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. 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, NovaSure®, Lead Paint, Plavix®, Proton Pump Inhibitors, Reglan®, Roundup®, Seroquel®, Tobacco, Testosterone Replacement Therapy, Xarelto®, and Zoloft®.

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

Finalist: Product Liability Department of the Year, The American Lawyer
Clients call Arnold & Porter litigators "master strategists," "trusted trial lawyers" and "effective advocates in court." —Chambers USA
2018 Recipient of the Chambers USA Award for Product Liability Capabilities
Chambers USA Awards 2018

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
  • Endo Pharmaceuticals as national counsel for a series of cases in the opioid litigation, including an MDL and coordinated and single state court proceedings.
  • 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.
  • Numerous manufacturers and retailers in negotiating corrective action plans with CPSC and implementing voluntary recalls for a wide variety of products, helping to minimize business disruption, and reduce potential exposure in product liability and consumer protection lawsuits.
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