Michael Testa

Michael J. Testa

Michael J. Testa is an associate in the firm’s Complex Commercial Disputes practice group. He regularly defends product manufacturers and premises owners who face toxic tort (asbestos/talc) related litigation. He also has experience litigating products liability, professional liability and other civil matters.

Michael is admitted to practice in New Jersey, New York, and the United States District Courts for the Eastern and Southern Districts of New York, as well as New Jersey. His admission to practice in Illinois is pending and he is currently supervised by attorneys who are admitted to practice in Illinois.

What do you focus on?

I focus my practice on toxic tort, products liability, hazardous substances and complex commercial litigation. I have served as both local and national counsel for various equipment and product manufacturers. In that capacity, I have experience in all stages of litigation defense, including developing defense strategy, drafting and arguing motions, conducting and defending depositions, negotiating settlements, participating in arbitrations and mediations, and preparing for and appearing at trial. I have also drafted numerous appellate briefs and argued before New York’s Appellate Division.

I also have extensive experience representing attorneys, accountants, business professionals and real estate professionals in professional liability related litigation.

Representative Experience

  • Acted as second chair at various New York City Asbestos Litigation (“NYCAL”) trials.
  • Successfully argued a NYCAL summary judgment motion dismissing a punitive damages claim as against a product manufacturer.
  • Argued appeals before New York’s Appellate Division.
  • Acted as second chair at legal malpractice Federal Court trials in the Eastern District of New York.

What do you see on the horizon?

While the asbestos litigation has been around for some time, it continues to evolve. In the coming years, as scientific theories and studies continue to advance, we can expect new defense strategies to emerge. Further, as “traditional” asbestos defendants become insolvent, additional equipment and product manufacturers, as well as premises owners, will become involved in the litigation. As counsel, we not only need to adequately represent our clients, but prepare them for changes in the litigation.

Prior Experience

Before joining Nixon Peabody, Michael was an associate in the New York office of a U.S.-based litigation firm.


Michael J. Testa



Phone: 312-977-4448

Fax: 844-927-0804

Brooklyn Law School, J.D.

Columbia University, B.A.

New Jersey

New York

U.S. District Court, District of New Jersey

U.S. District Court, Eastern District of New York

U.S. District Court, Southern District of New York

Michael is a member of the American Bar Association and New York Bar Association. He has served as a Law Report Author for the Commercial Division Committee of the New York Bar Association.

Michael is an active member of an advocate for Cycle for Survival, an organization committed to raising funds for rare cancer research.

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