Janine Mastellone is an experienced and dedicated advocate who maintains a diverse legal practice, counseling and defending a wide spectrum of private, institutional, municipal and hospitality clients. A large part of her extensive legal experience stems from defending governments and public officials and police liability matters. In addition to her municipal practice, Janine is regularly retained to defend high-exposure general liability claims, including sexual molestation and abuse claims against businesses, government agencies, religious organizations and schools. She also provides representation in complex commercial and financial disputes.

Prior to joining Wilson Elser, Janine served four years as an assistant district attorney in the Orange County District Attorney’s Office in New York, where she was the domestic violence coordinator in the Violent Felony Unit handling violent crimes including sex crimes. Through this experience, she honed her investigative and communication skills.  Janine possesses an innate ability to identify the needs of her client and communicate them effectively throughout the litigation process.

Areas of Focus

Municipal & Employment
A former prosecutor, Janine regularly provides insight and advice to municipal clients on claims of wrongful conviction, malicious prosecution, excessive force, false arrest, false imprisonment, negligent supervision and training, premises liability and sexual abuse.  She also defends a variety of prisoner-related claims, including those involving the treatment, diagnoses and prevention of COVID-19 in correctional facilities. She also is retained to represent police officers, firefighters and municipal entities on various employment and labor law matters, including claims of discrimination and retaliation. 

General Commercial
Janine is regularly retained to defend high-exposure general liability claims and provide representation in complex commercial and financial disputes. She provides advice and insight in business disputes involving breach of contract and contract-related claims. 

Medical Malpractice
Janine defends various claims brought against licensed and certified health care professionals, nursing homes and long-term care facilities. Cases that she handles in connection with nursing homes typically arise from the development of decubitus ulcers, falls leading to serious injuries and allegations of failure to diagnose or properly treat a patient, including claims involving COVID-19. 

    Education

    • Albany Law School (J.D., 1995)
    • Hofstra University (B.A., 1992)
      • cum laude

    Bar Admissions

    • New York
    • Massachusetts

    Court Admissions

    • U.S. Court of Appeals, Second Circuit
    • U.S. District Court, Eastern District of New York
    • U.S. District Court, Southern District of New York

    Professional Affiliations

    • Association of Professional Insurance Women
    • Claims & Litigation Management Alliance