Product liability, mass tort and class action - plaintiff in United States

Cohen Milstein Sellers & Toll PLLC

Recognized as ‘one of a handful of law firms in the US capable of taking on the largest and most powerful corporate defendants in class actions’, Cohen Milstein Sellers & Toll PLLC displays strong leadership and trial skills, successfully securing high-profile victories against large corporates and government entities. Under the leadership of the vastly experienced Theodore Leopold, the firm continues to act as co-lead class counsel in the high-profile toxic tort Flint water litigation, and is currently attempting to hold two engineering companies to account for alleged professional negligence. This follows on from the firm’s success in fending off sovereign and qualified immunity doctrines and successfully securing court approval for a landmark $625.5m settlement against the State of Michigan. High-stakes toxic tort matters also account for a significant proportion of Leslie Kroeger‘s caseload, with her continuing to work with Leopold on the aforementioned matter as well as a series of five putative environmental toxic tort class actions filed against E.I. DuPont de Nemours Company and The Chemours Company for knowingly discharging PFAS into the Cape Fear River. In Washington DC, Geoffrey Graber, who displays ‘appropriate judgement as to tactics and strategy’ and Douglas McNamara  are also key members of the team, as is former co-chair of the consumer protection group Andrew Friedman, all of whom are particular experts at handling large-scale class actions alleging data breach/privacy infractions. All named practitioners are based out of the firm’s Florida office unless otherwise indicated.

Practice head(s):

Theodore Leopold; Leslie Kroeger


Other key lawyers:

Andrew Friedman; Geoffrey Graber; Douglas McNamara


Testimonials

Cohen Milstein is one of a handful of law firms in the US capable of taking on the largest and most powerful corporate defendants in class actions.’

They are relentless, talented, and well-resourced.’

Geoffrey Graber is knowledgeable, dedicated, and relentless in pursuit of victory, while at all times exercising appropriate judgement as to tactics and strategy.’

Work highlights


  • Continuing to pursue litigation against the EPA and two water engineering companies in the Flint Water Crisis litigation.
  • Court-appointed lead Counsel and plaintiff Steering Committee Chair in a major consumer protection class action (spanning more than 30 states) brought against GM relating to the manufacture and sale of defective eight-speed automatic transmissions.
     
  • Representing plaintiffs throughout the Cape Fear River region in a  consolidated class action brought against DuPont de Nemours allegedly dumping PFAS chemicals in the Cape Fear River, which provides drinking water to hundreds of thousands of North Carolina residents.

Motley Rice LLC

Motley Rice LLC has achieved a slew of notable victories for plaintiffs in product liability matters, particularly related to dangerous or harmful medical drugs and devices, product recalls, vehicle defects and other hazardous products, including tobacco and opioid misuse. Co-founder Joseph Rice, who from the firm’s South Carolina headquarters has been instrumental in securing some notable settlements for plaintiffs in high-profile litigation and continues to maintain an active caseload, as is illustrated by his co-lead counsel roles in the national prescription opiate MDL, as well as a major toxic tort MDL relating to “forever chemicals”. Washington DC-based Linda Singer has also been pivotal to the firm’s work in the opiate litigation, acting for dozens of states, cities and counties in their attempts to claw back financial burdens placed on them over the years in their efforts to address the drug addiction, overdose, and other related costs. Singer’s work in this litigation is emblematic of her overarching expertise at representing public entities, an area where she is able to leverage her previous role as Attorney General of the District of Columbia to good effect. Other recommended practitioners include Carmen Scott, who specializes in handling mass tort pharmaceutical litigation involving women’s health issues; Kevin Dean, whose auto-related product liability expertise, particularly as it relates to airbag technology, is currently exemplified by his role on the plaintiffs’ leadership committee regarding the ARC airbag inflator MDL; Rhode Island-based trial lawyer Fidelma Fitzpatrick, who ‘fights vigorously for her clients in the courtroom’, and Washington DC-based Previn Warren, whose focus on protecting the rights of individuals against unfair and abusive conduct by tech and media companies includes a high-profile role as co-lead of an MDL against multiple social media platforms alleging that the defendants’ platforms are defective because they are designed to maximize screen time. All named practitioners are based out of South Carolina unless otherwise indicated.

Practice head(s):

 


 


Other key lawyers:

John Baden; Kimberly Barone Baden; Esther Berezofsky; Kevin Dean; Michael Elsner; Fidelma Fitzpatrick; Jodi Westbrook Flowers; Vincent Greene; Kristen Hermiz; John Herrick; John Hurst; Mathew Jasinski; Anne McGinness Kearse; Daniel Lapinski; Donald Migliori; Jonathan Orent; Michael Pendell; Joseph F. Rice; Carmen Scott; Linda Singer; Fred Thompson; Previn Warren


Testimonials

‘Fidelma Fitzpatrick fights vigorously for her clients in the courtroom.’

Work highlights


  • Representing more than 3,000 plaintiff communities in the National Prescription Opiate MDL.
  • Representing multiple plaintiffs in the federal MDL and in California state court in the social media litigation that alleges social media giants exploited the insecurities of children to maximize profits and user growth.

Grant & Eisenhofer P.A.

The ‘hardworking and diligent’ team at Grant & Eisenhofer P.A. provides ‘smart and creative’ solutions to plaintiffs seeking recourse against defendants in complex state court coordinated proceedings and on MDL matters. Product liability and toxic tort matters account for a significant and growing volume of the work, alongside the firm’s well-established securities and corporate governance litigation caseload. In this context, the firm has gained a particularly strong reputation representing plaintiffs injured by defective drugs and medical devices, adding particular benefit to clients, not only because of its core substantive/procedural expertise but also by virtue of its access to many in-house physicians, medical consultants and experts. Sindhu Daniel is particularly adept at handling these kinds of cases, including work for individuals affected by defective hernia mesh, as well as for women who have been affected by ovarian cancer, allegedly caused by use of talc-based products. San Francisco-based team head Elizabeth Graham is also pivotal to the firm’s success at handling pharmaceutical and medical devices cases, as well as regularly representing plaintiffs in relation to toxic tort and environmental cases. Other recommended practitioners include former defense attorney Adam Gomez, who excels at handling complex pharmaceutical and medical device litigation and environmental litigation, and senior counsel Samantha Mertz, whose workload frequently includes cases brought against manufacturers of pharmaceuticals and medical devices for harm caused to women and children. All named lawyers are based in Delaware unless otherwise indicated.

Practice head(s):

Elizabeth Graham


Other key lawyers:

Sindhu Daniel; Adam Gomez; Samantha Mertz; Paige Alderson


Testimonials

‘The hardworking and diligent attorneys are smart and creative.’

Work highlights


  • Represents military service members and their families harmed by contaminated water while living or working on Camp Lejeune.
  • Representing members of the HIV community injured by Gilead Sciences, Inc.’s negligent design of tenofovir-based antiretroviral medications.
  • Represents individuals harmed by defective Philips CPAP and BiPAP machines.

Keller Postman LLC

Drawing upon the expertise of acclaimed trial lawyers and litigators spread across the firm’s north and south east offices, as well as its Chicago headquarters, Keller Postman LLC has gained a strong reputation representing individuals in mass torts brought against well-funded corporations. Washington DC-based name partner Warren Postman has been at the forefront of the firm’s efforts to develop streamlined legal technology, ensuring that it has been well-positioned to handle large and document intensive cases for clients, including in toxic tort and product liability matters.. Texas-based Zina Bash  oversees the firm’s mass actions group and was also responsible for founding the public institutions practice. In these roles, Bash has been at the forefront of many of the firm’s highest-profile product liability and mass tort litigation matters, including as co-lead counsel and government liaison on the Camp Lejeune water contamination litigation. Recognized for his expertise at trial and appellate level, ‘very smart’ Chicago-based co-founder Ashley Keller combines ‘superior intellect with business acumen to provide superior representation’ for clients involved in big-ticket MDL matters, regularly arguing crucial issues including as it relates to pre-emption and class action standing.

 

Practice head(s):

Ashley Keller; Warren Postman; Zina Bash


Other key lawyers:

Ashley Barriere; Nicole Berg; Amelia Frenkel; Noah Heinz; Ellyn Gendler; Michelle Lukic


Testimonials

Keller Postman is well equipped to handle merits briefing and appeals.’

‘Their people, skill sets, pedigree and collaboration are second to none.’

Ashley Keller is very smart.’

Work highlights


  • Representing over 75,000 individuals in the Camp Lejeune water contamination case, where veterans, military families, and civilians were exposed to toxic water.
  • Representing parents in litigation against generic acetaminophen manufacturers for not warning about the drug’s link to autism spectrum disorder (ASD) and attention deficit hyperactivity disorder (ADHD) in children exposed prenatally.
  • Leading litigation against makers of Enfamil and Similac for causing necrotizing enterocolitis (NEC) in preterm infants.

Robbins Geller Rudman & Dowd LLP

While it is best known for its securities litigation work for aggrieved investors, Robbins Geller Rudman & Dowd LLP also has a sizeable offering on behalf of plaintiffs seeking recourse for damage caused by product defects. Led out of the firm’s Florida office by name partner Paul Geller, the firm’s consumer fraud and privacy group has, in recent years, been at the forefront of several major consumer class actions. Many of the firm’s successes have arisen out of the sprawling opiate MDL, with San Francisco-based Aelish Marie Baig securing a series of high-profile victories holding manufacturers, distributors, and pharmacies, among others, accountable for their roles in facilitating the opioid crisis. Florida-based Stuart Davidson is also a key member of the team, particularly in light of his skill at handling large consumer class actions involving deceptive and unfair trade practices, privacy and data breach issues, and antitrust violations.

Practice head(s):

Paul Geller


Other key lawyers:

Stuart Davidson; Aelish Marie Baig; Mark Dearman; Dory Antullis; Hadiya Deshmukh; Taeva Shefler


Quinn Emanuel Urquhart & Sullivan, LLP

Quinn Emanuel Urquhart & Sullivan, LLP has considerable exposure to some high-profile plaintiff product liability and toxic tort matters. In his role on the plaintiff's executive committee of service members who suffered hearing-related damage from defective combat earplugs manufactured by 3M, Los Angeles-based Adam Wolfson has secured some notable victories, including in three bellwether trials that have paved the way for large monetary settlements. Wolfson has also been involved, along with Austin-based John Bash, in the high-profile Camp Lejeune water contamination litigation for affected plaintiffs.

Other key lawyers:

Adam Wolfson; John Bash; Kirk Goza


Work highlights


  • Representing thousands of marines, sailors, civilian workers, and their families who were exposed to toxic water at Camp Lejeune.
  • Represent over 6,000 veterans with hearing-related injuries caused by defective combat earplugs manufactured by 3M.