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Loly Garcia Tor

Partner
+1.973.848.4026
Fax +1.973.848.4001

Ms. Tor’s practice focuses on complex civil litigation, arbitration, and appellate practice, primarily in the areas of product liability, construction litigation, and commercial litigation. She routinely litigates complex matters in state and federal courts throughout the country. Ms. Tor has significant experience defending class actions related to allegations of consumer fraud and allegedly defective consumer and building products.

Ms. Tor represents manufacturers and retailers of consumer and building products and pharmaceutical drug companies as well as real estate developers and general contractors in a wide variety of civil disputes involving product liability claims, construction and design defect claims, personal injury claims, mold contamination claims, and insurance coverage issues.

Because of her experience in federal court, Ms. Tor is often sought out as local counsel in intellectual property matters, including Hatch-Waxman and patent infringement litigation.

Ms. Tor was recognized as one of New Jersey’s “New Leaders of the Bar” by the New Jersey Law Journal for 2014. Ms. Tor is also a Leadership in Energy and Environmental Design Accredited Professional (LEED®-AP). Additionally, Ms. Tor was recognized as a New Jersey Super Lawyers "Rising Star" in 2009, 2010, 2011, 2014, and 2015.

Professional Background

Prior to joining K&L Gates, Ms. Tor was a law clerk for the Honorable Erminie L. Conley, P.J.A.D., of the New Jersey Superior Court, Appellate Division. She was also an associate in the construction practice group of a major New Jersey law firm. During law school, Ms. Tor interned with the Honorable Garrett E. Brown, Jr., of the United States District Court for the District of New Jersey, and with the Office of the Massachusetts Attorney General, Environmental Protection Division.

Professional/Civic Activities

  • New Jersey State Bar Association, Class Actions Committee
  • New Jersey Women Lawyers Association, Judicial Outreach Committee
  • John C. Lifland American Inn of Court

Speaking Engagements

  • “The Evolving Nature of Class Actions in New Jersey,” New Jersey State Bar Association 2016 Annual Meeting and Convention, May 19, 2016.
  • “New Jersey Law Update: Are Your Arbitration Provisions Enforceable?,” Association of Corporate Counsel New Jersey CLE program, April 21, 2015.
  • “Timing Issues: Statute of Limitations,” Construction Law 2014: Handling the Construction Defect Case, NJICLE, June 4, 2014.
  • “Warranties and Construction Contracts,” Construction Law 2012: Tackling Contract Provisions and Insurance Issues, NJICLE, June 2012.
  • “Mold Litigation,” NJICLE Hot Topics in Real Estate Law, September 2011.
  • “How to Market Green Buildings and Materials: Complying with Applicable Green Standards and Laws,” 2010 International Builders' Show, January 2010.
  • “Green Building Products: Can They Perform as Promised,” 2009 International Builders’ Show, January 2009.
 
Consumer and Building Products Litigation 
  • Representation of a window manufacturer in eighteen class actions consolidated in a federal multi-district litigation based on allegations of breach of warranty, consumer fraud, and other claims relating to allegedly defective windows.
  • Representation of a retailer in a state-wide putative class action based on allegations of consumer fraud, breach of warranty, and unjust enrichment relating to the sale of motor oil.
  • Representation of retailers in putative class actions based on alleged violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
  • Representation of a dishwasher manufacturer in nationwide and state-based putative class actions based on allegations of breach of warranty, consumer fraud, and other claims relating to allegedly defective dishwashers.
  • Representation of a microwave manufacturer in a nationwide and state-based putative class action based on allegations of negligence, strict liability, breach of warranty, and other claims relating to allegedly defective microwaves.
Construction Litigation
  • Representation of a home builder with respect to numerous warranty and consumer fraud-based lawsuits filed throughout the country relating to alleged construction defects and with respect to personal injury actions based on alleged exposure to mold.
  • Representation of home builders with respect to litigations brought by condominium owners’ associations seeking multi-million dollar damages for alleged construction and design defects in condominium complexes.
  • Representation of a home builder in various jurisdictions relating to bodily injury claims of subcontractor employees, including employees who sustained brain injuries in falls on construction sites, including both defending against the personal injury action and seeking insurance coverage as an additional insured.
  • Representation of a home builder in over 70 arbitrations regarding disputes with defaulting purchasers over the retention of deposits for the purchase of condominiums.
Pharmaceutical Litigation
  • Representation of a pharmaceutical drug company with respect to numerous litigations (including both individual actions and a class action) throughout the country based on allegations of manufacturing defects.
  • Representation of a pharmaceutical drug company in federal multi-district litigations, New Jersey-based multicounty litigation, and individual actions with respect to allegations of personal injuries caused by prescription drug.
Intellectual Property Litigation
  • Representation of publisher of health care periodicals in proceeding before the Trademark Trial and Appeal Board to oppose the registration of a trademark.
  • Representation of fitness center chain in prosecution of trademark and service mark infringement action against alleged infringer.
  • Representation of generic pharmaceutical drug company in Hatch-Waxman pharmaceutical patent litigations as local counsel.
  • Representation of branded pharmaceutical drug companies in patent infringement litigation as local counsel.
Reported Cases