Pharmaceutical Product Liability and Class Action Matters

• National counsel for a generic pharmaceutical company in personal injury product liability and consumer and third-party payer putative class action litigation related to ranitidine (Zantac) drug products and alleged exposure to N-Nitrosodimethylamine (NDMA), over cancer risk claims; won dismissal of all cases on all causes of action on behalf of generic defendants in the multidistrict litigation (MDL), Illinois state court, and Pennsylvania state court
• National counsel for medical device manufacturer in product liability actions involving port catheter products in U.S. District Courts around the country; won dismissals of cases in various jurisdictions.
• Secured a complete dismissal of claims against a foreign manufacturer of hair relaxer products in In re Hair Relaxer Marketing, Sales Practices, and Products Liability Litigation
• Secured a complete dismissal of two putative nationwide class actions seeking reimbursement damages for allegedly defective prescription pharmaceutical product following a product recall.
• Represented a consumer products company in multiple putative nationwide class actions seeking reimbursement damages for an allegedly defective over-the-counter (OTC) product following product recall and alleged contamination.
• National counsel in defense of purported class actions alleging injury from excess benzene content in FDA-regulated hand sanitizers.

Pharmaceutical Commercial Disputes

• Represented a pharmaceutical company in an American Arbitration Association (AAA) arbitration alleging breach of an asset purchase agreement (APA) covering the sale of prescription dermatology products.
• Secured summary judgment in favor of a foreign active pharmaceutical ingredient (API) manufacturer and its U.S.
  subsidiary in a breach of contract action resulting from the unconsummated sale of an API manufacturing facility
  located in China; obtained precedential dismissal of foreign parent for lack of personal jurisdiction.
• Represented a U.S. pharmaceutical distributor against its foreign manufacturing and profit share partner for failure to supply and breach of co-development agreement.
• Represented a specialty pharmaceutical company in an International Centre for Dispute Resolution-administered arbitration alleging breach of a purchase and sale agreement for failure to pay milestones and use commercially reasonable efforts to market the acquired pharmaceutical products.
• Represented a foreign pharmaceutical company in an International Chamber of Commerce-administered arbitration and related injunction proceedings in the Southern District of New York challenging the unilateral termination of an exclusive license and distribution agreement as a result of alleged diversion of the product outside of the licensed territory.
• Secured summary judgment for a pharmaceutical company claiming breach of a development, manufacturing and supply agreement for over-the-counter (OTC) cold and allergy medications.