Product Liability

Overview

“This group maintains an active litigation practice and makes an impression in several important fields including products liability...Clients are pleased with the ‘technologically savvy lawyers’ who ‘react quickly and consistently produce good results.’”

Chambers USA

Those that design, make, sell or distribute products in today’s economy face exposure to multiple sources of liability that threaten their business. There is no longer a run-of-the-mill product liability claim as the law in each state seems to change with every new case in an environment of ever-developing governmental regulations. In today’s changing, complex litigation landscape, you need counsel who is adept at navigating the intricacies of product liability litigation.

Having represented clients in hundreds of product liability cases across a range of industries, our preeminent product liability litigation attorneys know the ins and outs of defending clients’ interests. We vigorously defend manufacturers, designers, distributors, and individuals against product liability and mass tort suits, including toxic tort and various environmental disputes, matters arising from aviation disasters, accidents, and incidents, claims involving drugs and medical devices and lawsuits arising from alleged defects in equipment and vehicles. Clients engage us in discrete suits, large complex litigation, multi-district litigation, and class-action lawsuits, as well as serving national counsel on multiple, related cases.

We understand that the same strategy does not work for every client, or even every product for the same client. From the beginning of each engagement, we focus on your business goals and then work with you to be sure our strategy meets those goals. Whether your objective is to defend the efficacy of your product or achieve a quick and final resolution, or something in between, we have the creativity and experience to help you reach that end-point. And we will continue to work to achieve your goals after trial, as we have extensive appellate experience in federal and state courts across the country.

How We Can Help

We have represented national and international clients in a wide range of industries, including:

  • aircraft engines
  • aviation component part manufacturers and distributors
  • pharmaceutical companies
  • chemical companies
  • manufacturers of liquid propane gas equipment
  • electronics manufacturers
  • automotive component-part manufacturers
  • heavy equipment manufacturers
  • producers of food-processing equipment
  • transportation companies 

Our product liability attorneys also work closely with our insurance recovery group on a broad range of insurance recovery issues, including declaratory-judgment actions, first-party claims, interpretation of indemnity and breach-of-warranty clauses, and co-insurance and excess insurance claims.

Experience

  • Successfully defended manufacturers of engines, engine components, autopilots, avionics, transponders, emergency-locator transmitters, brakes, tires, and virtually every other type of component for air transport, general aviation, and military aircraft, as well as ground equipment.
  • Successfully defended a premier provider of parts, washers, industrial waste management, and oil recycling and re-refining services in an arbitration proceeding in a complex maritime construction case involving multi-million dollar allegations of damage to a dredging fleet of over 24 different vessels.
  • Served as lead trial counsel for a global manufacturer of chemicals and derivatives and its subsidiary in multidistrict litigation involving water contamination in cities located in 16 different states. To date, the company’s share of the settlement payments has been less than half of one percent (0.005 share).
  • Successfully defended the manufacturer of a complex medical device in a multi-party wrongful death case in Brownsville, Texas.
  • Served as lead trial counsel for a global manufacturer of chemicals and derivatives in multi-district litigation involving water contamination in cities located in 16 states.  
  • Served as national coordinating counsel for two manufacturers of alendronate sodium (generic Fosamax) in several multi-district litigations and state mass tort proceedings.
  • Served as national coordinating and lead trial counsel for a manufacturer of prosthetic knee devices
  • Defended component part manufacturer following a fatal airliner crash allegedly caused by the burning of the insulation in the aircraft’s flight entertainment system.
  • Served as national coordinating counsel for major, multi-national chemical distributor in benzene and solvent litigation filed throughout the United States.
  • Provided advice to multiple manufacturers on reporting obligations and customer communications regarding potential recall in light of product defect.
  • Represented drug manufacturer and gave pre-litigation advice on investigation, regulatory reporting and communications following report of death from use of prescription drug.

Team