Joni Katz Mackler

Ms. Mackler joined Curley & Curley P.C. in 1998 with eight years of complex litigation experience defending toxic tort and product liability matters. Ms. Mackler has further developed her toxic torts practice at Curley & Curley P.C. by focusing on asbestos, lead paint, latex, pesticide, mold, carbon monoxide, diesel exhaust, benzene, and other chemical-related litigation.

Ms. Mackler has been involved in the defense of asbestos personal injury matters since 1990, representing various defendants in the asbestos litigation from manufacturers and distributors of asbestos-containing products as well as products utilizing asbestos-containing components, such as gaskets, to railroads sued as premises liability defendants. She has an intimate working knowledge of the Massachusetts asbestos litigation, having worked directly for defendants’ liaison counsel during the early years of her career and maintaining relationships within the asbestos defense group.

In her representation of a local New England railroad, Ms. Mackler acts as national counsel when asbestos matters are filed outside of Massachusetts in other New England states, including Rhode Island, Connecticut, Maine and New York. Additionally, she has been involved in defending the railroad in federal court asbestos cases that have been transferred to the Multi-District Litigation 875 pending in the United States District Court of the E.D. of Pennsylvania. She has also defended the railroad in non-asbestos toxic torts matters as well involving alleged personal injuries from exposure to diesel exhaust and benzene. In connection with handling of toxic tort litigation for the railroad, Ms. Mackler is experienced in defending claims brought under the Federal Employer’s Liability Act.

Through her toxic torts practice, Ms. Mackler has established invaluable relationships with various top scientific and medical experts. Through these relationships, she has gained much knowledge not only in the scientific literature, but also with regard to neuropsychological testing and SPECT scans, which are often utilized by plaintiffs’ experts to support their causation opinions when alleged brain injuries are involved.

Ms. Mackler is experienced in waging Daubert-Lanigan challenges of plaintiffs’ medical and scientific experts, and specializes in researching and writing complex briefs on various scientific and medical issues. She was involved in the defense of the reported Norfolk Superior Court decision of Rhilinger v. Janscics, et al. which involved a Daubert-Lanigan challenge of admissibility of plaintiff’s industrial hygienist and occupational medicine expert testimony as well as brain SPECT scans and immunological testing.

In conjunction with Mr. Curley, Ms. Mackler, currently is involved in a Daubert-Lanigan challenge in an alleged low level carbon monoxide and mold exposure matter on behalf of the owner and management company of an apartment complex in which they are seeking exclusion of testimony of plaintiff’s medical expert, neuropsychologist, and physiologist as well as brain SPECT scans.

Ms. Mackler has been involved with several insurance coverage matters and has developed and presented a training seminar for the interpretation of contractor general liability policies. She has published articles in the Best of MCLE Journal (Law of Scientific and Technical Evidence and Working with Experts) and Boston College Environmental Affairs Law Review.

Outside of her practice, Ms. Mackler is a member of the Massachusetts Bar Association, Massachusetts Defense Lawyers Association, National Association of Railroad Trial Counsel, Leventhal-Sidman Newton Jewish Community Center, and Temple Beth Avodah. She enjoys spending time with her family, exercising and playing volleyball, and is an avid skier.

Areas of practice:

• Toxic Tort Defense
• Products Liability
• Premises Liability
• Federal Employers Liability Act (FELA) Defense
• Civil Litigation
• Warranty/Lemon Law Litigation

Admitted:

• Massachusetts, 1990
• United States District Court, 1992

Education:

• J.D., cum laude, Boston College, 1990
• B.S., Cornell University, 1985

Memberships:

• Massachusetts Bar Association
• Massachusetts Defense Lawyers Association

Activities & awards:

• Phi Delta Phi, Past Member
• Environmental Affairs Law Review, Boston College, 1988-1990
• Publications
• Author: "Hazardous Working Conditions and Fetal Protection Policies: Women Are Going Back to the Future," Boston College Environmental Affairs Law Review, Vol. 17:1; 201-230 (1989);
• Co-Author: "Law of Scientific and Technical Evidence and Working with Experts," The Best of MCLE Journal, Vol. 6:3; 85-100 (May 1995)

Reported Decisions:

• Rhilinger v. Jancsics, et al., 8 Mass. L. Rep. 373, 1997 Mass. Super. LEXIS 11 (Daubert-Lanigan challenge of plaintiff’s expert testimony in toxic tort matter)
• Harris v. O’Higgins, 2000 Mass. App. Div. 79; 2000 Mass. App. Div. LEXIS 28 (summary judgment affirmed for defendant cat owner on grounds that he had no duty to neighbor to prevent cat from wandering onto premises as there was no evidence that owner should have known that cat was vicious)

Call 617-523-2990 to speak to Joni Katz Mackler.