Kenneth S. Merber


P:201-312-6295 ext. 106

Meet Kenneth

Kenneth S. Merber concentrates his practice in the areas of commercial litigation, insurance defense and insurance coverage litigation, labor & employment practices, medical malpractice, legal malpractice, accounting malpractice and other professional liability claims, labor law, and contract, construction and surety law. Mr. Merber has litigated medical malpractice claims involving internal medicine, orthopaedics and orthopaedic surgery, cardiology, cardiothoracic surgery, vascular surgery, neurology, neurosurgery, psychiatry, radiology, oncology, plastic surgery, podiatry, hematology, obstetrics and gynecology, pathology, gastroenterology, emergency medicine and other medical specialties. Mr. Merber has extensive experience defending claims against physicians, nursing homes and assisted living facilities.  His aggressive and tenacious style coupled with his extensive preparation have contributed to his excellent reputation and outstanding results at pre-trial proceedings, mediations, arbitrations, both jury and non-jury trials, and appeals.

Mr. Merber has spoken publicly and given Continuing Legal Education (CLE) lectures for the New York State Bar Association on such subjects as product liability claims and the complexities of Article 50-b of New York’s Civil Practice Laws and Rules (CPLR) as it relates to the reduction of substantial verdicts to present value and post-trial proceedings related to jury verdicts. Mr. Merber has won jury verdicts in medical malpractice, labor law, premises liability, motor vehicle accident and general liability cases. He has also successfully prosecuted and defended insurance coverage lawsuits and declaratory judgment actions, obtaining substantial recoveries of litigation costs and expenses, including attorneys’ fees incurred by his clients from other insurers.

Click here to view some of Kenneth’s Career Highlights.


  • Member, GW Law School's Moot Court Board Honor Society
  • President, GW Law School's Phi Alpha Delta Law Fraternity
Prior Work Experience
  • Mr. Merber was previously associated with a major construction law firm in New York City, where he specialized in federal and state complex litigation and arbitrated construction claims and appeals.
  • Mr. Merber served as a judicial intern for the Honorable Eric G. Bruggink at the U.S. Claims Court in Washington, D.C.

Practice Areas

  • Construction Accident
  • Construction Defect
  • Environmental
  • Excess Insurance Monitoring / Substitution Counsel
  • Insurance Coverage and Litigation
  • Life Sciences
  • Premises Liability
  • Labor and Employment
  • Professional Liability
  • Product Liability Defense
  • Restaurant and Innkeeper Liability
  • Trucking and Transportation
  • Directors & Officers Litigation


  • New York
  • New Jersey
  • Florida
  • District of Columbia
  • U.S. District Courts, Southern and Eastern Districts of New York
  • U.S. District Court, District of New Jersey
  • U.S. Court of Appeals, Second Circuit
  • U.S. Court of Appeals, Third Circuit
  • Supreme Court of the State of New York, First and Second Departments


  • The George Washington University Law School, J.D., 1989
  • State University of New York at Binghamton, B.A., 1986