Toxic Tort / Asbestos / Lead Paint 
Eric is experienced in the area of toxic torts, including matters relating to asbestos, lead paint and other environmental toxin exposures. He represents manufacturers and distributors as well as premises owners.

e-Discovery / Cyber 
Eric consults on and handles a variety e-discovery and cyber issues, including litigated matters. He actively engages in risk management, identification, preservation, production and litigation of e-discovery and cyber matters.

Commercial / Unfair Trade Practices 
Eric handles commercial and business loss, unfair trade practices, unfair trade secret and tortious interference litigation. He represents corporate designers, manufacturers, distributors and retailers in a variety of claims.

Representative Matters

Smith, Adm’r v. Mediplex of Westport, 273 Conn. 508 (2005). Appeal dismissed in client’s favor.

Bonsanti v. Newman (Conn. Super. Ct. 2006). Represented defendant. Case of first impression with decision in favor of our client’s position that write-offs by a medical provider pursuant to a contract between that medical provider and an ERISA plan beneficiary are reduced upon post-verdict motion for remittitur.