Capabilities

Product Liability Litigation

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Product liability exposures in large part drive the litigation risk profile of many US and international businesses. With product liability defense a mainstay of our litigation practice for decades, Arnold & Porter brings a breadth of experience and proven track record of outstanding results to assist clients in meeting such challenges. Our premier global practice brings together more than 150 lawyers with the extensive experience and skills to tackle all types of product liability cases and consultations. For a number of years, Chambers & Partners has consistently ranked us as one of the leading product liability firms in the US and the UK.

We have frequently served as national coordinating counsel, lead trial counsel, class action counsel, and appellate counsel for our clients' most important and challenging product liability matters. We are national leaders at the strategic level, working as national counsel to manage multi-front litigations. Our cases often involve novel legal concepts and issues of first impression, together with complex procedural issues. We also have extensive experience dealing with sophisticated scientific, regulatory, and technical issues. We also have a strong and deep roster of talented and experienced trial lawyers in this area. Whether defending against lawsuits claiming a product is defective, developing and marketing a new product, or searching for an innovative strategy to resolve an entire litigation portfolio, clients depend on our lawyers for zealous and strategic advocacy, creativity, and effective solutions.

We are dedicated, first and foremost, to achieving our clients' strategic business objectives. Our lawyers understand that litigation must be managed efficiently and cost effectively, and we partner with clients in innovative ways to achieve those goals. We also have developed programs that can greatly minimize litigation risks, such as product safety counseling, product liability audits, and product liability due diligence for major transactions.

Our product liability practice is both broad and deep, spanning many industries and types of matters. We are a leading firm globally in defending pharmaceutical and medical device mass torts, with decades of experience handling complex multi-jurisdiction litigation. We have substantial experience defending major toxic tort cases and claims alleging injuries from consumer products. We have leading practices in matters before the US Consumer Product Safety Commission (CPSC) and in matters arising under state consumer protection laws, such as California's Proposition 65. Our team, which includes a former General Counsel of the CPSC, regularly assists clients in matters covering the spectrum of CPSC actions—recalls, enforcement actions, and regulatory matters—as well as in litigation that can arise from product safety matters.

Experience

Bristol-Myers Squibb and Sanofi-Aventis In Re: Plavix Marketing, Sales Practices and Products Liability Litigation

Bristol-Myers Squibb and Sanofi-Aventis in obtaining final summary judgment victory that ended 12 years of Plavix product liability litigation without a single trial.

Bayer Corporation Steen v. Bayer, et al.

Ninth Circuit affirmed summary judgment against claims of toxicity in low dose aspirin.

Bayer Corporation In re: Xarelto (Rivaroxaban) Products Liability Litigation

National counsel defending Bayer’s oral anticoagulant prescription medicine.

Auxilium Pharmaceuticals Holtsclaw v. Auxilium

Obtained jury verdict in bellwether trial case for multidistrict litigation involving testosterone replacement therapy.

Fortune 500 energy company In re Methyl Tertiary Butyl Ether (MTBE) Products Liability Litigation (MDL 1358)

Serving as co-national coordinating counsel and lead counsel for cases originating on the West Coast in ongoing national MDL proceedings involving the gasoline additive MTBE.

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Perspectives

For the First Time, Executives Criminally Charged for Knowing and Willful Reporting Violations of the CPSA
Seller Beware: Consumer Protection Insights for Industry
Calif. Chemical Reg Changes Could Affect Many Products
California Law360, Consumer Protection Law360, Environmental Law360, Product Liability Law360, Public Policy Law360, Retail & E-Commerce Law360
And Now A Word From The Panel: An MDL Denial
Appellate Law360, Class Action Law360, Competition Law360, Cybersecurity & Privacy Law360, Employment Law360, Life Sciences Law360, Product Liability Law360, Securities Law360, Tax Law360, Transportation Law360
And Now A Word From The Panel: MDL Year In Review
Appellate Law360, Class Action Law360, Competition Law360, Cybersecurity & Privacy Law360, Intellectual Property Law360, Product Liability Law360, Securities Law360
EU Safety Gate
BioSlice Blog
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Recognition

Chambers USA
Product Liability & Mass Tort (Nationwide) (2004-2019)
Law360
Product Liability Group of the Year (2018)
Litigation Powerhouse (2016)
Chambers UK
Product Liability: Mainly Defendant (2005-2019)
Life Sciences: Product Liability (UK-wide) (2013-2019)
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Overview

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