Joseph A. Fischetti Counsel

New JerseyNew York
T 973.422.6506 | F 973.422.6507



Joseph’s practice focuses on representing corporate and institutional clients in complex commercial litigation and arbitration, with an emphasis on consumer fraud class actions and financial markets litigation. He also regularly steps in to represent clients in high-stakes appeals following adverse trial results. Joseph has represented clients in cases across the country, including New York, New Jersey, California, Delaware, Florida, Maryland, and Massachusetts. He excels at breaking intricate legal and factual issues into their core components, providing simplicity and clarity for courts and clients alike.

Joseph also maintains a deep commitment to the firm’s pro bono program. He currently represents a Colombian refugee seeking asylum due to political persecution. His other pro bono cases have included complex procedural and constitutional matters before the U.S. Supreme Court and other appellate courts.

Before joining Lowenstein Sandler, Joseph was a law clerk to the Honorable Katharine S. Hayden of the U.S. District Court for the District of New Jersey and the Honorable Stuart J. Rabner, Chief Justice of the New Jersey Supreme Court. Prior to law school, Joseph worked as a legislative assistant at a law firm in Washington, D.C., specializing in governmental affairs issues in the financial services industry.

Representative Engagements

Represents institutional investors as plaintiffs in the civil prosecution of security fraud cases.
Defeated certification of a class of ratepayers suing a Massachusetts electric utility for damages caused by widespread and lengthy blackouts following a major winter storm. Successfully defended that result on appeal to the Massachusetts Supreme Judicial Court, which resulted in one of the key Supreme Judicial Court opinions addressing the standards for class certification in Massachusetts.
Currently representing a major biotechnology company in New Jersey state court in a 350-plaintiff case involving claims related to the use of human acellular dermal matrices in ventral hernia surgery and abdominal wall reconstruction.
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Other Distinctions

  • ABA/BNA (2010) – Recipient of Award for Excellence in labor and employment law.

Speaking Engagements

  • Panelist, “Does How We Regulate Business Matter? The TCCWNA Tidal Wave: Causes, Consequences & Responses,” New Jersey Civil Justice Institute, October 11, 2016

  • Speaker, “Contract Drafting to Avoid or Mitigate Class Action Exposure,” Lowenstein Sandler’s Spring Alumni CLE Day, June 7, 2016

  • Panelist, “The Evolving Nature of Class Actions in New Jersey,” New Jersey State Bar Association Annual Meeting and Convention, May 19, 2016

  • Speaker, “In Privity or Not? Strategies to Mitigate Class Action Exposure,” Lowenstein Sandler’s Fall Alumni CLE Day, November 18, 2015

  • Panelist, “Latest Developments in Class Action Litigation,” New Jersey State Bar Association Annual Meeting and Convention, May 14, 2015

  • Speaker, “Consumer Protection Law and Life Sciences: Preventive Strategies to Mitigate Potential Liability,” ACC NJ and Lowenstein Sandler Life Sciences Breakfast Series, January 22, 2015

Publications

New Jersey Assembly Passes Anti-Forum Selection Clause
Class Action Litigation Client Alert, January 27, 2017
Joseph Fischetti
What Must “No-Injury” Suits Allege to Satisfy Article III Standing to Sue in Federal Court?
Class Action Client Alert, May 17, 2016
Gavin Rooney, Reynold Lambert, Joseph Fischetti
State Courts May Become Sole No-Injury Class Action Forum
Law 360, January 8, 2016
Gavin Rooney, Joseph Fischetti, Amy Schwind
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Press Mentions

Joseph Fischetti is quoted in Law360 regarding his comments on a panel at the New Jersey State Bar Association Annual Meeting and Convention on the subject of recent developments and trends in New Jersey class action practice. , Law360 , May 19, 2016
Michael Himmel, Michael T.G. LongJamie Gottlieb Furia and Joseph Fischetti are mentioned in Law360 regarding their successful representation of NJ’s Division of Investments on behalf of shareholders of Cliffs Natural Resources against Cliffs and certain of its officers. An $84 million settlement was recently announced. , Law360 , February 8, 2016
Lowenstein Sandler co-represented Pacira Pharmaceuticals, Inc. (NASDAQ: PCRX) in its lawsuit against the U.S. Food and Drug Administration (FDA). Pacira Pharmaceuticals filed a lawsuit against the agency earlier this year to address an FDA warning letter regarding the anesthetic non-opioid drug Exparel. Although the label authorized specific doses for certain operations, the FDA had approved Exparel with a broad indication, and Pacira promoted the drug accordingly. We successfully argued in the lawsuit that Pacira has a First Amendment right to promote Exparel in accordance with the FDA-approved broad indication. Pacira and the FDA came to an amicable resolution agreement on the marketing of Exparel, and the FDA withdrew its warning letter. Pacira was also represented by Ropes & Gray LLP and Latham & Watkins LLP. The Lowenstein deal team was led by Michael Lerner, Maureen Ruane, and Joseph Fischetti. , December 15, 2015
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Related Areas

Appellate
Business Litigation
Class Action Litigation
Global Capital Markets Litigation
Litigation

Education


Seton Hall University School of Law ( J.D. , 2010 ) , magna cum laude; Seton Hall Law Review, Executive Editor
George Washington University ( B.A. , 2005 ) , cum laude, History and Political Science

Bar Admissions


New York
New Jersey

Court Admissions


U.S. District Court, District of New Jersey
U.S. Court of Appeals, Third Circuit
U.S. District Court, Southern District of New York

Affiliations


  • New Jersey Bar Association 
    • Young Lawyers Division
    • Federal Practice and Procedure Section
    • Class Actions Committee
  • Association of the Federal Bar of New Jersey
  • Historical Society of the United States District Court for the District of New Jersey
  • American Bar Association
    • Class Actions & Derivative Suits Committee