Michael Brusca

Davis & Brusca

Michael Brusca Personal Injury Lawyer

Davis & Brusca

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Firm Summary

Since 2009, Michael has devoted his practice to representing vulnerable people and their families in abuse, neglect, and death cases in nursing homes, rehabs, assisted living facilities, group homes, and hospitals. He is one of a select few lawyers in New Jersey to truly concentrate their practice in this area.

He shares his knowledge on this important topic by regularly lecturing around the country and teaching other lawyers to prosecute these claims the right way.  He has also been consulted by reporters and law enforcement in this field.

Michael has been published many times, including in the New Jersey Law Journal and in “Trial” – the national attorney magazine published & disseminated by the American Association for Justice.

He currently serves as the chairman of the Executive Board of the National Nursing Home Litigation Group for the American Association for Justice.

Michael brings a unique perspective to his work. He himself has lost family members in institutions and he knows, first-hand, what it’s like to see someone you care about struggle and die. He uses that passion and understanding to bring about justice for his clients.

Michael is a highly skilled and experienced advocate. Prior to entering private practice, Michael served as a Judge Advocate in the United States Air Force, where he tried many cases all over the world, including Japan, Qatar and Kuwait.

In New Jersey, he was lead counsel for the plaintiff in the case of Dwyer v. Harborview, which generated the largest nursing home verdict to date: $13.2 Million. While the verdict was later the subject of post-trial motions and an appeal, and ultimately settled for a different amount, the results demonstrate Michael’s considerable skill in the courtroom. Please note, every case is unique, and no specific case or outcome can predict future results.

Bar Admissions

• New Jersey
• Pennsylvania
• United States District Court, Eastern District of Pennsylvania

Education

• J.D., Temple University Beasley School of Law, 2002
• B.S., The Pennsylvania State University, 1996

Memberships & Affiliations

• New Jersey State Bar Association
• Pennsylvania State Bar Association
• Mercer County Bar Association
• New Jersey Association for Justice
• American Association for Justice – Nursing Home Litigation Group
• Executive Board for American Association for Justice – Nursing Home Litigation Group

Publications

• Co-Author. Framing Elderly Clients’ Claims. Trial Magazine. December 2020
• Q&A: COVID-19 Lawsuits Possible Now That Nursing Homes on Notice. Law.com. March 18, 2020
• The Truth About Medical ‘Tort Reform’. NJ.com. April 21, 2017.
• Flexible Expert Prep. Trial Magazine. March 2017.
• Quoted, Rule Barring Arbitration in Nursing Home Contracts Will Face Legal Tests, Lawyers Say. Law.com. September 29, 2016.
• Tools to Advocate for a Loved One in Long-Term Care. NJ.com. June 3, 2016.
• Read the Fine Print: Pre-Dispute Arbitration Language in Long-Term Care Contracts Strips Families of Their Rights. NJ.com. August 19, 2015.
• The Truth About Nursing Home Law Suits. The American Association for Justice. October 22, 2014.
• Co-Author. The Hidden Power of the Request for Admissions. Trial Magazine. July 2014.
• Choosing Long Term Care. US1. March 19, 2014.
• Essentials of Long Term Care Case Selection and Initial Investigations. Mercer County Bar Association Lawyer Newsletter. October, 2013.
• Pressure Ulcers- Catastrophic Negligence. US1. May 15, 2013.
• Assisted Living Facility Litigation: An Overview. New Jersey Law Journal. May 6, 2013.

Speaking Engagements

• Mediation and Mediation Statements, Quimbee, October 30, 2023
• Prosecuting Nursing Home Neglect and Abuse Cases, Lawline, October 23, 2023
• How to Maximize Damages Through the Use of Experts in Nursing Home Neglect & Abuse Cases, Lawline, October 3, 2023
• Skills for Dealing with Difficult Defense Counsel, Quimbee, June 6, 2023
• Deposing Nursing Home Employees and Owners in Neglect and Abuse Cases, Strafford Seminar, May 25, 2023
• Proving Understaffing and Proving Your Case, NJAJ Boardwalk Seminar Atlantic City NJ, April 27, 2023
• Showing the Duty in Long-Term Care Cases, Denver, CO, April 20, 2023
• Nursing Home Injuries: Proving Negligent, Reckless, or Intentional Understaffing and Inadequate Training and Supervision, Strafford Seminar, March 23, 2023
• COVID Issues and Litigating Long-Term Care Cases, MyLawCle, February 24, 2023
• COVID Litigation with Long-Term Care Facilities, Strafford, December 6, 2022
• Staffing Failures in Nursing Homes, MyLawCLE, November 21, 2022
• Proving Understaffing and Inadequate Training and Supervision, Law Practice CLE, October 10, 2022
• Maximizing Damages through Experts, Lawline, August 9, 2022
• American Association for Justice Summer Convention Moderator, Seattle Washington, July 16. 2022
• Pressure Injuries Avoidable v. Unavoidable, Lawpractice CLE, June 16, 2022
• Deposing Nursing Home Employees, Lawpractice CLE, May 16, 2022
• Well-being in the Law, Panelist, NJLAP, May 3, 2022
• Debunking COVID Defenses, NJAJ Boardwalk, April 28, 2022
• Deposing Nursing Home employees and Owners, Strafford Seminar, April 14, 2022
• NPIAP Pressure Injury Papers, Annual Nursing Home Litigation And Assisted Living Update, NJICLE, April 2, 2022
• Nursing Home Injuries: Proving Negligent, Reckless, or Intentional Understaffing and Inadequate Training and Supervision, Strafford Seminar, March 23, 2022
• An Inside Look At Your Nursing Home Case Webinar Series – COVID Defenses, American Association for Justice, December 8, 2021
• COVID NPUAP White Papers. Dallas, Texas, October 14, 2021
• Defending Parallel Civil Accident & Criminal Cases, Strafford Seminar, August 26, 2021
• Prosecuting Nursing Home Neglect and Abuse Cases (Update), Lawline Seminar, August 26, 2021
• Deposing Nursing Home Employees and Owners. Strafford Seminar. April 22, 2021
• Nursing Home Injuries: Proving Negligent, Reckless, or Intentional Understaffing and Inadequate Training and Supervision, Strafford Seminar, March 9, 2021
• Roundtable: COVID and Nursing Home Litigation. Lawline. September 18, 2020
• Nursing Home Malpractice: Indispensable Discovery for Establishing Causation, Systemic Neglect, and Liability, Strafford Seminar, June 24, 2020
• Understaffing Issues: Fundamentals of a Nursing Home Case Webinar Series Moderator, American Association For Justice, June 11, 2020.
• Deposing Nursing Home Employees. Strafford Seminar. April 20, 2020
• QAPI and Privilege. Dallas Texas. January 9, 2020
• RAI Manual and Depositions. Dallas Texas. January 10, 2020
• How to Maximize Damages. National Trial Lawyers. Atlanta, GA. Oct 10, 2019
• American Association for Justice Nursing Home Elder Abuse College Faculty Member, Washington D.C. April 25-27, 2019
• Practicalities in a Long Term Care Setting– How to Avoid Problems and What to Do if They Happen. NJICLE, April 11, 2019
• Creating a Winning Visual Strategy. AAJ Summer Convention Denver, CO. July 2018.
• Advanced Cost Report Dialogue. Defense Strategies Discussion, Dallas, TX. April 2018.
• AAJ Cost Report College – Defense Strategies Dallas Texas, October 19-20 2017.
• Prosecuting Nursing Home Claims. Delaware Trial Lawyers Association Annual Convention, June 15, 2017.
• How to Maximize Damages Through the Use of Experts. Lawline Webinar. June 2017.
• Moderator and Panelist, Nursing Home Seminar, NJAJ Boardwalk, April 28, 2017.
• Personal Injury Opening Statements and Closing Arguments. Strafford Webinar. April 12, 2017.
• Resolving the Arbitration Dispute in Today’s Legal Landscape. Rutger’s Law Review, Rutger’s Law School, Newark, NJ. April 2017.
• Advanced Cost Report Dialogue. Defense Strategies Discussion, Napa, CA. February 2017.
• Advanced Cost Report Dialogue. Defense Strategies Discussion, New Orleans, LA. February 2017.
• Having the Right Defendant: Making the Corporate Malfeasance Case. NJAJ. November 2016.
• Scorched Earth Defense: How to Disarm and Diffuse Excesses of Defense Counsel. AAJ National Summer Convention Los Angeles. July 22, 2016.
• Prosecuting Nursing Home Neglect and Abuse Claims. Delaware Trial Lawyers Association. June 10, 2016.
• How Expert Witnesses Can Help the Jury Realize Damages. AAJ Nursing Home Damages Seminar. May 19, 2016.
• Strategic Uses of Focus Groups. New Jersey Association of Justice (NJAJ) 2016 Boardwalk Convention. April 8, 2016.
• Litigating Cases When Your Client Suffers from Alzheimer’s or Dementia. Lawline Webinar. March 2016.
• Nursing Home Neglect and Abuse with Dementia and Alzheimer’s Residents. 2016 AAJ Winter Convention. February 29, 2016.
• The Intersection Between Medical Malpractice and Hospital, Nursing Home, and Rehab Facilities. Lawline Webinar. September 2015.
• Litigating with Assisted Living Facilities: The New Frontier. Lawline Webinar. July 2015.
• Nursing Home Negligence: Deposition Questions for Which There are No Good Answers. Lawline Webinar. February 2015.
• Opening Statements in Nursing Home Negligence Cases. Lawline Webinar. February 2015.
• Common Estate Planning and Family Issues for Military Personnel. Lawline Webinar. February 2015.
• Depositions of Corporate Designees and Treating Providers. 2015 Maryland Association for Justice.
• Estate of Mary Dwyer Lessons Learned. 2015 Kentucky Association for Justice.
• Prosecuting Nursing Home Neglect and Abuse Cases. Lawline Webinar. October 2014.
• Deconstructing Dwyer. 2014 American Association.
• Depositions for Which There are No Good Answers. 2014 AAJ Summer Convention.
• End Your Case at the Beginning: Building an Opening Statement in Discovery. 2014 NJAJ Meadowlands.
• Trial of a Nursing Home Case: Closing Home Arguments. 2013 NJAJ Meadowlands.
• Pressure Sore Cases: Avoidable v. Unavoidable. 2011 NJAJ Meadowlands.
• Building a Paperless Practice. 2011 NJAJ Meadowlands

Awards & Honors

• Best Lawyers
• Top 100 Lawyers 2021 Attorney of the Year.
• Top 100 Trial Lawyers List issued by The National Trial Lawyers. 2022
• AVVO Rating 9.8/10
• Super Lawyers 2019-2022
• National Association of Distinguished Counsel – Nation’s Top One Percent. 2021-2022