Malaby Bradley


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T: 212.791.0285 x204
F: 212.791.0286

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Robert C. MalabyPartner

The firm's founding partner, Robert C. Malaby, began developing his litigation skills as an Assistant District Attorney in the Kings County District Attorney's office. While there, Mr. Malaby tried many cases and was assigned to the Homicide Bureau. He subsequently moved into private practice, joining the firm of Carter, Ledyard & Milburn in New York City. There, while handling the asbestos litigation on behalf of a major boiler manufacturer, he also acted as court-appointed defense liaison counsel, functioning as liaison between the large group of named defendants (nearly 150 defendants at that time) in the NYCAL, the Court (Justice Helen E. Freedman) and the Special Master (Laraine Pacheco). In addition, Mr. Malaby was appointed by Justice Freedman to serve on several asbestos litigation committees and to draft portions of the CMO presently in use in the NYCAL to ensure the efficient and expeditious handling of the thousands of asbestos cases now before the New York City courts. Subsequent Case Management Orders in several other jurisdictions have been modeled after the one developed in New York County.

Mr. Malaby is a leader in the asbestos defense bar, both in New York and nationally. He is routinely called upon to spearhead and participate in projects that are national in scope. Mr. Malaby was appointed by former U.S. District Judge James T. Giles to be a member of the Defendants' Steering Committee in MDL 875 (In re Asbestos Products Liability Litigation). In this capacity as a defense liaison in MDL 875, Mr. Malaby and the other committee members are instrumental in assisting the court in analyzing certain MDL issues and in providing suggestions to the court. Similarly, Mr. Malaby was appointed both by the NYCAL Special Master at the time (Laraine Pacheco) and the new NYCAL administrative judge (Sherry Klein Heitler) to a select committee to revise the existing CMO that governs the NYCAL docket. Also, Mr. Malaby is one of only two defense attorneys appointed by the Special Master to promulgate discovery schedules for all FIFO cases. More recently, Mr. Malaby sponsored a seminar regarding deposition practice in the NYCAL. Both Justice Heitler and the Special Master at the time participated in this seminar.

Mr. Malaby has extensive trial experience relating to products liability cases and has also tried antitrust, employment discrimination, wrongful termination, CERCLA, copyright infringement and RICO cases, as well as many asbestos cases. He co-authored "Environmental Claims," included in the three-volume treatise Commercial Litigation in New York Courts, published by West Publishing, as well as "Environmental Assessment Questionnaire," published in Corporate Counsel's Quarterly, which is intended to assist in-house lawyers and corporate litigation managers to more accurately determine potential environmental liabilities, including asbestos actions. He currently is trial counsel for a marine equipment manufacturer in New York and has tried asbestos cases for several clients in New York and other jurisdictions nationwide.

Mr. Malaby graduated from Hamilton College and the Georgetown University Law Center. While at Georgetown, Mr. Malaby was a member of the American Criminal Law Review. He is admitted to practice in New York.

Robert C. Malaby