Overview
Terrence (Terry) J. Dee focuses his practice on product liability and product-related class actions, antitrust and other complex litigation. He has tried cases in federal and state courts throughout the country, including Illinois, Ohio, Washington, DC, Maryland, Arizona and Missouri, and has handled numerous commercial arbitrations. Terry has served as lead counsel in joint defense groups in federal multi-district litigation and multi-party litigation, crafting the national strategy and coordinating the joint defense of those cases. Terry also provides pre-marketing advice to McDermott clients developing products in the health, medical device and pharmaceutical industry, to assess and manage potential risk areas.
Terry is the head of the Chicago Litigation Group as well as the Co-Chair of the Firm’s Product Defense Litigation Group. Terry also is the Chair of the Firm’s Pro-Bono and Community Service Committee. Terry clerked for US District Judge Howard F. Sachs in the US District Court for the Western District of Missouri from 1992 to 1994.
Results
- Served as lead trial counsel for a client and joint defense group of cell phone manufacturers and service carriers in more than 60 individual and coordinated actions pending in the Superior Court of the District of Columbia claiming that cell phones caused plaintiffs’ brain cancer, and tried a month-long Frye hearing on admissibility of plaintiffs’ general causation experts; successfully argued the interlocutory appeal before the District of Columbia Court of Appeals en banc changing the expert admissibility standard in DC from Frye to Federal Rule of Evidence 702
- Served as lead trial counsel for a client and joint defense group in a multi-district litigation in the US District Court for the Central District of California in which plaintiffs filed more than 25 consumer-fraud class actions throughout the country alleging that Bluetooth headsets cause hearing loss; successfully settled the action on a class-wide basis and argued the appeal of the settlement before the US Court of Appeals for the Ninth Circuit
- Served as lead trial counsel in a multi-district litigation in the US District Court for the Northern District of Illinois in which plaintiffs filed several purported consumer-fraud class actions throughout the country alleging wireless phones do not comply with Federal Communications Commission (FCC) 911 call processing regulations, and was also selected as liaison counsel for national defense of more than 15 wireless industry companies; successfully argued summary judgment motion leading to the dismissal of all cases
- Served as lead trial counsel for a client and a joint defense group in multi-district litigation in the US District Court for the District of Maryland in which plaintiffs filed several purported consumer-fraud and breach-of-warranty class actions claiming that defendants failed to disclose that cell phones caused adverse health effects; successfully argued for dismissal of the cases based on federal preemption and, in related litigation, successfully argued for the dismissal of a purported class action in the US District Court for the Eastern District of Pennsylvania based on federal preemption, which was upheld by the US Court of Appeals for the Third Circuit
- Served as lead trial counsel for the largest privately owned coal company in the United States in a multi-jurisdiction dispute over a competitor’s breach of non-disclosure agreement and misappropriation of trade secrets
- Served as lead trial counsel in a several-week arbitration representing a buyer in post-closing disputes related to breaches of warranties and covenants in the sale of a consumer goods packaging business; a three-arbitrator panel issued an award granting full relief to our client
- Led defense and co-tried multi-day NYSE arbitration involving a major investment bank and one of its top brokers, involving claims of unsuitable investment recommendations, misrepresentations and failure to supervise; obtained a complete defense verdict and successfully had the claim expunged from the broker’s record
- Served as lead trial counsel in a preliminary injunction hearing in the US District Court for the Southern District of Ohio in a non-competition, misappropriation of trade secrets case involving the outsourcing industry; successfully negotiated a post-hearing settlement
- Represented an industry trade group in making First Amendment and preemption challenges to the City of San Francisco and City of Berkeley ordinances requiring certain point-of-sale disclosures
- Represented General Motors against claims that a defective car roof caused the death of former NFL player Derrick Thomas in a rollover accident, for which the jury returned a complete defense verdict after a three-week long trial in Kansas City, Missouri; successfully defended the appeal before the Missouri Court of Appeals
- Lead trial counsel for Group Purchasing Organization in healthcare antitrust suit in U.S. District Court, Southern District of Illinois. Successfully argued motion to dismiss
- Lead trial counsel for hospital system in healthcare antitrust suit in U.S. District Court, Southern District of Illinois. Successfully argued motion for summary judgment
Recognitions
- Legal 500 US, 2019 and 2021
- Chambers USA, 2021, Dispute Resolution: Product liability
- Super Lawyers 2012, 2014 to 2016
- Martindale-Hubbell, Peer Review Rated AV
- Chicago Bar Foundation, Distinguished Service Award 2017-2019
- Chicago Lawyers’ Committee For Civil Rights Under Law, Pro Bono Attorney of the Year 2017
Community
- Lawyers’ Committee For Civil Rights Under Law, Board of Directors
- Chicago Bar Foundation, President of the Board of Directors 2017-2018; Director 2011-2019
Credentials
Education
Washington University School of Law, JD, Order of the Coif, 1992
Wesleyan University, BA, 1987
Admissions
Illinois
Missouri
Courts/ Agencies
US Court of Appeals for the Third Circuit
US Court of Appeals for the Fourth Circuit
US Court of Appeals for the Seventh Circuit
US Court of Appeals for the Ninth Circuit
US District Court for the Northern District of Illinois
US District Court for the Southern District of Illinois
US District Court for the Northern District of Indiana
US District Court for the Western District of Michigan
US District Court for the Western District of Missouri
US District Court for the Eastern District of Wisconsin
