At Ballard Spahr LLP, the product liability and mass tort team frequently work on high-value and complex product cases pending in both the federal and the state courts. Operating primarily out of New Jersey, the team specializes in handling complex product liability cases nationwide, from catastrophic injury claims to national class actions and appeals. The firm serves a diverse client base, including leading automotive companies and emerging technology firms, offering strategic counsel on product risks, warranties, and compliance to prevent litigation. Notable recent achievements include defending Subaru in six national class actions, securing rare post-trial class decertification in a major case, and successfully limiting class actions at early stages. Head of team Neal Walters directs the group, with extensive experience counseling automotive companies on regulatory, product development, and service issues, as well as defending them in product liability litigation. Steven Burkhart, a former general counsel, works out of Maryland to bring additional expertise in commercial litigation, internal investigations, product liability, and risk management matters, while Casey Watkins specializes in hands-on autonomous vehicle regulatory experience, further bolstering the team’s technical expertise. All lawyers mentioned are based in New Jersey unless otherwise stated.
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- Profile
Key clients
- Subaru Corporation of Japan and Subaru of America
- Shock Doctor, Inc.
- Sottoriva SPA
- Lubert Adler and 2400 Market, Inc.
Work highlights
- Weston v. Subaru Corporation and Subaru of America. In a putative national class action that has received national media attention, plaintiffs allege defects that result in unintended and sudden acceleration in nearly 2 million vehicles spanning multiple model years of Legacy, Outback, and Forrester models. The firm secured, after briefing and oral argument, the transfer and consolidation of a related action from the Central District of California. Following multiple rounds of briefing and a court ordered meet-and-confer, the firm secured the voluntary dismissal of a significant number of claims pleaded in this action. The firm's lawyers produced tens of thousands of data files relating to past vehicle investigations negating plaintiffs’ allegations; conducted a dozen inspections of the vehicles of named class representatives around the country; and completed numerous depositions of the named plaintiffs. While litigating the case, class counsel filed a letter with NHTSA requesting an investigation and the firm's lawyers coordinated a response. Over the past year, the firm has defended 10 depositions of Subaru of America and Subaru Corporation witnesses. This included a two week trip to Tokyo, Japan, during which the firm defended the depositions of 4 Japanese engineers with respect to a broad range of technical topics relating to vehicles’ electronic throttle control. The firm is about to complete substantial expert discovery relating to automotive electronics, human factors and economic damages, and will be briefing summary judgment, Daubert and class certification motions for the next 3 months.
Lawyers
Leading associates
Leading associates with regular involvement in their team's key work, and recognition from peers or clients as being ones to watch.
Practice head
Neal Walters
Other key lawyers
Steven Bukhart; Casey Watkins