Product Liability
and Mass Tort
Attorney Advertising
Attorneys Dedicated To
Defeating Product Liability
Claims at Every Stage
. We know how to win
cases—but there is more
to great lawyering than
securing defense verdicts.
Our industry knowledge
and trial experience
enable us to help clients
avoid litigation in the
first place.
We manage litigation in a way that promotes efficiency and allows our clients to focus
on their business.
case management
We have tested processes in place for managing national networks of local counsel and
securing the right expert in any venue. This allows us to manage discovery and trial
preparation to increase efficiency and reduce cost.
collaboration
our experience
Our attorneys handle significant jury
trials in federal and state courts across
the country, utilizing every resource to
prevail—at every stage of the case.
• Creatively attacking the pleadings to
limit or frame the issues
• Challenging expert testimony under
Daubert or Frye
• Successfully decertifying classes on the
pleadings, in evidentiary certification
hearings, and during and after trial
• Utilizing aggressive in limine
motion practice and other pretrial
methods
• Deploying trial teams with
experience in hostile trial venues
our representations
We represent clients ranging from
start-ups and growing businesses to the
world’s largest medical device,
pharmaceutical, and manufacturing
companies, including:
• AM General LLC
Product liability cases are rarely confined to a single legal discipline. Our clients benefit
from the seamless integration of our product liability practice with attorneys skilled and
experienced in labor and employment, government relations, white collar defense, and
intellectual property.
• DuPont
alternative dispute resolution
• Subaru of America, Inc.
Outside the courtroom, we have developed ADR programs that enable clients to
control individual cases and mass tort actions without public scrutiny and the excessive
cost of litigation.
• The Goodyear Tire &
Rubber Company
preventive services
Through prelitigation counseling, we help companies improve their internal
communications and reduce their exposure to risk. We design employee training
programs that increase sensitivity to tort risk and help companies develop product
operation manuals, service bulletins, and campaign and recall notices.
• Honeywell, Inc.
• Kia Motors America, Inc.
• Milacron, Inc.
• Valero Energy Corp.
.
We work closely with clients to develop winning
approaches to managing litigation.
focus on decertification
A full jury trial is sometimes the only way to develop a full record to decertify a class. In Little v. Kia Motors America, Inc., we
secured a rare post-trial decertification for Kia. After defeating certification of a national class during the pleading stage, Ballard
Spahr lawyers secured a defense verdict at the trial on the plaintiffs’ consumer fraud claim.
Our lawyers then persuaded the judge to
reject in its entirety the plaintiffs’ only factual argument linking the class members. By staying relentlessly focused on
decertification during and after trial, our lawyers convinced the trial judge that the remaining damages verdict was not commonly
shared by the proposed class. The trial court decertified the class, vacated the damages verdict, and ordered claims proceedings.
PRETRIAL TENACITY
When a major petrochemical provider was sued for the alleged wrongful deaths of two refinery workers, it turned to Ballard Spahr.
Our lawyers were required to respond to 100 fact and nearly two dozen expert depositions.
To defeat spoliation motions, we
managed more than 100,000 documents. Our lawyers successfully argued dozens of motions that excluded crucial opinions of the
plaintiffs’ eight expert witnesses, eliminating the basis for the plaintiffs’ punitive damages claims and prevailing against those claims
on summary judgment. After a mistrial in early 2010 for which plaintiffs’ counsel was sanctioned, the case settled favorably for
our client.
LEGAL AND BUSINESS FORESIGHT
Ballard Spahr was lead trial counsel for a global rubber manufacturer in a series of high-risk product liability jury trials.
The trials
took place in state and federal courts, and our lawyers secured uniformly favorable results, leading to a substantial reduction in the
plaintiffs’ demands. Ultimately, this allowed us to structure and secure approval for a favorable class settlement. Throughout this
litigation, we worked with the client daily, discussing strategies, trial planning, public relations, and long-term goals.
At the
conclusion of the representation, our client’s board of directors passed a special resolution, thanking our lawyers for their
“dedication, wise counsel, and professionalism.”
. For more information, please contact:
Neal Walters | Practice Leader, Product Liability and Mass Tort | 856.761.3438 | waltersn@ballardspahr.com
Atlanta | Baltimore | Bethesda | Delaware | Denver | Las Vegas | Los Angeles | New Jersey | New York
Philadelphia | Phoenix | Salt Lake City | San Diego | Washington, DC | www.ballardspahr.com
. .