Capabilities
Product Liability Litigation

Class Actions

As a premier class action defense firm, we handle class actions related to consumer protection/false advertising, antitrust, product liability, securities, distributor disputes, and environmental matters, among other areas. We draw on the full litigation resources of our firm, including a deep bench of experienced class action attorneys, to litigate in state and federal courts throughout the United States. We also have substantial experience with the intersection of class action claims and arbitration clauses.

Our clients include such leading firms as ARCO/BP, General Electric, GlaxoSmithKline, Honeywell, Philip Morris, Pfizer/Wyeth, Roche, and many others.

Representing defendants in class action litigation demands a level of resources, strategic skill, and legal acumen that is the hallmark of our firm. We have devised many innovative ways to defeat class actions, advancing new legal theories to bar or limit plaintiffs' legal claims, extricating clients from inappropriate and unfavorable forums, and highlighting conflicts between class members.

In many class actions, the decision on class certification is pivotal, and we have succeeded in extraordinary victories. In one case alleging consumer fraud by a major retailer, the firm came into an ongoing case and succeeded in having a class decertified. On behalf of Philip Morris, we have prevailed against class certification repeatedly, for example, defeating certification of a statewide class of smokers of "light" cigarettes in Oregon and a putative nationwide class in New York for purposes of assessing damages. We prevented class certification in suits charging an insurance company with consumer fraud, as well as in product liability and toxic tort cases.

Experience

Philip Morris USA Engle progeny litigation

Represent client in over 8,000 cases filed by plaintiffs in state and federal courts in Florida asserting claims for personal injury and wrongful death.

Atlantic Richfield Co. Jackson v. Glidden, et al.

Defended against complaints seeking medical monitoring, abatement and other relief for a class of all Ohio children with elevated blood lead levels.

Cristal USA (fka Millennium Inorganic Chemicals, Inc.) Titanium dioxide antitrust class action litigation
Represent client in putative class action where indirect purchaser plaintiffs allege a price-fixing conspiracy among US producers of titanium dioxide.
Philip Morris USA Sullivan v. Philip Morris USA; Brown v. Brown & Williamson Tobacco Corp., 479 F.3d 383 (5th Cir. 2007).
Represents client in case involving federal appellate preemption

Perspectives

And Now A Word From The Panel: An Inconvenient MDL
Class Action Law360, Consumer Protection Law360, Product Liability Law360, Securities Law360, Telecommunications Law360, Trials Law360
Product Liability Litigation Update—June 2016
A publication of the Product Liability Practice Group
Four Things Every In-House Counsel Should Know About Economic Injury Class Actions
Arnold & Porter LLP
Lit Alerts—February 2016 (pdf)
A publication of the Litigation Practice Group
Product Liability Litigation Update—November 2015 (pdf)
A publication of the Product Liability Practice Group
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Overview

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