JOSEPH S. NAYLOR is a partner in the Wilmington, Delaware office. Mr. Naylor focuses his practice on advising and representing clients in product-liability litigation, corporate / complex commercial litigation, insurance defense and appellate matters. Mr. Naylor has more than 20 years of experience litigating before all of Delaware’s state and federal courts, helping the firm’s clients achieve a positive resolution of a wide variety of disputes.
Delaware is a national filing hub for asbestos litigation, and in particular mesothelioma cases. Swartz Campbell’s Wilmington office presently represents over 100 clients / defendants in asbestos-related lawsuits – more than any other Delaware firm – and has been trial counsel in six of the last eight asbestos cases that have gone to trial since the mid-2000s.
Mr. Naylor serves as trial counsel for more than a dozen asbestos clients and regularly travels throughout the country, taking and defending depositions. Mr. Naylor has successfully obtained summary judgment in favor of numerous firm clients in dozens of vigorously contested cases. Sample reported opinions include: Gibbs v. Union Carbide, 2020 WL 5798072 (Del. Super. Ct. Sept. 28, 2020); Robinson v. Union Carbide, 2019 WL 3822531 (Del. Super. Ct. Aug. 15, 2019); Rowland v. Union Carbide, 2019 WL 1787451 (Del. Super. Ct. April 24, 2019); Sturgill v. Union Carbide, 2017 WL 6343519 (Del. Super. Ct. Dec. 11, 2017); Aveni v. Union Carbide, 2017 WL 5594055 (Del. Super. Ct. Nov. 8, 2017); Leathers v. Union Carbide, 2017 WL 5619281 (Del. Super. Ct. Nov. 8, 2017); Warner v. Covestro, 2017 WL 3727022 (Del. Super. Ct. Oct. 26, 2017); Kivell v. Union Carbide, 2017 WL 3727022 (Del. Super. Ct. Aug. 30, 2017); and Gordon v. Dana Companies, LLC, 2011 WL 6058302 (Del. Super. Ct. Nov. 16, 2011).
Mr. Naylor also obtained dismissal for a non-Delaware corporation based on lack of personal jurisdiction in Anderson v. Dana Companies, LLC, 2015 WL 556434 (Jan. 30, 2015), in what has become the seminal post-Daimler opinion in Delaware discussing general-jurisdiction principles in an asbestos case.
Mr. Naylor has successfully argued multiple asbestos-related appeals to the Supreme Court of Delaware, including Reed v. Asbestos Corporation Ltd., 155 A.3d 1284 (Del. 2017). Mr. Naylor was lead Delaware counsel as part of a multi-firm appellate defense team that obtained reversal of a $2.8 million asbestos verdict. See R.T. Vanderbilt Co. Inc. v. Galliher, 98 A.3d 122 (Del. 2014). Mr. Naylor is also one of only several attorneys in Delaware history to have argued an asbestos-related appeal to a full en banc panel of the Supreme Court of Delaware. See Plummer v. R.T. Vanderbilt Co., Inc., 49 A.3d 1163 (Del. 2012).
Corporate and Complex Commercial Litigation
Prior to joining Swartz Campbell, Mr. Naylor worked for a national law firm specializing in corporate and commercial litigation. Mr. Naylor has acted as lead counsel in numerous cases involving fights for corporate control, contract disputes, and expedited requests for injunctive relief, particularly in business cases of national and international import. Mr. Naylor has been mentioned by name and his cases have been cited and referenced in national publications such as the New York Times and the Wall Street Journal.
Mr. Naylor has wide-ranging and diverse experience defending a variety of matters for insured parties in cases involving serious personal injuries, property damage, construction defects and corporate / securities litigation. Representative insurance-defense matters include:
Mr. Naylor is a former clerk to the Honorable Joseph T. Walsh of the Supreme Court of Delaware and has an active appellate practice. Representative appellate matters include: