David A. Haworth focuses on environmental, products liability/toxic tort, commercial, construction, and real estate litigation and counseling. His significant environmental litigation experience includes prosecuting and defending remediation and natural resource damage claims in New Jersey and nationally under CERCLA/Superfund, the New Jersey Spill Act, the New Jersey Industrial Sites Recovery Act, and other statutes and common law.
He defends clients in a broad range of environmental issues, including PFAS-related claims. He has extensive experience with multi-party cost allocations and regularly serves as joint or common counsel for groups of parties in environmental actions.
David’s product liability and toxic tort litigation experience spans a wide variety of personal injury and property damage claims arising from environmental and workplace exposure to chemicals, from allegedly defective products and from contaminated real estate.
As a commercial litigator, David has extensive experience with disputes involving contractual breaches and general commercial issues; construction defects, liens, and sureties; builder performance; product liability; and consumer fraud litigation. He is also experienced in the litigation of real estate, engineering, and construction claims involving owners, developers, residential builders, and community associations and their professionals.
Experience
Representative Matters
- Represent a group of Fortune 500 companies in defending claims related to remediation costs for the Lower Passaic River in New Jersey expected to cost in excess of $2 billion, and with respect to related claims.
- Serve as common counsel for a group of former customers of a now-defunct waste transfer and disposal company responsible for remediation of the site.
- Represent a national pharmaceutical manufacturer with respect to allocations and environmental remediation issues and EPA negotiations at landfills in five states and with respect to ongoing environmental issues arising from various plant and property divestitures in the United States.
- Represents industrial, chemical, and pharmaceutical manufacturers and distributors on broad variety of issues including product distribution, workplace injuries, health and safety issues, and litigation and response to governmental subpoenas and inquiries
- Successfully tried a two-week franchise dispute between a national franchisor and an area franchisee involving fee nonpayment, breach of contract, and shareholder oppression issues
- Obtained summary judgment on behalf of a regional retailer enforcing a real estate acquisition agreement against a third party that claimed to have an option agreement to acquire the same properties
Professional Highlights
Pro Bono Experience
David is an active participant in Ballard Spahr's pro bono program and has represented numerous children in their pursuit of disability claims, as well as a variety of nonprofit organizations with contract issues. He successfully prosecuted a lawsuit to modify the terms of a trust on behalf of the nonprofit Batsto Citizens Committee, Inc., which works closely with the New Jersey Park Service to promote the restoration of Batsto Village in New Jersey's Wharton State Forest. The court determined that the project for which the trust was originally created had become infeasible and agreed to modify the trust.
Through the Community Health Law Project, David represented handicapped individuals in accessibility and construction disputes.
Through the Community Health Law Project, David represented handicapped individuals in accessibility and construction disputes.
Professional Activities
American Bar Association, member, Franchise Forum
New Jersey State Bar Association, member, Construction Law Section
Camden County Bar Association
Supreme Court of New Jersey, past member, District IV Ethics Committee
Recognition & Accomplishments
Chambers USA, Environment (New Jersey), 2023, 2024
Legal 500, Dispute resolution - Product liability, mass tort and class action - automotive/transport - defense, 2020, 2022-2024
Speaking Engagements
"PRP Contribution Claims Under CERCLA: Strategies for Cost Recovery Against Potentially Responsible Parties," Strafford, January 12, 2023
"Legal Considerations for the Industrial Hygienist," American Industrial Hygiene Association, February 19, 2015
"Navigating Real Estate Issues in the New Economy," Ballard Spahr presentation, November 17, 2011
"Litigating Using Expert Witnesses: Successful Discovery and Pre-trial Trial Strategies," CLE seminar through the Burlington County Bar Association, April 28, 2010
Board Memberships & Community Service
Cherry Hill Breakfast Rotary Club, Cherry Hill, N.J., past Vice President and Secretary
Publications
Co-author, "3rd Circ. Ruling Over NJ Merit Statute May Have Nat'l Impact," Law360, February 26, 2014
Credentials
Education
Rutgers, The State University of New Jersey School of Law-Camden (J.D. 1995)
Rutgers University (M.B.A. 1994)
The College of William and Mary (B.A. 1991)
Languages
German
Admissions
New Jersey
Pennsylvania
U.S. District Court for the District of New Jersey
U.S. District Court for the Eastern District of Pennsylvania
U.S. District Court for the Middle District of Pennsylvania
U.S. District Court for the Western District of Pennsylvania
U.S. District Court for the Eastern District of Michigan
U.S. Court of Appeals for the Third Circuit