Product Liability and Mass Tort

Product liability and mass tort cases often carry the risk of substantial financial exposure for manufacturers, distributors and retailers. We understand our clients' industries and they trust the resources and depth of Baker Donelson's courtroom experience to defend all kinds product liability, environmental, and mass tort cases. And whether it is an individual case, or a class action claim with industry-wide implications, we partner with each client to develop litigation strategies that protect our clients' interests and meet their business objectives.

Baker Donelson lawyers are trusted advocates with decades of trial experience who frequently serve as national, regional and local counsel. We are experienced in managing not only large class actions and multiple-suit and mass tort litigation but also the high stakes "bet the company" cases involving serious personal injury or death. Baker Donelson has a strong track record defending such cases in some of the nation's most dangerous venues and has proven experience with the complex technical, scientific, and medical/health issues involved with these claims.

Our attorneys serve as litigation and trial counsel for numerous companies throughout the United States with experience covering a wide array of industries and claims such as: motor vehicles, orthopedic devices, pharmaceuticals, breast implants, consumer products, appliances, children's products, asbestos and tobacco in a wide array of complex product and mass tort claims including the defense of design, warning and manufacturing defect cases for manufacturers, distributors and retailers. In addition, we regularly advise clients concerning product safety and regulatory compliance issues and have served as lead counsel in multiple product safety recalls for manufacturers.

We also have substantial experience defending manufacturers, distributors and service providers, including mining companies, solvent manufacturers, water treatment providers and radioactive waste generators for environmental and toxic tort claims whether they arise from exposure to chemical and biological contaminants, asbestos, lead paint, PCBs, vinyl chloride, printing solvents, methylene chloride, petroleum, lead, and other toxic chemicals. In fact, Baker Donelson has not only defended these cases, but has been at the forefront of asbestos and toxic tort litigation since its inception not only defending, but also addressing the policy and tort reform issues through, for example, industry-coordinated appellate advocacy.

Additionally, our litigation teams are well-versed in the specialized knowledge and unique liability issues faced by the transportation industry and as well as nursing homes and other medical service providers in the health care industry.

We understand the complexities and demands of defending product liability and mass tort cases, and strive to ensure that our clients receive the most comprehensive representation possible. We're ranked by Best Lawyers in America® as the number one firm in the country for both Product Liability Litigation and Mass Tort Litigation in 2010 and 2011. Our lawyers are members of the American College of Trial Lawyers, the American Board of Trial Advocates, and the Product Liability Advisory Council. We are also active in the Defense Research Institute, the International Association of Defense Counsel, and the Federation of Defense & Corporate Counsel – associations that enable us to share our experiences and to benefit from the collective efforts of other defense professionals throughout the nation.

Representative Matters

Automotive

• Secured an affirmation of a 2008 defense verdict for a major automobile manufacturer in the Court of Appeals in a case related to a car accident that took place in 2001. The plaintiff's decedent alleged that a design defect in the vehicle's fuel lines allowed them to be breached in the impact, leading to a fire. The client countered that the design of the fuel system was proper and that the fire started from a punctured can of highly flammable liquid electrical tape found underneath the driver seat. They also countered that the decedent was comparatively at fault for driving on the wrong side of the road while intoxicated. A jury returned a verdict for the client in 2008. Following the verdict, plaintiff appealed, contending that the trial court should not have allowed the admission of the decedent's blood alcohol content to establish comparative fault. The Court of Appeals rejected the argument in this case, along with all other assignments of error, and affirmed the verdict for the client.
• Defended major automobile manufacturer in product liability action in which plaintiffs sought several million dollars for personal injuries allegedly caused by a steering malfunction in a van. On interlocutory appeal of the trial court's denial of defendants' summary judgment motions, the Mississippi Supreme Court reversed and rendered judgment in defendants' favor, finding that plaintiffs had insufficient evidence of a defect or causation. The decision confirms that, under Mississippi law, plaintiffs must prove defect and causation even when suing for breach of the implied warranty of merchantability.
• Successfully defended major automobile manufacturer in a product liability action involving a quadriplegic plaintiff who sought $9.5 million in damages. Plaintiffs alleged that the sport utility vehicle was unstable while towing and that the seatbelt was defectively designed. After a two-week trial in what's widely considered one of the most dangerous venues in the country, the jury found that the vehicle was not defective and that the accident was caused by the driver.
• Defended major automobile manufacturer in a motor vehicle accident case in which the plaintiff's decedent alleged that an employee rear-ended the vehicle, causing injuries, permanent disability and eventual death. Plaintiff filed a motion for sanctions for bad faith negotiations, and manufacturer did not accept the plaintiff's lowest settlement demand of $4 million. Ultimately, the jury found the death unrelated to the accident and awarded the plaintiff $218,000 for personal injuries.
• Represented major automobile manufacturer in fraud and conspiracy mass tort case filed by 285 plaintiffs. Jury verdict for client.
• Obtained partial summary judgment for automobile manufacturer in a products liability case involving restraints and handling and stability allegations after successfully excluding an expert witness on the grounds that his opinions were unreliable under Daubert and Miss. R. Evid. 702.
• Obtained multiple jury verdicts in favor of automobile manufacturer in suits alleging defective fuel systems; defective occupant restraint systems; defective designs for handling and stability; and defective door latches.
• Lead trial counsel for major domestic and foreign automobile manufacturers in Tennessee, Maryland, Virginia, North Carolina, Kentucky, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Indiana, Michigan, the District of Columbia and Puerto Rico.

 

Drugs & Medical Devices

• Represent large pharmaceutical and medical device manufacturer as national counsel in product liability lawsuits involving various medical products including IV administration equipment, dialysis equipment, pain pumps and pharmaceuticals.
• Resolved more than 125 suits/claims worldwide in lead defense counsel role for manufacturer of dialysis product withdrawn from market.
• Served as lead counsel for distributor of anesthesia medication in more than 250 cases in Las Vegas, Nevada.
• Currently serve as national counsel for pharmaceutical company in isotretinoin litigation.
• Represent various pharmaceutical manufacturers in average wholesale pricing litigation.
• Represented spinal screw manufacturer in mass tort litigation (more than 1,600 separate plaintiffs in 35 state and federal cases) involving claims of manufacturing defects and multiple FDA violations. Obtained 25 summary judgments, seven affirmances on appeal, ultimate dismissal of all claims and no judgment against the client.
• Lead counsel for pharmaceutical company, favorably resolving multi-million dollar commercial arbitration involving aseptic manufacturing of biopharmaceutical product.
• Represented drug manufacturer in case alleging use of defective preservatives. Case dismissed.
• Achieved dismissal of class action suit brought against pharmacy chain for dispensing drug recalled by the FDA.
• Represented breast implant manufacturer in over 200 cases alleging manufacturing defects. All cases resolved to client’s satisfaction; no judgments against client.
• Served as national coordinating counsel in vaccine litigation regarding Thimerosal as well as Fen-Phen litigation.
• Spearheaded multi-state defense of vitamin supplement manufacturer for bodily injury resulting from alleged defect in product.
• Obtained summary judgment for pharmaceutical manufacturer in multiple products liability cases involving the co-promotion of prescription pain medication.
• Obtained dismissal for pharmaceutical manufacturer in a products liability case relating to the manufacture and distribution of products containing Phenylpropanolamine.
• Took over defense of medical device manufacturer in appeal of unfair competition case involving FDA 510(k) approval of calcium sulphate bone void filler, Tennessee common law of trade secrets, and patent law issues. Obtained reversal of $10,000,000 judgment against manufacturer.
• Represented large retail chain in purported class involving the drug propulsid. Client dismissed from litigation.
• Acted as deputy regional defense counsel in California-based multi-district litigation involving hepatitis C infection from blood derivative withdrawn from worldwide market.
• Acted as deputy national counsel in defense of cases relating to mechanical heart valve withdrawn from worldwide market.
• Mississippi counsel team for pharmaceutical company in birth control device litigation.
• Established the learned intermediary doctrine in Alabama.
• Obtained summary judgment for major manufacturer of knee prostheses even though plaintiff had had both components for both knees replaced by separate subsequent operations and plaintiff's product liability claim was supported by a metallurgical expert.
• Defended manufacturer of anti-malaria drug as lead counsel with success for client.
• Arbitrated disputes between pharmaceutical manufacturers and customers.
• See our Drug, Device & Life Sciences practice area description for a comprehensive overview of our capabilities in this important arena.

 

Tobacco & Asbestos

• As co-liaison defense counsel for Mississippi tobacco litigation, preserved federal diversity jurisdiction with successful dismissal of fraudulently joined resident retailer defendants under Mississippi Innocent Seller Statute.
• Defended major tobacco manufacturer in series of smoking and health cases in Tennessee. Four-month trial resulted in defense verdict in consolidated case involving three plaintiffs; voluntary dismissal of numerous other cases.
• Served as national and regional trial counsel for manufacturers of asbestos textile and insulation products, responsible for supervision of local counsel and trials in 13 states. Successful jury trials in Florida, Louisiana, Michigan, Ohio and South Dakota, and multiple mass settlements.
• Defended major tobacco manufacturer in numerous smoking and health lawsuits and environmental tobacco smoke cases in Mississippi. Defense verdict in case alleging exposure to environmental tobacco smoke.
• Successful dismissal of several tobacco smoking and health lawsuits on summary judgment.
• Served as trial counsel in approximately a dozen asbestos trials in Tennessee, Florida, Alabama, Illinois, Mississippi and Maryland.
• Represented one of the world's largest car manufacturers in asbestos friction product cases in Tennessee.
• Defended multiple manufacturers of asbestos-containing products, including insurance carriers that conducted air-sampling studies at a plant that used raw asbestos in its manufacturing process. Several plaintiffs sued, alleging that these studies and subsequent reporting were negligently performed. Obtained reversal of plaintiff verdict in the Alabama Supreme Court on interlocutory appeal.
• Successfully defended one of the world's largest manufacturers of glass containers as well as members of the Asbestos Claims Facility in hundreds of asbestos-containing personal injury lawsuits.

 

Chemical & Environmental

• Obtained a summary judgment verdict in a vicarious liability legionnaire's disease case regarding the serious illnesses of two hotel guests. The client had previously been represented as an additional insured by insurance defense counsel for the franchisee. The court granted a renewed motion, releasing the client from the case.
• Defense verdict at trial on behalf of development company in Federal Court on claims seeking over $4 million and attorneys fees for alleged Clean Water Act violations and nuisance, arising out of development of residential subdivision.
• Lead defense counsel for construction aggregate supplier in mass tort silica litigation with successful dismissal of over 200 cases.
• Dismissal entered in favor of our manufacturing client in several cases alleging autism in children caused by mercury emissions from client's facility.
• National counsel for solvent manufacturer for exposure to various solvents in industrial settings.
• Defense of several manufacturers of asbestos-containing products.
• Defense of several clients in storm water run-off / contamination cases, in both state and federal court.
• Defense of utility company in various cases relating to alleged exposures from their operation of waste water and drinking water facilities.
• Defended food processing facility in CWA citizen suit and common law nuisance action by neighbors complaining of alleged odors and overflow from discharge to city sewer system; three-week federal jury trial resulted in jury verdict awarding no damages against client and favorable post-trial settlement on CWA claims.
• Defeated class certification in federal court action for pesticide manufacturer brought by proposed class of property owners affected by historic wastewater discharges to creek.
• Defeated class certification in state court case for foam manufacturer in putative toxic tort class action brought by neighbors of unpermitted disposal site.
• Represented generator of hazardous waste containing methylene chloride in putative class action for personal injury and property damage. Resolved by favorable settlement to defendant client.
• Represented owner of industrial dry cleaning plant in CERCLA cost recovery and contribution action against former tenant for PCE, TCE, and vinyl chloride contamination of soil and groundwater. Resolved by settlement favorable to plaintiff client.
• Represented printing plant in action for property damage alleged to result from leaking solvent storage tanks. Case resolved by settlement favorable to defendant client.
• Represented a landowner in CERCLA cost-recovery and contribution actions against a former lessee responsible for PCB releases. Full indemnity was obtained from the former tenant for the costs of investigation and remediation.
• Represented generator of hazardous waste in action for personal injury and property damage from alleged illegal disposal of foam-making wastes containing methylene chloride. Resolved by settlement favorable to defendant client.
• Served as national counsel in the Love Canal chemical litigation and as regional and local counsel in tobacco, asbestos, silica and lead paint litigation.
• Obtained a complete defense verdict at jury trial on all counts - negligence, trespass, strict liability for ultra hazardous activity and nuisance - arising out of claims by several adjacent property owners that effluent ponds at waste water treatment plant were causing subsurface migration of water and contaminants to their property.

 

Other Products

• Obtained dismissals for Fortune 100 Manufacturers in numerous death and catastrophic injury cases alleging design, manufacturing and warning defects.
• Represented French manufacturer of jet engines in suit by commuter airline, alleging that defective engines caused failure of airline. Favorable settlement.
• Defended class action products liability claims regarding plastic vent pipe for water heaters.
• Represent engineering consultant to military in products liability action alleging design defects in communication cables for military helicopters; action dismissed under political question doctrine.
• Defended mobile home manufacturer in punitive class-wide arbitration and individual arbitrations over disputed HUD violations and mold claims.
• Lead counsel for manufacturer in two recalls with the National Highway Traffic Safety Administration.
• Lead counsel for appliance manufacturer in two recalls with the Consumer Product Safety Commission.

 

Other Mass Tort

• Successfully defended major government contractor in the second of five bellwether cases to be tried in federal multidistrict litigation comprising tens of thousands of individual lawsuits alleging injuries due to formaldehyde exposure while living in FEMA trailers following the devastation from Hurricane Katrina. Received unanimous jury verdict after two-week trial. Following verdict, obtained dismissal of contractor from third bellwether case as well.
• Represented major railroad company in multiple lawsuits arising out of a derailment resulting in fires burning for five days, the government-institution of a no-fly zone over a wide area of cultivated land during prime time for aerial delivery of herbicides, and the evacuation of thousands of people. Over forty suits were removed and consolidated. After the United States District Court certified a class action involving over 12,000 claimants seeking a wide range of compensatory damages and punitive damages, the Fifth Circuit reversed certification, and the case thereafter settled on a settlement class basis. The litigation involved multiple issues including but not limited to legal issues of the federal preemption of state law tort duties, choice of law, proper preservation and production of enormous amounts of electronic evidence, and factual and expert analysis of fate and distribution of released chemicals.
• Represented airport auto rental franchisee in responding to employee complaint of violation of OSHA Hearing Conservation Standard; complaint found to be groundless by state agency.
• Obtained jury verdict after seven day trial for quarry operator in nuisance action by neighbors alleging blasting damage, groundwater contamination, excessive noise, dust, and traffic.
• Won summary judgment for owner of phosphorous recovery facility in personal injury action arising out of phosphorous explosion and fire.
• Represented manufacturer in parallel civil and criminal enforcement actions arising out of unpermitted disposal of hazardous wastes; majority of indictment dismissed; negotiated global settlement of remaining civil and criminal charges on favorable terms.
• Reached favorable settlement for owner of leased property in CERCLA cost recovery and contribution action in Jackson, Mississippi.
• Represented owner of federal NPL site in asserting innocent landowner defense to EPA CERLCA section 106 order.
• Defeated class certification in case against alleged illegal disposer of methylene chloride in putative class action and individual personal injury and property damage claims.