Product Liability

Fortune 500 pharmaceutical companies

Representation of Fortune 500 pharmaceutical companies, including Bayer, Bayer AG, Merck, Novartis, and Pfizer in product liability litigation involving Baycol, Thimerosal, Viagra, Vioxx, PPA, Zoloft, Rezulin, Neurontin and other major products.

General Motors

Representation of a General Motors in crashworthiness and fire litigation.

Freightliner

Defense of Freightliner against a wrongful death claim and serious personal injury in crashworthiness cases.

Cosco

Representation of a Cosco, a manufacturer of child restraint seats, in several actions involving the serious injury and death of small children.

Takata Seat Belts

Representation of Takata Seat Belts in cases involving automobile and heavy truck accidents involving death and personal injury.

Cooper Tire & Rubber Company, Bridgestone/Firestone, Michelin Tire, and Uniroyal Goodrich

Representation of Cooper Tire & Rubber Company, Bridgestone/Firestone, Michelin Tire, and Uniroyal Goodrich in product liability litigation involving car and truck tires.

The Coleman Company

Representation of The Coleman Company as product liability counsel for North and Central Alabama.

Lowe’s Home Centers

Representation of Lowe’s Home Centers in product liability litigation.

Thyssenkrupp Elevator

Representation of Thyssenkrupp Elevator in product liability litigation in Alabama.

American Axle & Manufacturing

Representation of American Axle & Manufacturing in product liability claims.

In Re: Baycol Products Liability Litigation, MDL No. 1431 (D. Minn)

National team member for Bayer.

In Re: Mirapex Products Liability Litigation

Representation of Pfizer as Alabama trial counsel in the Mirapex litigation.

In Re: PPA Products Liability Litigation

Represented Bayer in National litigation concerning phenylpropanolamine. Took numerous depositions of plaintiffs and treating physicians in PPA litigation throughout the United States.

In Re: Trasylol Products Liability Litigation, MDL No. 1928 (S.D. Florida)

National team member for Bayer.

In Re: Vioxx Products Liability Litigation

Represented Merck in national litigation concerning Vioxx including serving on the national team for preparation of defense of sales representatives for depositions including defending first deposition taken of its sales representatives in the Vioxx litigation.

In Re: Yasmin and YAZ (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2100 (S.D. Illinois)

National team member for Bayer.

James Ginn v. Stryker Corporation, 1:09-CV-1939, U.S. District Court for the Northern District of Alabama

Obtained dismissal in a products liability lawsuit filed against medical device maker on the basis of federal preemption pursuant to the FDA’s 510k approval process.

Samuel Barnes, III v. Howmedica Osteonics Corp., 3:09-CV-2556-CLS, U.S. District Court for the Northern District of Alabama

Obtained summary judgment in a products liability lawsuit filed against medical device maker on the basis of federal preemption pursuant to the FDA’s 510k approval process.

Keck v. Dryvit Systems, Inc., 830 So. 2d 1 (Ala. 2002)

Successfully defended a judgment for an EIFS manufacturer on product-liability and fraudulent-suppression claims.

Adams v. Energizer Holdings, Inc, et al., WL 1791373 (S.D. Miss. April 19, 2013)

Obtained 12(b)(6) dismissal for Energizer Holdings, Inc., Energizer Battery Manufacturing, Inc., and Energizer Battery, Inc. in products liability action seeking compensatory and punitive damages for alleged injuries sustained by individual after handling allegedly defective batteries.

Mass Tort and Product Liability

• Secured favorable jury verdict in the defense of an aviation manufacturer in a product liability case alleging that defects in an engine cowl-latching mechanism caused a helicopter crash
• Secured favorable jury verdict in the defense of an automobile manufacturer in a product liability case alleging that defects in the design of a seatback and passive seat-belt restraint system caused the death of a university professor in a rollover crash
• Defended automobile manufacturer in an environmental tort case in Texas arising from operation of parts manufacturing plants in Mexico
• Represented funeral home in mass tort case arising from activities of Tri-State Crematory in Nobel, Georgia

Product Liability Representative Experience

• Serves on National Class Actions team for international building products manufacturer, devising strategy and preparing motions and appellate briefs for defending against putative nationwide and statewide class actions alleging unfair and deceptive trade practices, fraud, misrepresentation, and breach of warranty brought in multiple federal and state jurisdictions.
• Represents manufacturer of tobacco products in state court action involving allegations that plaintiff’s use of cigarettes worked in synergy with his exposure to asbestos products to cause his lung cancer; Obtained dismissal in trial court based upon improper joinder of client with asbestos-related defendants and drafted appellate brief that secured dismissal of plaintiff’s appeal for lack of final judgment.
• Counsels manufacturers and distributors of consumer products in matters involving Consumer Products Safety Commission’s Consumer Complaint Database, including assisting clients with responding to consumer complaints and managing Commission investigations.
• Assisted international consumer outdoor products manufacturer in defense of multimillion dollar personal injury lawsuit alleging defects in its riding lawn tractor, which was resolved for 0.0006% of damages claimed in plaintiff’s complaint.
• Supported trial team in defense of “popcorn lung” personal injury action brought against chemical distributor by industrial worker that resulted in judgment well below final settlement offer.
• Defended international construction machinery manufacturer in wrongful death action brought on behalf of deceased forklift operator overcome by carbon monoxide, securing dismissal of all claims against client.
• Assisted international boiler manufacturer with conducting due diligence on potential acquisition in United States, investigating target entity’s multimillion dollar asbestos liability exposure and aiding client in avoiding overly risky purchase.

Products Liability Litigation

• Achieved a favorable result representing C&D Technologies, a NYSE-listed battery manufacturer, in a breach-of-contract action brought in Harris County, Texas regarding product installed at a NASA plant.
• Satisfied client's objectives representing Tiffany & Co. in a deceptive trade practices suit brought by a consumer in Harris County, Texas.
• Obtained a confidential settlement for medical supply manufacturer in a products liability action brought by the State of Texas in El Paso County, Texas.
• Reached a confidential settlement representing a hard wood flooring manufacturer in a products liability action brought by a consumer in Montgomery County, Texas.
• Represented a medical device company in a defamation, slander and tortious interference action in Tarrant County, Texas.
• Accomplished client's objectives in representing a global logistics company in a dispute brought by a technology company with respect to allegedly damaged computer equipment in the U.S. District Court for the Southern District of Texas, Houston Division.
• Represented medical supply manufacturer in products liability actions in Texas and Tennessee.

Products Liability Litigation Experience

Wilson v. Recreational Water Products, Inc., 2014 WL 223062 (N.D. Ala. Jan. 21, 2014) (granting summary judgment for manufacturer of pool chlorine product)