Ms Diane Flannery > McGuireWoods LLP > Richmond, United States > Lawyer Profile

McGuireWoods LLP
United States
Diane Flannery photo

Work Department

Product and Consumer Litigation




Diane Flannery has tried complex products liability cases in federal and state courts, including high-profile cases that The National Law Journal has identified as some of the most significant cases tried. She also has worked on a variety of class action and multidistrict (MDL) litigation matters. Diane is currently lead counsel in the In Re Lumber Liquidators MDL pending in the rocket docket of the Eastern District of Virginia involving more than 140 class actions alleging excessive levels of formaldehyde in Chinese manufactured laminate floors. During her 25 years of practice, she has had extensive experience coordinating and managing large-scale defense efforts that involved hundreds of cases pending in different jurisdictions. She also has defended emotionally charged severe injury and death cases and is experienced working with medical and scientific issues. Diane has significant experience advising clients on punitive damages, product recalls, and matters before the Consumer Products Safety Commission (CPSC). Diane has served as defense counsel in a wide range of product liability cases, including ones involving lead paint, tobacco, beryllium, asbestos, aluminum, food manufacturers, all-terrain vehicles (ATVs), wheelchairs, pap smears, batteries, airplanes, window blinds, building products, pet pharmaceuticals, children’s shoes, boats, lighting fixtures and furniture. Diane is active in the community and has served on a variety of boards, including the Board of Trustees for the National Multiple Sclerosis Society Georgia Chapter and the Board of Trustees for the Junior League of Atlanta. Diane is a member of the Junior League of Richmond and Impact 100, which provides transformative grants to Richmond non-profit organizations to improve the community. Diane is a Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society composed of less than one half of one percent of American lawyers who are selected upon “effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.” Diane has been AV Preeminent Rated by Martindale-Hubbell for more than a decade. She was selected for the Georgia 100 Leadership Program and the Leadership Atlanta Program. She also was selected to be a Master in the Lamar Inn of Emory University and the John Marshall Inn of the University of Richmond School of Law. She also serves on the Board of the Richmond Chapter of the Federal Bar Associations.

Lawyer Rankings

United States > Industry focus > Environment: litigation

McGuireWoods LLP has experience in four broad areas, namely air, brownfields, waste and water. The team is made up of senior counsel John Lain, who handles environmental matters related to infrastructure development, such as brownfields redevelopment and hazardous and solid waste liability; Scott Oostdyk, who represents businesses in land use issues and a variety of pollution problems, including water and hazardous substance cases; and Eugene Mathews III, who handles nuisance litigation. Vishwa Link chairs the regulatory and compliance department, and Diane Flannery chairs the product, environmental and toxic tort litigation department. The firm is primary outside litigation counsel on environmental issues for copper mining giant ASARCO, having recently successfully represented the client in a case before a federal court in Montana ordering Atlantic Richfield to pay Asarco $28m towards the cleanup of a Montana Superfund site. David Franchina joined the Charlotte office from K&L Gates in September 2018. Lawyers are based in Richmond unless otherwise stated.

United States > Dispute resolution > Product liability, mass tort and class actions: automotive/transport - defense

Perry Miles leads the Richmond-based automotive product liability practice at McGuireWoods LLP, while Diane Flannery heads the wider product liability environmental and mass tort litigation group. The team regularly handles sector-related product liability claims and class actions. Together with Tracy Walker and Samuel Tarry, Miles is acting as national class action and product liability counsel for Ford; in this capacity, the team was recently involved in a class action concerning allegations of defective door latches in Ford F-150s manufactured between 2015 and 2017. In December 2018, Courtney Shytle joined the office in Columbia from Bowman and Brooke LLP.

United States > Dispute resolution > Product liability, mass tort and class actions: consumer products (including tobacco) - defense

Headed by Diane Flannery, McGuireWoods LLP’s practice is particularly active in wrongful death, catastrophic personal injury and consumer fraud litigation, where it regularly represents clients from the equipment, automotive and tobacco industries. Key highlights include defending Lumber Liquidators in two MDLs concerning the presence of carcinogen chemicals in laminate flooring sold by the client, and acting for Universal Corp and Universal Leaf Tobacco Company in several lawsuits relating to children born with birth defects as a result of exposure to hazardous herbicides and pesticides used in the cultivation of tobacco in Argentina. Terrence Bagley, Perry Miles, and Samuel Tarry are other names to note. In summer 2018, Angela Spivey departed to Alston & Bird LLP, but Courtney Shytle, formerly at Bowman and Brooke LLP, joined the Columbia office in December 2018. All partners are based in Richmond unless otherwise indicated.

United States > Dispute resolution > Product liability, mass tort and class actions: toxic tort - defense

With particular strength in the consumer goods sector, the Richmond-based team at McGuireWoods LLP handles product liability litigation and class actions arising from chemical exposure, catastrophes and environmental contamination. Stephen Busch acted for Universal Corporation and Universal Leaf Tobacco as lead trial counsel and coordinating counsel in several lawsuits alleging that exposure to herbicides and pesticides used in the cultivation of tobacco in Argentina caused birth defects in children. In other work, practice head Diane Flannery is representing Lumber Liquidator as lead counsel in 140 class actions relating to the sale of Chinese laminate flooring containing high levels of a carcinogenic chemical.