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Burg Simpson Eldredge Hersh & Jardine, P.C.

40 INVERNESS DRIVE EAST, ENGLEWOOD, DENVER, CO 80112, USA
Tel:
Work +1 303 792 5595
Fax:
Fax +1 303 708 0527
Email:
Web:
www.burgsimpson.com

Seth Katz

Tel:
Work +303 792 5595
Email:
BURG SIMPSON ELDREDGE HERSH & JARDINE

Work Department

Mass Tort

Position

Seth Katz is a shareholder for the Denver office of Burg Simpson Eldredge Hersh & Jardine, P.C. His practice areas include civil litigation, class action and multidistrict litigation, commercial litigation, complex litigation, consumer litigation, [pharmaceutical and medical device litigation, products liability, and securities.

Career

Mr. Katz joined Burg Simpson in September 2005 after six years with the New York law firm of Seeger Weiss LLP, in which he was a partner. Mr. Katz focuses his practice primarily in the areas of complex, pharmaceutical mass tort, and class action litigation including consumer protection, securities fraud, products liability and commercial litigation. In addition to his varied professional experience, Mr. Katz is a frequent speaker on electronic discovery, class actions, and pharmaceutical litigation. Additionally, Mr. Katz has spoken on New York state franchise law and class action litigation at the invitation of the Greater New York Automobile Dealers Association.

Mr. Katz’s current practice involves primarily complex and class action litigation on behalf of aggrieved consumers, corporate shareholders, and property owners, and pharmaceutical mass tort litigation on behalf of those injured as a result of their ingestion of prescription medications and the implantation of medical devices.

Most recently, on August 23, 2017, Mr. Katz was appointed to the Plaintiffs’ Executive Committee in In re: Proton Pump Inhibitor Products Liability Litigation (MDL 2789) by the Hon. Claire C. Cecchi, which is pending in the District of New Jersey.  In August 2014, Mr. Katz was appointed to the Plaintiffs’ Executive Committee in In re: Testosterone Replacement Therapy Products Liability Litigation (MDL 2524) by the Hon. Matthew F. Kennelly, which is pending in the Northern District of Illinois.  In that MDL, he also serves as the Co-Chair of the Discovery Committee overseeing the discovery against 5 manufacturers of six different products involved in that MDL.  In September 2012, Mr. Katz was appointed as Co-Lead Counsel in the In re Pradaxa (Dabigatran Etexilate) Products Liability Litigation (MDL 2385) by the Hon. David R. Herndon (Chief Judge of the United States District Court for the Southern District of Illinois).  In May 2014, the Pradaxa MDL announced a $650 million settlement program on behalf of approximately 4,000 claimants after 21 months of litigation.  Mr. Katz was one of the primary negotiators of that settlement and as Co-Lead Counsel in the MDL played an active role in the administration of the settlement, including the resolution of private and government medical liens.  In January 2011, Mr. Katz was appointed to the Plaintiffs’ Steering Committee in the In re DePuy Orthopaedics, Inc. ASR Hip Implant Products Liability Litigation (MDL 2197) by the Hon. David A. Katz, in the Northern District of Ohio.  Mr. Katz was one of the primary attorneys who prosecuted the In re Zyprexa Products Liability Litigation (MDL No. 1956) that resulted in a $700 million settlement, where he not only held a leadership role in conducting discovery but he also served as chair of the law and briefing committee.  Mr. Katz has been recognized by the Legal 500 as “highly experienced, excellent… in all phases of the mass tort and class action practice areas.”

Mr. Katz also served as the chair of the Discovery Committee in the In re Yasmin and Yaz (Drospirenone) Marketing, Sales Practices, and Products Liability Litigation (MDL 2100) pending in the Southern District of Illinois, before the Honorable David R. Herndon.  In August 2015, Judge Herndon appointed Mr. Katz to the Negotiating Plaintiffs’ Committee as part of the team that negotiated a global settlement with Bayer of the arterial injury cases.  Mr. Katz has also served as one of the Co-Chairs of the Discovery Committee in the In re Gadolinium Based Contrast Agent Products Liability Litigation (MDL 1909), pending in the Northern District of Ohio.  Mr. Katz was appointed to the Plaintiffs’ Steering Committee by Justice Helen Freedman for the ReNu with MoistureLoc litigation pending in New York State Supreme Court.  Mr. Katz was one of the lead attorneys prosecuting the In re Ortho Evra Products Liability Litigation (MDL 1742) on behalf of women who suffered serious adverse events as a result of the use of the Patch, where he held a leadership role in conducting discovery.  At the 2006 AAJ Annual Convention in Seattle, Mr. Katz was elected as Co-Chair of the Ortho Evra AAJ Litigation Group.  While Mr. Katz was at Seeger Weiss, he served as co-chair of the law and briefing committee in the In re Neurontin Marketing and Sales Practices Litigation (MDL No. 1629), pending before the Hon. Patti Saris, in the District of Massachusetts.  Additionally, Mr. Katz represents or has represented those injured by Testosterone Replacement Therapies, Power Morcellators used during laparoscopic uterine surgery, Pradaxa, Xarelto, Actos, Invokana, Gadolinium Based Contrast Agents, YAZ/Yasmin/Ocella birth control pill, Zimmer Durom Cup artificial hips, DePuy ASR and Pinnacle artificial hips, Wright Medical artificial hips, Biomet artificial hips, Vioxx, Zyprexa, the Ortho Evra birth control patch, Bausch & Lomb’s ReNu with MoistureLoc contact lens solution, AMO’s Complete MoisturePLUS contact lens solution, Zicam nasal gel, Bextra, Celebrex, Propulsid, Rezulin, Baycol, PPA, Ephedra, Trileptal and Guidant and Medtronic defibrillators as well as other drugs and devices.

Mr. Katz served as Liaison Counsel to the court in a nationwide class action pending in the United States District Court for the District of Colorado against Western Union stemming from Western Union’s practice as it relates to unclaimed funds and failing to provide notice to customers that the funds they wired could not be delivered and failing to adequately return the funds to the sender in a timely fashion.  A class settlement was reached and approved by the District Court in 2013 and was implemented in 2016 after appeal by an objector.  During his time at Seeger Weiss, Mr. Katz and Seeger Weiss also served as lead counsel in Manavazian v. ATEC Group, Inc., a securities fraud class action, which resulted in a significant settlement for the class, as well as serving as counsel in several other consumer fraud cases against some of the nation’s largest companies such as Apple, IBM, Firestone Tires, Progressive Insurance Company, Allstate, State Farm, and Panasonic.  In 2004, Mr. Katz was one of the lawyers who tried a class action to jury verdict against Allstate Insurance Company due to its failure to fully compensate its policyholders in accordance with the terms of its policy in St. Clair County, Illinois (Sims v. Allstate, 99-1-393-A).

Mr. Katz was the inaugural President of The Mass Tort Trial Lawyers Association, until July 2013.  The Mass Tort Trial Lawyers Association is made up of attorneys who are dedicated to obtaining fair compensation for clients who have been injured by defective products, dangerous pharmaceuticals, or other conduct causing large-scale injuries.  The Mass Tort Trial Lawyers Association’s goal is to enable members to draw upon the association’s strong training, educational and networking resources so they may derive benefits that were either unavailable or difficult to find on their own.  In addition, Mr. Katz is on the Board of the National Trial Lawyers Association.  Mr. Katz served on the Editorial Board of the Corporate Observer Blog, a blog dedicated to protecting consumer rights.

After graduating from law school, Mr. Katz served as an Assistant District Attorney in New York City. During his time as an Assistant District Attorney, Mr. Katz handled thousands of cases and successfully prosecuted both felonies and misdemeanors through jury verdict. Mr. Katz successfully tried cases ranging from DWI prosecutions to narcotics cases and assisted in the prosecution of homicide trials, including one against two members of the Latin Kings, one of New York City’s most violent gangs. In addition to trying cases, Mr. Katz conducted homicide investigations on behalf of the District Attorney’s Office leading to the arrest and conviction of some of New York City’s most serious criminals. In addition to his duties as a trial lawyer, Mr. Katz also volunteered to handle appellate matters for the District Attorney’s Office’s Appeals Division.

Prior to joining Seeger Weiss, Mr. Katz was an Associate at Loeb & Loeb LLP in New York City. There he represented clients ranging from Fortune 500 companies and banking institutions to individuals in a wide variety of complex litigation and pre-litigation matters. Mr. Katz was part of a small group of lawyers that often performed internal investigations in order to design or modify corporate compliance policies on behalf of Loeb & Loeb’s clients. Mr. Katz was also part of Loeb & Loeb’s white collar criminal practice where he represented clients in a variety of different securities fraud and money laundering matters.  He represented a Fortune 500 company in a governmental investigation of the allegedly illegal transfer of missile technology to China.

Some of Mr. Katz’s representative cases include: Dacey v. Morgan Stanley Dean Witter & Co., 263 F.Supp.2d 706 (S.D.N.Y. 2003); Lester v. Percudani, 2003 WL 22132790 (Sept. 15, 2003 M.D. Pa.); Namer v. America Networks Int’l, 2001 WL 30663 (Jan. 12, 2001 S.D.N.Y.); Funrise Canada (HK) Ltd v. Zauder Bros., Inc., 1999 WL 1021810 (July 2, 1999 E.D.N.Y.); Manavazian v. ATEC Group, Inc., 2001 WL 951779 (Aug. 23, 2001 E.D.N.Y.); In re Starlink Corn Products Liability Litigation, 211 F.Supp.2d 1060 (N.D. Ill. 2002); In re Starlink Corn Products Liability Litigation, 212 F.Supp.2d 828 (N.D. Ill. 2002).

Mr. Katz was born in New York, New York. He obtained a Bachelor of Arts, with distinction, from the University of Michigan in 1990 and earned his law degree, cum laude, from Boston University School of Law in 1993.

Mr. Katz is admitted to practice law in state courts in Colorado, Wyoming, Arizona and New York as well as the United States District Courts for the District of Southern, Eastern and Northern Districts of New York, the United States District Court for the District of Colorado, the United States District Court for the District of Wyoming, the United States District Court for the District of Arizona, the 10th Circuit Court of Appeals, and the United States Supreme Court.  Mr. Katz is Preeminent AV rated by his peers in Martindale Hubbell, and he has been recognized as a Super Lawyer in Colorado in 2012, 2013, 2014, 2015, 2016, 2017 and 2018.

Member

The National Trial Lawyers; Mass Tort Trial Lawyers Association, President, through January 2013; American Association for Justice; Colorado Bar Association; Colorado Trial Lawyers Association (CTLA); Arapahoe County Bar Association

Education

J.D., 1993, Boston University School of Law, Cum Laude; B.A., 1990, University of Michigan, Ann Arbor, with distinction/class honors

Leisure

Executive Committee of the Board of Directors of Make-A-Wish Colorado


United States: Dispute resolution

Product liability, mass tort and class action: pharmaceuticals and medical devices - plaintiff

Within: Leading lawyers

Seth Katz - Burg Simpson Eldredge Hersh & Jardine, P.C.

Within: Product liability, mass tort and class action: pharmaceuticals and medical devices - plaintiff

Burg Simpson Eldredge Hersh & Jardine, P.C. has a strong track record representing plaintiffs in mass torts and MDLs in the pharmaceuticals and medical devices sector. The practice is jointly led by Kerry Jardine, Peter Burg and founding partner Michael Burg; Seth Katz and Cincinnati-based Janet Abaray co-head the firm’s mass tort group. Katz continues to act for the plaintiffs’ executive committee in several testosterone replacement therapy (TRT) lawsuits, involving high-profile TRT products, such as Testim and Axiron. Katz also defends the plaintiff side in proton pump inhibitor (PPI) cases, which were recently transferred to New Jersey and consolidated into an MDL. Other recent work includes acting for plaintiffs across the country in various hip implant product liability lawsuits. Meghan Quinlivan and Scott Eldredge are other key figures; all named partners are based in Denver, unless otherwise noted.

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