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Alan S. Modlinger is Counsel to the firm’s Litigation Department and focuses his practice on commercial litigation, with particular emphasis on the pharmaceutical industry and appellate practice. Mr. Modlinger has been integrally involved in a number of appeals, including Boyle v. Ford Motor Company, 399 N.J. Super. 18 (2008), in which Lowenstein achieved the reversal of a multi-million dollar verdict and obtained a critical legal ruling for automobile manufacturers, and McDarby v. Merck & Co., Inc., 401 N.J. Super. 10 (2008), in which the court held that New Jersey Consumer Fraud Act claims were not available in the massive product liability litigation involving Merck’s drug Vioxx®. Mr. Modlinger was instrumental in achieving the recent dismissal of RICO, Consumer Fraud Act and other claims brought by a putative class of third-party payors against Schering-Plough, in which the plaintiffs alleged injury arising from the defendants' supposed marketing of oncology drugs for "off-label" indications. This victory was profiled in TheAmericanLawyer.com on July 20, 2009.
Mr. Modlinger is the coordinator of the firm’s Appellate Practice Group. He is also a member of the firm’s Class Action and Derivative Litigation Group, and has been part the Lowenstein teams defending several class action lawsuits against a major pharmaceutical manufacturer. He has handled a broad range of commercial matters, including breach of contract, fraud, and RICO actions.
Prior to joining Lowenstein Sandler, Mr. Modlinger worked as a Trial Attorney in the Federal Programs Branch of the U.S. Department of Justice, Civil Division, in Washington, D.C. where he defended federal agencies in challenges to government policies and programs and served as lead counsel in several matters involving constitutional and regulatory issues. Mr. Modlinger was formerly associated with the firm of Kirkland & Ellis.
Mr. Modlinger also served as a judicial clerk to The Honorable John D. Bates, District Judge, U.S. District Court, District of Columbia, Washington, D.C., from 2002-2003.
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In a Wall Street Journal article, Alan Modlinger comments on the gray areas in the laws concerning surrogacy contracts. In a recent case, a New Jersey judge recently ruled that a gestational surrogate who gave birth to twins is their legal mother, even though she is not genetically related to them. The ruling gives the woman, who carried the babies in an arrangement with her brother and his male partner, the right to seek primary custody of the children. Mr. Modlinger represents the couple pro bono.,
Wall Street Journal, January 15, 2010
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Alan Modlinger comments on a New Jersey judge's ruling that a gestational surrogate who gave birth to twins is their legal mother, even though she is not genetically related to them. The ruling gives the woman, who carried the babies in an arrangement with her brother and his male partner, the right to seek primary custody of the children. Mr. Modlinger represents the couple pro bono in a case that has received national media attention including coverage in The New York Times, msnbc.com, The Philadelphia Inquirer, and The Star Ledger.,
January 1, 2010
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Yale Law School
(J.D., 1999)
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University of Pennsylvania
(B.A., 1996),
summa cum laude, Benjamin Franklin Scholar
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U.S. District Court, District of Columbia, Honorable John D. Bates
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New Jersey
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New York
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- American Bar Association
- Member, Section of Litigation, Committees on Appellate Practice, Products Liability, and Health Law
- Member, Council of Appellate Lawyers
- Contributing Editor, Practical Guide to Appellate Advocacy (forthcoming 2009)
- Member, Advisory Panel
- New Jersey State Bar Association
- Member, Federal Practice and Procedure Section
- Member, Appellate Practice Committee
- Member, Class Action Committee
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