The Legal 500

Bowman and Brooke LLP fields ‘possibly the best integrated team with the broadest range’ of capabilities and produces ‘excellent work’. The firm’s large complement of senior lawyers enables it to staff trial teams on a genuinely national basis in multiple cases simultaneously. This ‘thoughtful and thorough’ group’s key partners include the ‘very bright’ Phoenix-based Paul Cereghini, one of the firm’s top trial lawyers, and Vincent Galvin who is ‘highly skilled and experienced’. David Graves in Minneapolis, Tom Branigan in Detroit and H Franklin Hostetler in Los Angeles are also recommended, along with Joel Smith, who joined from Nelson Mullins Riley & Scarborough LLP in 2009 as head of a new office in Columbia, South Carolina. Also recommended are Los Angeles-based Mark Berry, Brian Takahashi and Detroit-based Fred Fresard, Richmond-based Sandra Giannone Ezell and Phoenix-based Thomas Klein. Among recent highlights, the firm has been instructed as co-lead counsel for Toyota Motor Corporation on the high-profile “unintended acceleration” litigation, serving as defense counsel for all personal injury and wrongful death cases. It also represents Yamaha nationwide in litigation involving Rhino off-road vehicles and, in 2010, won a unanimous defense verdict for the client in a four-month trial in Orange County. Other highlights included representing Ford in Poehler v Ford in Gaylord, Minnesota, a significant rollover and roof-crush crash case. The practice also serves as national trial counsel for Mitsubishi’s catastrophic injury and wrongful death product liability claims and acted for the client in Blanchard v Mitsubishi, in which the jury found that the roof design on the 1991 Mitsubishi Eclipse was neither defective nor unreasonably dangerous.

Bryan Cave LLP is ‘one of the most prominent firms in the automotive sector’ and has an ‘outstanding reputation’ as a result of its involvement in a number of high-profile product liability cases. These include cases concerning automobiles (including trucks and ATVs), industrial vehicles (such as forklifts), tires and components, railroad equipment and watercraft. Highlights included representing Mercedes-Benz and Volvo in consumer fraud class actions. It also won a unanimous jury defense verdict for Ford in Garcia v Ford, a death and amputation case arising from a collision and vehicle fire in a 1997 model Ford Explorer, a win that significantly forestalled the threat of similar litigation. Other clients include Bombardier, Cottrell, Evenflo, Michelin and U-Haul. St Louis-based Stephen Strauss, Dan Ball and Peter Herzog are recommended, as is of counsel John Thomas. In Chicago, R Bruce Duffield is an experienced and well-renowned practitioner.

King & Spalding LLP displays ‘excellent knowledge in the automotive space’ and is reliably able to achieve favorable results. The product liability group is a very significant practice for the firm and fields attorneys based in San Francisco, Houston, Atlanta, Charlotte and Washington DC, giving it the ‘good depth’ and geographical reach to take on the most significant cases. As such, the firm has a strong track record in defending automotive manufacturers and transportation companies in product liability litigation, including wrongful death and catastrophic injury cases. The firm has a substantial relationship with General Motors, most recently defending the client against claims and lawsuits brought by parties seeking to evade rulings that it was not liable for claims arising out of the use of its products if the accident occurred before July 10, 2009. These cases included Frye v General Motors Corporation et al, in which plaintiffs sought compensatory and punitive damages for the alleged wrongful death of a mother and the catastrophic injuries suffered by her sons during a rollover crash. The firm’s attorneys successfully moved to dismiss the claims. The group also serves as lead counsel to Toyota, and recently defended the company in the highly publicized “unintended acceleration” litigation. Other recent clients include Mercedes-Benz, Porsche, Mazda and Volkswagen. The practice also represents a number of shipping and boating clients where its recent successes include securing defense verdicts on claims of negligent training and supervision in a wrongful death matter, and defeating punitive damages claims involving older equipment after a company’s decision to install new safety equipment. Chilton Varner is a hugely well respected appellate specialist and leader in product liability, and Randall (Randy) Bassett ‘does a very good job in all aspects of litigation’. Philip Holladay is recommended for high-exposure product liability cases and Harold Franklin is a ‘rising star’. Andrew Bayman is also highly recommended. All of the recommended attorneys are based in Atlanta.

Shook, Hardy & Bacon LLP is best known for its product liability work in the life sciences and tobacco sectors, but has been steadily increasing its foothold in the automotive field. With major clients such as Toyota, General Motors and Ford instructing the firm, it appears to have consolidated its position as one of the leaders for ‘high-exposure lawsuits throughout the US, particularly those filed in the Midwest’. The group serves as national trial counsel on Tyco’s automotive and general liability litigation. It has also been retained to represent a sizeable commercial and school bus dealership in California litigation arising from a January 2009 accident in which a bus overturned in Arizona, killing seven tourists. In 2009, the firm tried and won a significant case for Kia arising from the first rollover crash case involving the client’s flagship SUV in Oklahoma City. In San Francisco, Frank Kelly is ‘a superb trial lawyer’, while H Grant Law is also an excellent trial attorney. Robert Adams in Kansas City is ‘excellent on technical issues’, as is Douglas Robinson in Orange County (Irvine).

Denver-based Wheeler Trigg O’Donnell LLP is a single-office civil litigation firm that serves as national and regional counsel to a number of big-name clients across various industries. In the automotive space, the group advises automobile manufacturers, tire companies and rail operators, and clients describe the team’s high quality, responsiveness and good value. The practice has served as national trial and appellate counsel for product liability litigation for Ford, Kubota Tractor, Nissan and Toyota. Recent highlights include obtaining a favorable settlement in Colorado for a California-based manufacturer of industrial automotive equipment. In the case of Morgan v Ford, a rollover crash case in which shattered glass caused serious injury, the firm won summary judgement for Ford when the Supreme Court of West Virginia dismissed an appeal on a federal preemption precedent. Founding partner Malcolm Wheeler is ‘a leader in this area’ and ‘very well reputed’. Also recommended are fellow founder John Trigg, managing partner Hugh Gottschalk, Edward Stewart and Michael Williams.

DLA Piper LLP’s product liability group has an excellent reputation and is well equipped to handle major litigation for big-name clients from the automotive and other transport sectors. Significant recent cases include acting as primary defense counsel for Veolia Transportation with regard to the aftermath of the September 2008 Metrolink rail disaster in Los Angeles, which resulted in the deaths of 25 people and injuries to over 130 others. Other clients include Porsche Cars North America, for which the firm serves as national counsel with respect to its asbestos-related automotive litigation and select consumer product liability class action litigation, among other matters. The client regularly instructs the group to advise on liability exposures as part of new product development, most recently with respect to hybrid vehicles. The firm acts as regional counsel for Toyota defending personal injury lawsuits concerning “unintended acceleration” allegations against Toyota and Lexus vehicles. It also acts for Toyota nationwide in defending product liability lawsuits relating to rollover and other product liability matters. In Baltimore, Joel Dewey is ‘an excellent courtroom advocate’ who is ‘always absolutely precise’. Practice group chairs Loren Brown in New York, William Kiniry in Philadelphia and Christopher Young in San Diego are all recommended. Philadelphia-based James Brogan is recommended for tire cases.

McGuireWoods LLP’s product liability practice is relatively small, but has a solid record of good results for its clients. The firm’s expertise encompasses automobiles, boats, freight trucks, motorcycles and other recreational vehicles, and it has been instructed by clients such as Chrysler and General Motors in cases brought by mechanics exposed to asbestos in vehicle braking systems and clutch controls. The team also serves as national counsel for Ford in high-exposure product liability and wrongful death actions in various jurisdictions alleging defects in Ford vehicles, as well as representing it in asbestos litigation. For example, in 2010, it succeeded in moving to deny class certification in a putative class action pending in federal court in Maryland alleging defects in seat designs in certain Ford vehicles. Key members of the team include Terrence Bagley, who is the firm’s deputy managing partner and oversees all litigation, and J Tracy Walker, who chairs the firm’s product and consumer litigation department and heads the team representing Ford.

Nelson Mullins Riley & Scarborough LLP’s large team has ‘true lawyers, not just litigators’, whose areas of expertise include litigation, risk management and accident investigations; it is a team of ‘highly skilled attorneys’ who ‘combine a collaborative style with unyielding commitment to deliver top-notch courtroom advocacy’. The firm recently served as lead appellate counsel for Ford in Watson v Ford, a product liability action in which the South Carolina Supreme Court reversed an $18m jury verdict and entered judgment for Ford. Other recent representations include acting for Michelin in personal injury and wrongful death lawsuits arising from alleged tire failure. Marc Williams, Robert Massie and Melissa Foster Bird are ‘trusted partners’ and ‘exceptional trial attorneys’.

O’Melveny & Myers LLP has maintained its reputation as a ‘top class action firm’, despite the departure of John Beisner and Stephen Harburg to Skadden, Arps, Slate, Meagher & Flom LLP. The firm’s tendency is to handle only trial and appellate cases with the highest exposure, rather than dealing with more mundane matters on a day-to-day basis. Ford has been instructing the firm for a number of years, and the group has recently been defending it against three class actions involving claims that the engines in its vehicles contained defects that resulted in issues including poor air conditioning and engine performance. The team attained a federal district court’s final approval of a favorable class settlement. Its track record for the client includes defending it against a number of putative class actions, including the highly publicized Bridgestone/Firestone controversy of recent years. It has also defeated attempts to certify nationwide classes in cases including Walsh v Ford. American Honda is also a key client. Randy Edwards, based in San Francisco, is particularly recommended for class actions. Brian Anderson in Washington DC and Tad Allan in Los Angeles are also recommended.

Snell & Wilmer LLP is a Phoenix-based firm with a national presence, and its product liability practice spans a number of industries. In the automotive and transport space, its expertise includes defending clients in litigation cases alleging defects involving motor vehicle stability and handling, post-collision fires and vehicle occupant safety issues. Key clients include Brunswick Boat Group, Caterpillar, Ford, General Motors, Land Rover, Mercury Marine and Searay Boats. The practice is headed by Vaughn Crawford, who divides his time between Phoenix and Las Vegas. Senior litigator Warren Platt in Phoenix and Orange County is ‘a tremendous trial lawyer’, while Bryon Benevento in Salt Lake City is also highly recommended.

Ballard Spahr LLP’s product liability practice is particularly strong within the automotive sector, wherein Kia is one of its longstanding clients. It is serving as co-counsel for the company in litigation over alleged defects – premature wear, vibration and the need for frequent repairs – in the design of the Kia Sephia braking system. Plaintiffs argued that the company’s alleged knowledge of the problems meant it breached warranty and violated the New Jersey Consumer Fraud Act. The case was notable for the class action being decertified after a jury verdict without an appeal. The firm is also defending Subaru in class actions brought against a group of car manufacturers and OnStar, alleging fraud on the basis that the companies failed to disclose that OnStar’s analog telecoms equipment would become obsolete. Neal Walters leads the 15-partner team, which also includes John Kearney and Kelley Grady.

Frequently described as ‘outstanding’, Campbell Campbell Edwards & Conroy P.C. receives plaudits for its ‘expertise and legal acumen’. The practice has earned a fine reputation for taking a hands-on approach representing a select group of clients. Ford regularly instructs the firm, and one of the most significant trials it acted on in 2010 was Elick v Ford in the Western District of Pennsylvania, a case in which the plaintiff was rendered quadriplegic following the rollover of a 1994 Ford Explorer. The defense team successfully argued that the roof and seatbelt designs were safe and that the neck injury was not a direct result of the roof crush that occurred during impact; the jury returned a unanimous defense verdict for Ford. Routinely hailed as ‘one of the best’ in his field, James Campbell is an ‘outstanding trial lawyer who can grasp technical issues very quickly’ and ‘achieves tremendous results for his clients’. William Conroy is also thoroughly recommended.

Hartline, Dacus, Barger, Dreyer & Kern, L.L.P. has a sizeable product liability practice, with a remit that stretches from straightforward non-injury matters to complex multiparty cases. With offices in Dallas and Corpus Christi, the practice is a first choice as Texas counsel for a number of major manufacturers of automobiles, motorcycles, agricultural and industrial vehicles, although it also represents clients on a national basis. Recent highlights include acting for Nissan in relation to a putative consumer fraud class action alleging that the company delayed the correction of erroneous marketing which claimed the Altima vehicle model was fitted with an anti-lock braking system. Other clients include BMW, Kia, Mazda, Mercedes, Mitsubishi and Subaru. The firm is also on the trial counsel panels of General Motors and Toyota, and is Texas counsel for Ford and Chrysler. Clients recommend Kurt Kern, J Karl Viehman and David Stone, each of whom is based in Dallas.

O’Hagan Spencer LLC is an ‘excellent’ boutique of courtroom lawyers with offices in Richmond, Chicago and Los Angeles; its practice operates nationally but has a particularly strong presence in the southeastern US. The group’s clients include General Motors, Honda, Hyundai, Isuzu, Kia and Nissan, for which it is regularly instructed on a mix of rollover and product defect cases and class actions. Chris Spencer is regarded extremely highly for his work in this field.

Thompson Coburn LLP has considerable expertise when it comes to risk management and litigation prevention, and its large and diverse product liability practice acts for a number of clients from the road, rail and shipping industries. These include manufacturers and operators of motorcycles, heavy goods vehicles, railroads, all-terrain vehicles and watercraft. The firm serves as national coordinating counsel for Kawasaki’s motorcycle product liability cases. Other clients include Goodyear, Hatteras Yachts, Honda North America, Michelin, Norfolk Southern, Union Pacific Railroad and Yamaha. St Louis-based Thomas Jayne and Richard Mueller are recommended. The firm’s appellate practice is a useful adjunct.