Loly Garcia Tor

Loly focuses on complex civil litigation, arbitration, and appellate practice throughout the United States, with particular depth in three areas: consumer and building products-related litigation, construction disputes, and commercial disputes.

She has significant experience defending consumer class actions, mass actions, and individual suits based on allegations of deceptive marketing practices, false advertising, consumer fraud, regulatory compliance issues, breach of warranty, product defects, and allegedly deceptive product labels. She defends clients in novel and emerging matters, including greenwashing and PFAS-related suits, and her clients include online and brick-and-mortar retailers, distributors, and manufacturers who make, market, and sell consumer and building products. Loly also counsels clients on best practices for avoiding litigation relating to their products, drafting warranties and product manuals, and protecting themselves through risk transfer.

Loly's construction practice involves representing property owners, real estate developers, general contractors, construction managers, subcontractors, and material and equipment suppliers in disputes related to construction and design defects, construction delays, warranty claims, mechanic's liens, and other construction-related matters. She has defended lawsuits brought by condominium and homeowners' associations post-developer-transition asserting construction and design deficiencies as well as financial and budgetary claims. Loly also handles personal injury suits based on workplace injuries and allegations of exposure to chemicals, mold, and contaminants.

Loly partners with national and international corporations to resolve complex contract disputes, including matters involving sales and purchase agreements, service contracts, joint venture agreements, distribution agreements, licensing agreements, and UCC Article 2 claims. She works closely with clients across a range of industries, with a particular concentration in manufacturing, to find practical solutions from early resolution through trial.

Loly is actively engaged in initiatives that promote inclusion within the legal profession and regularly contributes her time to pro bono efforts, including representing underserved clients and supporting community organizations.

Experience

Representative matters

Represented window manufacturer in 18 class actions consolidated in a federal multidistrict litigation based on allegations of breach of warranty, consumer fraud, and other claims relating to allegedly defective windows.

Represented packager of oral contraceptives in 13 individual actions, 3 class actions, and a mass action involving 113 plaintiffs asserting personal injury claims allegedly caused by mispackaged pill packets.

Represented 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.

Consumer litigation

Represented retailers in putative class actions based on alleged violations of the New Jersey Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA).

Represented online retailer in putative class action dispute alleging misrepresentations on product labels regarding the existence of artificial flavors in a food product and alleged non-compliance with regulatory requirements.

Represented retailer and distributor of fruit cups in putative class action litigation based on allegations that a product label stating that the product was "in 100% juice" was false and misleading.

Represented retailer in statewide putative class action based on allegations of consumer fraud and breach of warranty relating to representations on product labels regarding the product's content.

Represented retailer in threatened putative class action based on allegations of false advertising based on percentage of plant content in product.

Represented retailer in statewide putative class action based on allegations of consumer fraud, breach of warranty, and unjust enrichment relating to the sale of motor oil.

Represented retailer in statewide putative class action based on allegations of consumer fraud and breach of warranty relating to representations on product labels.

Represented manufacturer and distributor of hair care device in putative class action based on allegations of consumer fraud, breach of warranty, strict liability, negligence, and other claims based on alleged exposure to risk of injury from device.

Construction and building-product litigation

Represented owner and developer of mid-rise building located in Manhattan with respect to action pending in New York state court asserting claims against architect for breach of contract and professional malpractice for errors and omissions in the design of windows, bathrooms, stairwells, and mechanical systems, resulting in over $8 million in construction-related damages.

Represented construction manager for construction of new building in Manhattan with respect to claims by project developer for breach of contract relating to allegations of construction defects allegedly resulting in damages exceeding $19 million and with respect to claims against the same project developer to foreclose on $5 million mechanic's lien.

Represented construction manager in action in New York state court where project owner sought damages of over $9 million for alleged construction defects, construction manager's alleged failure to meet timelines set forth in contract, and construction manager's allegedly improper termination of contract.

Represented developer of eight-building condominium development with respect to litigation based on allegations of construction and design deficiencies, including alleged structural failures, and consumer fraud.

Represented developer in suit brought by master association for three individual condominium projects with respect to litigation based on allegations of financial irregularities and construction defects.

Represented manufacturer and installer of automated warehousing system in filing and enforcing $6 million mechanic's lien.

Represented owners, general contractors, construction managers, and suppliers with respect to mechanic's lien issues in New Jersey and New York.

Represented client in action based on breach of contract, fraud, and negligence related to the collapse of a road.

Created residential warranty program for national home builder for use in new construction throughout the United States.

Represented HVAC manufacturer in litigation by homeowners based on alleged personal injuries caused by exposure to mold.

Represented HVAC manufacturer in litigation by building owners based on alleged property damage caused by mold.

Represented boiler manufacturer in litigation based on property damage caused by a fire allegedly resulting from a boiler malfunction.

Represented bathroom fan manufacturer in litigation based on property damage caused by fires alleged to have been caused by bathroom fans.

Commercial disputes

Represented 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.

Represented university in dispute arising from breach of license agreement relating to the licensing of intellectual property.

Represented telecommunications company in real estate dispute regarding property rights relating to the location of a cell tower.

Represented licensee of commercial property in dispute with property owner and licensor regarding proper distribution of funds to be paid to owner through eminent domain proceedings.

Credentials

Education

Boston University School of Law, 2004, J.D., magna cum laude, Senior Articles Editor, Boston University Law Review
Seton Hall University, 2001, B.A., summa cum laude