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Product Liability Litigation

Whether it is bellwether jury verdicts, appellate judgments, a motions practice capable of ending thousands of cases, or a proven record employing innovative strategies, Arnold & Porter's Product Liability Litigation practice is known for delivering results. Household names such as Bayer, BP, Bristol-Myers Squibb, Philip Morris, and Pfizer turn to our lawyers as their trusted advisers for their most challenging matters. We are leaders at the strategic level, often working as national counsel on multi-front litigation that involves novel legal concepts and issues of first impression, together with complex procedural issues. We bring extensive experience resolving class actions, MDL and state-coordinated proceedings, and multinational disputes. Nationally recognized as leaders in the field by Chambers USA and Law360, among others, our lawyers have successfully litigated and tried cases in many of the toughest jurisdictions and against some of the most prominent plaintiffs' attorneys.

  • Strategic Litigation Counsel: Viewed as "master strategists," our team is called on to serve as national coordinating counsel, lead trial counsel, class action counsel, or appellate counsel for matters requiring innovative advocacy.

  • Established Record in High-Stakes Cases: Leading some of the most significant products litigation in the last decade — Abilify®, Avelox®, Cipro®, Dilantin®, Fen-Phen, Hormone Replacement Therapy, JUUL®, Lead Paint, NovaSure®, Plavix®, Proton Pump Inhibitors, Reglan®, Roundup®, Seroquel®, Tobacco, Testosterone Replacement Therapy, Xarelto®, Zantac®, and Zoloft®.

  • Technical Expertise: Extensive experience handling sophisticated scientific, regulatory, and technical issues that arise in complex litigation.

Ranked as Band 1 in Chambers USA 2023 Product Liability & Mass Torts: The Elite (Nationwide) for the third straight year.
Chambers USA 2023
“[Arnold & Porter] excels at putting forward persuasive, often first-of-kind strategic arguments, including as it relates to removal strategies and personal jurisdiction arguments…”— Legal 500
Practice Co-Chair named to 2023 BTI “Client Service All-Stars” List
“They help see the forest and the trees, particularly when managing huge litigation spread across multiple states. Their ability to provide coordinating advice is among the best." — Chambers USA

Experience Highlights

  • Atlantic Richfield as national counsel in lead pigment litigation since 1991. Recently secured jury verdict in a personal injury lawsuit under Wisconsin's unique "risk contribution" rule. Burton v. American Cyanamid Co. et al.
  • Auxilium Pharmaceuticals, now Endo Pharmaceuticals, in obtaining jury verdict in bellwether trial for multidistrict litigation involving testosterone replacement therapy. Holtsclaw v. Auxilium
  • Bayer as national counsel in defending its oral anticoagulant prescription medicine, Xarelto®. The cases were coordinated in an MDL proceeding, as well as coordinated state court proceedings. Based on a successful record of judgments, the companies agreed to a favorable settlement.
  • Bayer as national counsel in litigation involving the legacy Monsanto product Roundup®.

  • BP as national counsel in climate change litigation since 2006.
  • Bristol-Myers Squibb and Sanofi in ending 12 years of litigation regarding their blood thinner drug, Plavix®, without a single trial or settlement payment. The litigation spurred the US Supreme Court's review of critical specific jurisdiction issues and resulted in the landmark decision in BMS v. Superior Court of California.
  • Hologic and Cynosure in defeating class certification and obtaining summary judgment in a purported class action regarding the efficacy of the SculpSure® device. Plastic Surgery Associates et al v. Cynosure
  • Philip Morris as trial counsel in the "Engle progeny" litigation and other individual smoking and health cases. We also serve as trial counsel in individual product liability cases across the country.
  • Altria as national counsel in class actions, public entity actions, Attorney General suits, and individual personal injury actions brought by more than 8,000 plaintiffs based on an evapor product manufactured and sold by Juul Labs. We negotiated a $235 million settlement agreement on behalf of Altria between the parties in the California federal and state court litigation.
  • Sanofi as national counsel in product liability litigation involving the presence of the nitrosamine NDMA in the heartburn medication Zantac®.
Language - English

Focus Areas

Key Contacts

Daphne O'Connor
Daphne O'Connor
Partner
Washington, D.C.
+1 202.942.6723
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Recognition

  • U.S. News & World Report and Best Lawyers
    "Best Law Firms" for Product Liability Litigation: Defendants – Washington, D.C., Los Angeles, New York (2024)
    "Best Law Firms" for Mass Tort Litigation/Class Actions: Defendant – National, New York (2024)
  • The Legal 500 U.S.
    Product Liability, Mass Tort and Class Action: Consumer Products (including tobacco) (2023)
    Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices — Defense (2023)
    Product Liability, Mass Tort and Class Action: Toxic Tort — Defense (2023)
  • Chambers USA
    Product Liability: Regulatory – Nationwide (2023)
    Product Liability & Mass Torts: The Elite – Nationwide (2023)
  • Chambers UK
    Life Sciences: Product Liability – UK-wide (2023)
  • The Legal 500 UK
    Product Liability: Defendant — Insurance (2023)
    Product Liability: Defendant (2020)
  • LMG Life Sciences Guide
    Non-IP Litigation and Enforcement: Product Liability (2021)
  • BTI Consulting Group
    Product Liability Litigation Powerhouses (2024)