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Picture: Kenneth J. Cesta

Kenneth J. Cesta

Of Counsel

New Jersey

973.828.2618 973.828.2601

New York

212.430.5518 212.785.5203

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Picture: Kenneth J. Cesta

Kenneth J. Cesta

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Overview Experience Areas of Focus Insights News Recognition Professional & Community Involvement Speaking Engagements Credentials Background

Overview

Ken Cesta is a litigator with more than 30 years of experience in the state and federal courts of New Jersey and New York, as well as in arbitration proceedings. His practice focuses on counseling and defending insurers and reinsurers in insurance coverage disputes and bad faith litigation across all lines of business, including including directors and officers liability, professional liability, life insurance, commercial and general liability, sexual and physical abuse and molestation, cyber/media/technology, and employment practices liability. Ken was previously part of a national trial team representing two public financial institutions in employment-related litigation throughout the United States.

Ken also has extensive experience in the e-discovery field, implementing cost-effective e-discovery and litigation readiness plans for his clients. He holds an eDiscovery Executive Certificate and is a member of the Association of Certified E-Discovery Specialists. He is also a frequent lecturer on e-discovery topics, including managing e-discovery costs and document retention policies.

Ken is a former chair of the New Jersey District VB Ethics Committee and has been appointed by the New Jersey Supreme Court to serve as a special ethics master in several complex disciplinary actions brought by the New Jersey Office of Attorney Ethics. He is a member of the Claims and Litigation Management Alliance and the Association of the Federal Bar of New Jersey.

Experience

Represented reinsurer in an arbitration involving multiple claims arising under an excess of loss (XOL) reinsurance treaty.
Currently representing and have previously represented insurers in numerous coverage matters involving underlying sexual abuse and molestation claims.
Obtained dismissal on behalf of a life insurance company client of a federal court complaint alleging breach of fiduciary duty, breach of contract, bad faith, and fraud related to underlying annuity contracts.
Obtained summary judgment dismissing coverage and bad faith claims brought by national real estate brokerage firm against insurance company client.
Defended and favorably resolved professional liability insurance coverage claim related to underlying AAA mass arbitration proceeding.
Obtained dismissal on behalf of an insurance company client of a federal court complaint alleging breach of contract, reformation, and fraud related to professional liability insurance policy issued to a large real estate inspection company.
Obtained summary judgment on behalf of a national financial institution dismissing all counts of former employee’s federal court discrimination and wrongful termination action.
Successfully defended a national media company in New Jersey federal court class action alleging violations of the Telephone Consumer Protection Act. Case settled on favorable terms for client.

Areas of Focus

Practices

Industries

Insights

Second Circuit Holds New York Convention Is “Self-Executing,” Reverses Orders Denying Motion to Compel Arbitration

Seventh Circuit Affirms Order Compelling Arbitration, Holds Arbitration Agreement Applies to Title VII Claim

Eleventh Circuit Holds Arbitration Agreement Unenforceable Against Spouse of Former Employee

Illinois Federal Court Denies Motion to Dismiss Complaint Alleging Breach of Reinsurance Agreement Between Parties

SDNY Confirms Arbitration Order, Holding Order Was Final and Arbitrator Did Not Exceed Authority

Alabama Federal Court Holds That Tort of Bad Faith Does Not Extend to Reinsurance Contracts

NJ Court Finds No Waiver of Arbitration Rights in FDCPA Case, Grants Motion to Compel

Oregon District Court Denies Motion to Compel Arbitration, Finds It Involves Procedural Questions Best Left to Arbitrators

Alabama Federal Court Seals and Approves FLSA Settlement Agreement, Addresses Confidentiality Provision

Michigan Supreme Court Declines Application for Leave to Appeal Lower Court’s Vacation of Arbitration Award

Second Circuit Affirms District Court Order Confirming Chinese Arbitration Award

Third Circuit Reverses Order Denying Motion to Compel Arbitration, Holds Arbitration Clause in Consumer Financing Agreement Is Enforceable

Ninth Circuit Compels Arbitration of Plaintiff’s Individual Labor Claims Under PAGA, Remands Non-Individual Claims

Eleventh Circuit Dismisses Appeal From Order Compelling Arbitration and Staying Case for Lack of Jurisdiction

Ninth Circuit Reverses Order Denying Motion to Compel Arbitration, Concluding “Delegation Provision” Is Enforceable

Third Circuit Affirms Order Denying Motion to Compel Arbitration After AAA Declines to Administer Arbitration

District of Illinois Directs Insurer to Supplement Record to Support Privilege Based on “Common Interest Doctrine”

Ninth Circuit Affirms District Court Order Granting Motion to Compel Arbitration of Discrimination Claims

SDNY Confirms Arbitration Award Under New York Convention

SDNY Grants Motion to Compel Arbitration of Employee’s Discrimination and Retaliation Claims

Eleventh Circuit Affirms Order Compelling Arbitration of Discrimination Claims, Rejects Argument That Arbitration Agreement Was Unconscionable

Third Circuit Reverses District Court Order Compelling Arbitration, Highlighting That Arbitration and “Expert Determinations” Are Different Forms of Dispute Resolution

Ninth Circuit Affirms District Court Order Denying Motion to Compel Arbitration of Discrimination Claims

District of Maryland Holds Insurance Policy’s Appraisal Provision Constitutes Enforceable Arbitration Clause Under FAA

Sixth Circuit Holds Validity of Employee’s Electronic Signature Creates Issue of Fact, Reverses Order Compelling Arbitration

Federal Circuit Vacates Arbitrator’s Decision Removing Federal Employee From Position, Remands for Further Review

Fifth Circuit Affirms Order Dismissing Tesla Lawsuit in Favor of Arbitration

South Carolina Supreme Court Finds Contract Didn’t Involve Interstate Commerce, Reverses Order Compelling Arbitration

California District Court Finds Defendants’ Conduct Was Not Arbitrary and Capricious Under Administrative Procedure Act

Alabama Supreme Court Reverses Orders Denying Motions to Compel Arbitration Under Employment Agreement

Third Circuit Joins Other Circuits, Holds Uber Drivers Are Not Exempt From FAA

Seventh Circuit Affirms District Court’s Order Denying Application to Vacate Arbitration Award

Mississippi Supreme Court Affirms Denial of Motion to Compel Arbitration of Wrongful Death Suit

Second Circuit Affirms Order Denying Application to Adjourn Enforcement of Arbitration Award Pending Outcome of Parallel Foreign Proceeding

Third Circuit Affirms Finding That Defendant Waived Its Arbitration Rights

Ninth Circuit Affirms District Order Refusing to Compel Arbitration

SDNY Rejects Cross-Petition To Vacate Arbitration Award, Rejecting Claims of Manifest Disregard of Law and “Evident Partiality”

Wyoming Supreme Court Affirms Finding That Arbitrator’s Determinations Did Not Exceed Authority And Were Not Manifest Errors of Law

First Circuit Affirms Order Compelling Arbitration and Rejecting Claim By Postmates Couriers of Exemption From the FAA

Second Circuit Rejects Application of the Functus Officio Doctrine and Affirms District Court’s Order Denying Petition To Vacate Arbitration Award and Granting Cross-Petition to Confirm Award

Ninth Circuit Affirms District Court’s Order Denying Online Cryptocurrency Exchange’s Motion to Compel Arbitration of Users’ Claims

Seventh Circuit Affirms District Court Decision Refusing To Refer Putative Class Action Under the Illinois Biometric Information Privacy Act to Arbitration

Chancery Division of the High Court of England Sanctions Business Transfer Scheme Involving Applicant Insurance Companies Under the Financial Services Markets Act

Supreme Court of Idaho Finds That District Court Had Jurisdiction to Determine Enforceablity of Non-Compete Provision in Employment Agreement, Which Included a Mandatory Arbitration Provision

Georgia Court of Appeals Confirms Arbitration Award Holding That Arbitrator Did Not Manifestly Disregard Law or Overstep Authority

Sixth Circuit Rejects Claim of “Implicit Vacatur” of Arbitration Award and Affirms District Court’s Entry of Preliminary Injunction

Third Circuit Reverses Judgment Enjoining Arbitration Proceeding, Remands to District Court for Further Consideration

Second Circuit Affirms Decision That Insurer Is Entitled to Reinsurance Coverage for an Allocated Portion of Settlement

District Court Orders Limited Trial to Address Party’s Authority to Sign Arbitration Agreement

Fourth Circuit Dismisses Petition Brought by NLRB to Enforce Settlement and Order

Third Circuit Affirms Dismissal of Complaint With Prejudice After Plaintiff Failed to Initiate Arbitration Proceedings

SDNY Compels Arbitration Pursuant to ADR Provision in Contract Governing Disputed Commercial Transaction

Eleventh Circuit Enforces Employee Arbitration Agreement, Concluding That Agreement Was Not Unconscionable

Third Circuit Reverses Order Confirming Arbitration Award, Concluding Award Was Procured by Fraud

Ninth Circuit Confirms Arbitration Award Finding FAA Disallows Judicial Review of Whether Arbitrator’s Factual Findings “Are Supported by the Evidence in the Record”

Third Circuit Confirms Arbitration Award Finding Award Was Consistent With Controlling Authority and Arbitrator Did Not Manifestly Disregard Parties’ Agreement

News

Carlton Fields Attorneys Recognized in JD Supra 2025 Readers’ Choice Awards

Carlton Fields Adds Insurance and Commercial Litigator Kenneth J. Cesta in New Jersey and New York

Insurance and Commercial Litigator Kenneth Cesta Joins Carlton Fields

Recognition

AV Rated by Martindale-Hubbell
The Best Lawyers in America, Corporate Law (2023–2025)
Top Author, Alternative Dispute Resolution, JD Supra Readers' Choice Awards (2025)
Appointed by the New Jersey Supreme Court in several matters to serve as a special ethics master in complex disciplinary actions brought by the New Jersey Office of Attorney Ethics against practicing attorneys.
Appointed to the Neutral Mediator Panel for the Superior Court of New Jersey, Chancery Division, Morris and Sussex counties (2010–2017)

No aspect of this advertisement has been approved by the Supreme Court of New Jersey.

Professional & Community Involvement

Association of the Federal Bar of New Jersey
Claims and Litigation Management Alliance
District VB Ethics Committee of the Supreme Court of New Jersey
- Former Member, Vice Chair, and Chair

Speaking Engagements

“Managing High Profile Claims Under EPL, Cyber, and Professional Liability Policies,” Management and Professional Liability Conference, Claims and Litigation Management Alliance, Boston, MA (June 2018)
“Trial Strategies and Solutions of Business Disputes When an Insurance Carrier Is Involved,” Current Issues in Business Litigation, New Jersey Bar Association, New Brunswick, NJ (June 2017)
“Avoiding E-Discovery Spoliation Claims in Employment Litigation,” New Jersey Institute for Continuing Legal Education, West Orange, NJ (November 2016)
"Trust and Business Accounting Rules for NJ Lawyers," Morris County Bar Association, Morristown, NJ (November 2014)
“Ethical Implications of E-Discovery,” New Jersey Office of Attorney Ethics, Trenton, NJ (October 2014)

Credentials

Education

Quinnipiac University School of Law (J.D., cum laude, 1986)
Muhlenberg College (B.A., 1983)

Bar Admissions

New Jersey
New York

Industry Specialization Certifications

eDiscovery Executive Certificate

Court Admissions

U.S. District Court, District of New Jersey
U.S. District Court, Southern District of New York
U.S. Court of Appeals, Third Circuit
U.S. Court of Appeals, Fourth Circuit

Background

Shareholder, Bressler Amery & Ross, P.C., Florham Park, NJ (2014–2017)
Partner, Hoagland Longo Moran Dunst & Doukas LLP, New Brunswick, NJ (2011–2014)
Partner, Edwards Angell Palmer & Dodge LLP, Madison, NJ (1997–2011)
Associate and Counsel, Budd Larner LLC, Short Hills, NJ (1992–1997)
Associate, Dillon Bitar & Luther LLP, Morristown, NJ (1986–1992)

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Overview Experience Areas of Focus Insights News Recognition Professional & Community Involvement Speaking Engagements Credentials Background