Product liability claims can disrupt operations and tarnish reputations—for even the most reputable companies. When facing product liability litigation, you need a quick response and a thoroughly mapped out strategy to mitigate risk.
That’s why companies around the world turn to us for help with serious product-related litigation matters, including toxic torts, product recalls and multi-jurisdictional consumer class actions. Our seasoned trial lawyers partner with you to understand your product inside and out, including its manufacture, distribution and use, then develop litigation strategies that are both innovative and targeted to your unique situation and business needs.
Our team has extensive experience managing, supervising and handling large-exposure national US litigation, including multidistrict litigation; multi-plaintiff cases involving lead paint, medical devices, pharmaceuticals, chemicals, telecommunications, asbestos and other construction products; and litigation in difficult jurisdictions, including those branded as “judicial hellholes” by the US Chamber of Commerce. We also handle claims involving international exposures and litigation filed in non-US jurisdictions, including claims before the EU courts. Our deep familiarity with the science of causation and long-standing relationships with leading experts give us a thorough command of the core issues in all product areas.
Often the best way to protect your business is to proactively identify and root out potential problems before they can spread. We draw on our deep experience with high-stakes litigation to deliver effective pre-marketing advice to eliminate potential risk areas. We examine insurance policy coverage issues; review corporate mergers and acquisitions to assess potential areas of liability; advise on regulatory requirements; and develop instructions, warnings and methods to limit potential claims.
As you work to prevent or address claims, cost-effectiveness is a top priority. To help you manage large-scale dockets, we have developed sophisticated in-house tools and deploy skilled paralegal and support staff to perform case-management tasks effectively and efficiently. We understand that major cases can impose a heavy financial burden, so we use legal project management processes to offer fee arrangements that can add a layer of predictability to your legal expenses.
Our product liability lawyers are well known for their forward-thinking, tactical counsel in the management of large and complex class action and mass tort litigation. To aid distributors, retailers and other businesses in today’s highly contentious environment, we leverage our extensive experience handling a broad range of mass tort cases across the United States and internationally to deliver proven results.
Ranked Tier 2: Dispute Resolution > Product Liability, Mass Tort and Class Action - Defense: Toxic Tort
"They have a very strong team of partners in their Washington DC, New York, Chicago, and San Francisco offices that coordinate the national defense in asbestos/brake products liability/toxic tort litigation."
An oil industry company, as its lead strategic and trial counsel, and as national coordinating counsel for the National Joint Defense Group (consisting of all major petroleum refiners) in more than 150 product liability and environmental contamination cases arising from use of the gasoline additive Methyl Tertiary Butyl Ether (MTBE).
A fortune 100 technology and manufacturing company, as its national coordinating counsel for its docket of Bendix asbestos personal injury and wrongful death cases. With thousands of active cases pending in many jurisdictions throughout the United States, McDermott’s role is to oversee the defense of these cases, manage the resources the company has budgeted, defend and resolve such cases and to ensure their short-term objectives and long-term goals with regard to this litigation (overall and in individual cases) are accomplished.
Monsanto, a publicly traded, multinational agricultural biotechnology corporation, in relation to multiple-venue products liability mass tort actions related to the manufacture, sale and distribution of polychlorinated biphenyl (PCB).
Motorola in a series of cases challenging the safety of cell phones. These cases include class actions and individual brain cancer cases. Plaintiffs have sued cell phone manufacturers, service providers, trade associations and standard-setting organizations claiming that cell phones cause adverse health effects. Courts have dismissed many of those cases based on federal pre-emption or the lack of admissible general causation evidence. None of them has survived past the summary judgment stage.
IKO Industries Ltd., and certain affiliates that manufactured or distributed organic asphalt roofing shingles, in a putative nationwide consumer class action alleging that the shingles fail prematurely. McDermott also defends James Hardie Building Products, Inc., in a putative nationwide consumer class action alleging that James Hardie’s fiber cement siding fails prematurely.