Mr. Waller is an experienced litigator with a diverse litigation practice. His primary areas of practice involve toxic tort; products liability; and complex commercial claims. Mr. Waller acts as regional trial and litigation counsel in handling and managing asbestos-related litigation for several of the firm’s clients. His litigation experience also includes environmental clean-up, cost recovery, and contribution litigation; underground storage tank litigation; Superfund and RCRA liability litigation; defending clients in premises liability claims arising from asbestos and environmental contamination claims; and insurance coverage litigation primarily arising from environmental claims.
His current clients include manufacturers of various commercial products and industrial equipment, including cast iron pipe, plumbing equipment, valves, steel fabricating, fire suppression equipment, and heating and air (HVAC) equipment; a marine construction and dredging company; a telecommunications services company; management and consulting services firms; and an entertainment and live events company. He has jury, non-jury, appellate and alternate dispute resolution experience.
Mr. Waller was part of the trial team that secured a groundbreaking antitrust jury verdict for Continuant, Inc./Telecom Labs, Inc. (TLI), an independent provider of maintenance services for telephone equipment, in the U.S. District Court for the District of New Jersey. Following a six-and-a-half month trial, a New Jersey federal jury returned a $20 million antitrust verdict (which will be automatically trebled to $60 million) in favor of the client. (Avaya Inc. v. Telecom Labs Inc. et al.) The case was the first antitrust claim of its type (single product aftermarket) to make it to trial and to a successful verdict since the U.S. Supreme Court recognized the claim in 1992 in Eastman Kodak Company v. Image Technical Services, Inc., 504 U.S. 451 (1992).
In a subsequent landmark ruling, the New Jersey federal court awarded TLI $2.6 million in prejudgment interest. This is the first time in history prejudgment interest has been awarded in an antitrust lawsuit brought under the federal statute.
Prior to joining K&L Gates, Mr. Waller was a partner in the environmental and litigation practice groups at a major New Jersey law firm.