Noted for its strengths in product liability matters, as well as toxic tort and environmental litigation, McDermott Will & Schulte is active in a wide variety of claims ranging from large-scale aggregated litigation in federal and state courts, to litigation within the agrichemical and life sciences sectors. In product liability claims, New York-based James Pardo is sought after for his expertise in claims involving a range of environmental concerns including hazardous waste regulations and clean air laws.  Anthony Upshaw , in Miami and Washington DC, leads the practice group and is a key name, having found success in product liability defenses, class actions and mass torts.
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Work Department

Litigation & Dispute Resolution

Position

Anthony (Tony) Upshaw represents clients on product defense, class action, mass tort and complex civil litigation. Over the course of his career, Tony has tried more than 30 civil jury trials to verdict.

Tony is a Fellow in the American College of Trial Lawyers. Often asked by clients and colleagues to “step into the breach” as trial counsel, he has been recognized nationally for his ability to relate to juries around the country. Tony frequently speaks at various legal association functions, particularly on issues surrounding voir dire, trial technique and diversity in the courtroom. He was a featured speaker at the Union Internationale des Avocats (UIA) Congress in Paris, France, presented the “Hot Topics in Product Liability Litigation” at the DRI Conference in New Orleans, and testified at the hearings for the American Bar Association (ABA) Presidential Diversity Summit in Boston.

Please visit McDermott website for full biography: https://www.mwe.com/people/upshaw-anthony-n/

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Key clients

  • American Petroleum Association
  • Bayer
  • BDO
  • DECRA Roofing Systems
  • ExxonMobil
  • Monsanto/ Bayer
  • NCAA

Work highlights

Advising ExxonMobil as lead strategic and trial counsel in the mass tort environmental and product liability cases brought by New Jersey, Pennsylvania, and Maryland.
Advising Monsanto with numerous product liability mass tort cases related to manufacture, sale and distribution of polychlorinated biphenyl (PCB).
Representing DECRA Roofing Systems in Kari Broy et al. v. 3M Company et al., where the plaintiffs allege that 3M manufactured per- and polyfluoroalkyl substances (PFAS), including PFOS and PFOA, which contaminated the water supply of the City of Corona.