Mr. Abate is national counsel for a pharmaceutical company involving personal injury claims, which have also included class action claims, for the prescription medicine diethylstilbestrol, and he has also worked with expert medical witnesses in many fields. He also served as national discovery counsel for a medical device company for nationwide litigation involving spinal implants. Mr. Abate has been part of a national counsel team managing multidistrict litigation involving an atypical antipsychotic medicine. And he has served as counsel for other product liability cases involving pharmaceutical products and medical devices, and for a major pharmacy chain in the diet drug litigation.
Mr. Abate played a role in rulings which established favorable law in New York for product liability defendants on issues including the statute of limitations, non-identification liability, the viability of claims of third-generation plaintiffs, loss of consortium, discovery, the borrowing statute, and a revival statute.
Mr. Abate has handled a variety of commercial litigation matters, and he successfully challenged a mal-apportioned legislative body, resulting in the court-ordered restructuring of the Rockland County, NY legislature.