Hon. Robert B. Kugler (Ret.) joined JAMS after serving approximately 32 distinguished years on the bench as a United States District Court judge and magistrate judge for the District of New Jersey (D.N.J). In 2017, Chief Justice John Roberts appointed him to a seven-year term on the United States Foreign Intelligence Surveillance Court (FISC), a court established by Congress to hear requests made by federal governmental agencies for the approval of electronic and other forms of surveillance related to foreign intelligence. Judge Kugler took his place on the FISC in 2017, assumed the role of senior district court judge in the D.N.J. in 2018 and completed his terms on both courts in 2024.
Judge Kugler presided over and resolved thousands of cases through pretrial rulings, bench and jury trials, judgments and settlement conferences during his long judicial career. He has garnered a nationwide reputation for handling and resolving the most challenging and multifaceted of matters, including, especially, those in the complex business commercial, multidistrict litigation (MDL), class and collective action, mass tort (including pharmaceuticals), product liability, employment, intellectual property and civil rights arenas.
He is known for having presided over some of the most high-profile cases in the D.N.J. They include his handling of multidistrict and other significant litigations involving certain blood pressure medications; the In re Valsartan, Losartan and Irbesartan Products Liability Litigation; and his instrumental role in the settlement of the In re Benicar (Olmesarata) Products Liability Litigation, as well as his oversight of a major freight train derailment that resulted in a sizable carcinogenic gas leak affecting a New Jersey township, the In re Paulsboro Derailment Cases. He presided over the trials and convictions of former Bordentown Township Police Chief Frank Nucera on charges that he lied to the FBI about certain civil rights violations, of reputed crime family member Nicodemo Scarfo for orchestrating with others the corporate takeover and plundering of a mortgage lender, and the conviction of the infamous “Fort Dix 5” defendants, one of the first terrorism trials in the country.
Prior to his career on the bench, Judge Kugler served as an assistant prosecutor in Camden County, New Jersey, and as a deputy attorney general for the State of New Jersey. After that, he spent approximately 10 years in private practice.
Judge Kugler’s reputation as a highly respected jurist is well established. Colleagues and practitioners have consistently praised his legal scholarship, work ethic, devotion to public service and exemplary judicial temperament. He has been lauded by jurists for serving the court and the country “with unwavering integrity and dedication,” for having a “profound impact … as a distinguished jurist” and for being a person “of honor with a good heart.” Practitioners praise him for being “fair,” “novel” and “very innovative.”
ADR Experience and Qualifications
- Arbitrator, mediator, special master/referee and neutral evaluator
- Extensive experience handling multidistrict, mass tort, class and collective, and major product liability and personal injury actions, among many others
- As an FISC judge, vetted and cleared for the highest level of security clearance
- Highly sought-after participant for legal symposia, CLE presentations, moot court final round competitions and other public engagements, including those before the Association of the Federal Bar of New Jersey, the New Jersey State Bar Association, the Philadelphia Bar Association, and numerous bar associations, law schools and other organizations
Honors, Memberships, and Professional Activities
Memberships and Affiliations
- Chair/Member, U.S. Judicial Conference Committee on the Administrative Office of U.S. Court (appointed by chief justices John Roberts and William Rehnquist), 1997–2006
- Member, Commission on Race & Ethnicity, Third Circuit Court of Appeals, 1997
Selected Awards and Honors
- Arthur E. Armitage, Sr. Distinguished Alumni Award, Rutgers University School of Law – Camden and the Law Alumni Association, 2008
- Honorable Peter J. Devine, Jr. Award, Camden County Bar Association
Selected Presentations and Speaking Engagements
- Speaker, The New Jersey State Bar Association and the Association of the Federal Bar of New Jersey, “The Federal Practice Bench-Bar Symposium,” April 2024
- Moderator, Panel on Special Masters, Texas Tech MDL Judicial Summit, 2023
- Moot Court Judge, UC Irvine Law Moot Court Competition, 2021
- Speaker, “April Rules Day: Class Action Basics & Rule 23 Amendments,” Association of the Federal Bar of New Jersey, 2019
- Speaker, “Professionalism Day in the United States District Court,” CLE, Association of the Federal Bar of New Jersey, 2018
- Moot Court Judge, Honorable James Hunter III Moot Court Oral Argument Competition, Rutgers Law School, 2018
- Speaker, Multicounty Litigation Seminar, Product Liability and Mass Tort Section, New Jersey State Bar Association, 2017
- District of New Jersey Fourth Annual Constitution Day Mock Trial Program, Third Circuit Courts and Community Committee, Third Circuit Court of Appeals, 2015
Selected Media References
- “Upon His Retirement, This Federal Judge Talks About the Challenging ‘Fort Dix Five’ Trial and His Belief That Juries Still Work,” The Philadelphia Inquirer, May 27, 2024
- “‘Harass Our Law Firm’: Judge Finds Contingency Fees Were Not Excessive,” New Jersey Law Journal,com, May 9, 2024
- “NJ Judge Kugler Reflects on 32 Years as a Federal Jurist,” Law360, May 3, 2024
- “Judgment Vacated in Suit Over Law Professor’s Recording,” Law360, May 2, 2024
- “NJ Judge Kugler Retiring from Federal Bench at Month’s End,” Law360, May 1, 2024
- “Subaru Can’t Duck Suit Over Starlink Infotainment Defect,” Law360, March 26, 2024
- “Geico Can’t Escape Underpayment Suit, NJ Court Rules,” Law360, 31, 2023
- “Ex-NFL Pro Must Take Down Posts on ‘Shark Tank’ Investor,” Law360, July 21, 2023
- “Recent Case Highlights Risks for New Jersey Employers When Terminating Employees for Cannabis Use,” JDSupra, June 8, 2023
- “Collective Wisdom on Selecting Leaders and Managing MDLs,” Judicature, 106 No.1 (2022) (a collection of “case-management wisdom from interviews with the federal judges [including comments from Judge Kugler on cultivating diversity] who, as of Dec. 15, 2020, were handling the thorniest of MDLs: products-liability proceedings with over 500 cases”)
- “Doctor Board Can Be Sued Separately from Hospital, NJ Federal Judge Rules,” com, May 1, 2018
- “New Jersey Judge Writes a Primer on How Not to Draft a Denial Letter,” JD Supra, Aug. 13, 2015
Background and Education
- Judge, Foreign Intelligence Surveillance Court, 2017–2024
- United States Senior District Court Judge, District of New Jersey, 2018–2024
- United States Court of Appeals for the Third Circuit, Hon. Robert B. Kugler, U.S. District Court Judge for the D.N.J. (sitting by designation), 2010
- United States District Court Judge, District of New Jersey, 2002–2018
- United States Magistrate Judge, United States District Court, District of New Jersey, 1992–2002
- Partner, Private Practice, New Jersey, 1983–1992
- Deputy Attorney General, Division of Criminal Justice, New Jersey Department of Law and Public Safety, 1982–1983
- Assistant Prosecutor, Camden County Prosecutor's Office, New Jersey, 1979–1982
- Law Clerk, Honorable John F. Gerry, United States District Court for the District of New Jersey, 1978–1979
- J.D., with honors, Rutgers School of Law-Camden, 1978
- B.A., summa cum laude, Syracuse University, 1975
Bar Admissions
- United States Supreme Court, 1988
- United States Court of Appeals for the Third Circuit, 1983
- United States District Court for the District of New Jersey, 1978
- New Jersey Supreme Court, 1978