Products Liability and Consumer Class Action Litigation Matters

• Defense liaison counsel for generics pharmaceutical defendants in the In re Zantac multidistrict litigation (MDL), MDL 2924, in the U.S. District Court for the Southern District of Florida and national counsel for 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 generics defendants in the MDL, which involves over 150,000 plaintiff claimants; also serving as liaison counsel for generics manufacturers in coordinated state court actions, including Pennsylvania and California, and in the U.S. Court of Appeals for the Eleventh Circuit.
• Lead counsel for medical device manufacturer in In re AngioDynamics Port Catheter Litigation, MDL 3125, in the U.S. District Court for the Southern District of California, involving alleged injuries from port catheter products.
• Lead counsel for defendant in In re Baby Food Litigation, MDL 3101, in the U.S. District Court for the Northern District of California, involving alleged autism and ADHD injuries from heavy metals in baby food products.
• Defended pharmaceutical company in consolidated nationwide class action litigation alleging antitrust violations with respect to development and marketing of HIV combination antiretroviral therapy (cART) medications in the U.S. District Court for the Northern District of California; won dismissal on all causes of action.
• Lead counsel for one of the largest privatized military housing companies in successful defense of purported class actions and individual cases alleging personal injuries and property damage from mold exposure on various U.S. military bases.
• Successfully defended global dental implant manufacturer in purported class action litigation over aligner products in federal court.
• Defended leading German manufacturer of sailplanes in wrongful death product liability action involving fatal crash in Nevada state court; won dismissal on all claims.
• Successfully defended purported class action in federal court alleging food-borne illness hazard and economic loss damages related to recalled food products.
• Lead counsel for global pharmaceutical company in purported class action involving prescription potassium chloride medication in federal court.
• Successfully defended foreign manufacturer of electrical component product in state court wrongful death action involving house fire.
• Defended Belgian manufacturer of agricultural processing equipment in wrongful death suit in California state court; won dismissal on all causes of action.
• Successfully defended manufacturer of industrial furnace in state court litigation involving catastrophic explosion.
• Defended pharmaceutical manufacturer in purported class action in federal court alleging benzene contamination in benzoyl peroxide acne medication. Case dismissed on all causes of action.
• Lead counsel for Merck, Schering-Plough and Organon in defense of litigation involving prescription contraceptive product NuvaRing and allegations of thromboembolic injuries and wrongful death; litigation involved more than 4,000 claims nationwide, federal multidistrict litigation, In re NuvaRing Litigation, MDL 1964, in the U.S. District Court for the Eastern District of Missouri, statewide coordinations in New Jersey and California, and various state court actions; won dismissal of all cases in the initial bellwether pool, leading to national settlement and resolution of litigation.
• Defense liaison counsel for Merck in California Vioxx Judicial Council Coordinated Proceeding involving nearly 4,000 cases alleging heart attack and stroke injuries from use of prescription pain medication.
• National counsel for defendants in talc and asbestos cases involving product and premises liability claim.
• Lead counsel for manufacturer of agrochemical products in product liability litigation alleging cancer risk from glyphosate (used in Roundup) herbicide products.
• Lead counsel for pharmaceutical client in litigation in multiple jurisdictions involving FDA-approved hormonal implants; won dismissals in California, Louisiana and Maine.
• Defended pharmaceutical manufacturer in brain injury case in Bronx, N.Y., state court, involving 17-year-old plaintiff with pulmonary embolism, cardiac arrest and brain damage, allegedly from use of the client's prescription drug product; in the face of plaintiff's $27 million settlement demand, won dismissal on all causes of action.
• Defended pharmaceutical client in U.S. District Court for the District of Massachusetts in product liability case alleging stroke and permanent neurologic deficit, involving a $21 million plaintiff settlement demand; won dismissal on all causes of action.
• Lead counsel for biotech company concerning safety, remedial assessments and regulatory counsel relating to product manufacturing issues involving FDA-approved cancer treatment.
• Defended insurer client in putative class action alleging wrongful denial of benefits under medical insurance plan; case dismissed on all causes of action.
• Defended supplement leader BSN in national class action alleging consumer fraud claims over several popular creatine and energy sports supplement products.
• Trial counsel for Lincoln Electric, Hobart and other leading manufacturers of welding electrodes in numerous wrongful death, mesothelioma and other personal injury asbestos actions throughout the western United States; did not lose or settle a single case in any jurisdiction in the six years defending these clients.
• Won dismissal of "wrongful birth" product liability action alleging defect in long-acting contraceptive implant in U.S. District Court for the District of Maine, and successfully defended judgment in the First Circuit Court of Appeals.
• National counsel for commercial kitchen equipment manufacturer in asbestos product liability personal injury and wrongful death actions venued in jurisdictions across the country.
• Defense counsel for welding electrode manufacturers in toxic tort litigation alleging manganese-induced neurologic injuries from exposure to welding fumes; guest speaker before California industrial hygiene association.

Commercial Litigation Matters

• Represented investment client in breach of contract action involving farming and marketing of commercial table grapes in U.S. District Court for the Central District of California, resulting in successful recovery.
• Successfully defended Korean conglomerate, CJ Corp., in action alleging $30 million for breach of commercial distribution agreement and business torts involving line of cosmetics products.
• Defended the University of Southern California in alleged $100 million breach of contract and business torts action involving dental implants and clinical trial agreement; won summary adjudication on 11 of 13 causes of action, including Section 17200, and struck plaintiff's $100 million lost profits claim at trial.
• Lead counsel for a global investment client in breach of contract, fraud and environmental contamination action involving sale of commercial property in New Jersey state court, won dismissal on all causes of action.
• Represented pharmaceutical client in breach of contract claim involving product manufacturing agreement; recovered full value of client's contract damages.
• Defended manufacturer of welding materials in numerous cases alleging economic loss from defective metallurgic properties in materials incorporated into high-rise seismic steel frame buildings throughout Los Angeles.