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Loly Garcia Tor

Partner
+1.973.848.4026
Fax +1.973.848.4001
Ms. Tor’s practice focuses on complex civil litigation, arbitration, and appellate practice, primarily in the areas of product liability, construction litigation, and commercial litigation. Ms. Tor also has significant experience defending class actions related to allegations of consumer fraud, allegedly defective consumer and building products, and allegedly deceptive product labels. She routinely litigates complex matters in state and federal courts throughout the country on behalf of manufacturers and retailers of consumer and building products and pharmaceutical drug companies as well as real estate developers and general contractors.

Because of her experience in federal court, Ms. Tor is often sought out as local counsel in intellectual property matters, including Hatch-Waxman and patent infringement litigation. 

Ms. Tor was recognized as one of New Jersey’s “New Leaders of the Bar” by the New Jersey Law Journal for 2014. Ms. Tor is also a Leadership in Energy and Environmental Design Accredited Professional (LEED®-AP). Additionally, Ms. Tor was recognized as a New Jersey Super Lawyers "Rising Star" in 2009-2011 and 2014-2019.

Ms. Tor is committed to diversity and inclusion and serves on the K&L Gates firmwide Diversity Committee. She also actively participates in the K&L Gates pro-bono program and in particular with Kids in Need of Defense, representing unaccompanied immigrant and refugee children in immigration proceedings.

Professional Background

Prior to joining K&L Gates, Ms. Tor was a law clerk for the Honorable Erminie L. Conley, P.J.A.D., of the New Jersey Superior Court, Appellate Division. She was also an associate in the litigation practice group of a major New Jersey law firm. During law school, Ms. Tor interned with the Honorable Garrett E. Brown, Jr., of the United States District Court for the District of New Jersey, and with the Office of the Massachusetts Attorney General, Environmental Protection Division.

Professional/Civic Activities

  • Association of the Federal Bar of New Jersey
  • New Jersey State Bar Association
  • New Jersey Women Lawyers Association, Judicial Outreach Committee
  • John C. Lifl and American Inn of Court
  • Member, District VA Ethics Committee

Speaking Engagements

  • “5 Effective Ways to Manage the Crisis that Derives from a Product Gone Wrong,” Corporate Counsel for Women of Color and K&L Gates LLP 14th Annual Career Strategies Conference, October 2018
  • “Consumer Litigation: The Year in Review and the Years to Come - What to Expect in Consumer Litigation Under the Trump Presidency,” K&L Gates HUB Webinar, January 2017.
  • “The Evolving Nature of Class Actions in New Jersey,” New Jersey State Bar Association 2016 Annual Meeting and Convention, May 19, 2016.
  • “New Jersey Law Update: Are Your Arbitration Provisions Enforceable?,” Association of Corporate Counsel New Jersey CLE program, April 21, 2015.
  • “Timing Issues: Statute of Limitations,” Construction Law 2014: Handling the Construction Defect Case, NJICLE, June 4, 2014.
  • “Warranties and Construction Contracts,” Construction Law 2012: Tackling Contract Provisions and Insurance Issues, NJICLE, June 2012.
  • “Mold Litigation,” NJICLE Hot Topics in Real Estate Law, September 2011.
  • “How to Market Green Buildings and Materials: Complying with Applicable Green Standards and Laws,” 2010 International Builders' Show, January 2010.
  • “Green Building Products: Can They Perform as Promised,” 2009 International Builders’ Show, January 2009.

Additional Information

Publications
  • “State Class Actions: Practice and Procedure, Second Edition,” Aspen Publishers, 2013, 2014, and 2015 Updates for New Jersey.
  • “The Many Perils of Going Green,” Construction Law, Connecticut Law Tribune, July 2008.
  • “Climate Change and the D&O Pollution Exclusion,” 41 Tort Trial & Ins. L.J. 1033, Summer 2006.
  • “Mandating Exclusion for Violations of the Knock and Announce Rule,” 83 B.U. L. Rev. 853, January 2003.
Consumer and Building Products Litigation 
  • Representation of retailer in state-wide putative class action based on allegations of consumer fraud and breach of warranty relating to representations on product labels.
  • Representation of a window manufacturer in eighteen class actions consolidated in a federal multi-district litigation based on allegations of breach of warranty, consumer fraud, and other claims relating to allegedly defective windows.
  • Representation of public utility in litigation with manufacturer and supplier of meters regarding breach of contract and breach of warranty in manufacturing and supplying defective meters and to recoup costs from supplier for costs incurred to replace meters.
  • Representation of homebuilder in dispute with vendor to recoup costs incurred by homebuilder to remove defective building component from hundreds of homes.
  • Representation of national home builder in actions against design professionals and subcontractors to recover the costs to repair design and construction defects.
  • Representation of a retailer in a state-wide putative class action based on allegations of consumer fraud, breach of warranty, and unjust enrichment relating to the sale of motor oil.
  • Representation of retailers in putative class actions based on alleged violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).
  • Representation of a dishwasher manufacturer in nationwide and state-based putative class actions based on allegations of breach of warranty, consumer fraud, and other claims relating to allegedly defective dishwashers.
  • Representation of a microwave manufacturer in a nationwide and state-based putative class action based on allegations of negligence, strict liability, breach of warranty, and other claims relating to allegedly defective microwaves.
  • Representation of composite decking manufacturer in nationwide putative class action based on allegations of negligence, consumer fraud, breach of warranty and other claims relating to allegedly defective decking.
  • Representation of treated lumber manufacturer in litigation by building owners based on allegations of negligence, breach of warranty, consumer fraud, and other allegations.
  • Representation of HVAC manufacturer in litigation by homeowners based on alleged personal injuries caused by exposure to mold.
  • Representation of HVAC manufacturer in litigation by building owners based on alleged property damage caused by mold.
  • Representation of boiler manufacturer in litigation based on property damage caused by fire alleged to have been caused by boiler
  • Representation of bathroom fan manufacturer in litigation based on property damage caused by fires alleged to have been caused by bathroom fans.
Construction Industry
  • Creation of residential warranty program for national home builder for use in new construction throughout the United States.
  • Representation of national home builder with respect to numerous warranty and consumer fraud-based lawsuits filed by homeowners throughout the country relating to alleged construction defects, personal injury actions based on alleged exposure to mold, and actions against design professionals and subcontractors to recover the cost to repair design and construction defects.
  • Representation of condominium developers with respect to litigations brought by condominium owners’ associations seeking multi-million dollar damages for alleged construction and design defects in condominium complexes.
  • Representation of a home builder in various jurisdictions relating to bodily injury claims of subcontractor employees, including employees who sustained brain injuries in falls on construction sites, including both defending against the personal injury action and seeking insurance coverage as an additional insured.
  • Representation of home builder in various jurisdictions relating to suits by homeowners alleging personal injuries caused by exposure to mold.
  • Representation of a home builder in over 70 arbitrations regarding disputes with defaulting purchasers over the retention of deposits for the purchase of condominiums.
  • Representation of client in action based on breach of contract, fraud, and negligence related to the collapse of a road.
Pharmaceutical Litigation
  • Representation of a pharmaceutical drug company with respect to numerous litigations (including both individual actions, a class action, and a mass action) throughout the country based on allegations of manufacturing defects.
  • Representation of a pharmaceutical drug company in federal multi-district litigations, New Jersey-based multicounty litigation, and individual actions with respect to allegations of personal injuries caused by prescription drug.
Intellectual Property Litigation
  • Representation of university in dispute arising from breach of license agreement relating to the licensing of intellectual property.
  • Representation of generic pharmaceutical drug company in Hatch-Waxman pharmaceutical patent litigations as local counsel.
Reported Cases