Steve Glickstein

Steven Glickstein

Senior Counsel

Steven Glickstein has been involved in some of the most highly publicized mass tort litigations in the country, including multidistrict litigations and class actions involving pharmaceuticals, medical devices, agricultural pesticides, blood products, asbestos, tobacco, building construction materials, and consumer products.

Mr. Glickstein has written and lectured extensively on product liability, mass torts, multidistrict litigations, and class actions. He has testified before the Advisory Committee on Civil Rules concerning proposed changes to the federal class action rules. He has successfully opposed class certification in numerous cases, including In re American Medical Systems, Inc., 75 F.3d 1069 (6th Cir. 1996), where the Sixth Circuit granted a writ of mandamus to decertify a class. The decision established "a national trend to deny class certification in drug or medical product liability/personal injury cases." Mr. Glickstein also has defended class action settlements, including international settlements. In one international class action settlement with 50,000 potential claimants, he designed, supervised the implementation of, and successfully defended the adequacy of a massive class notice program in the United States, Canada, Europe, Asia, Australia, Latin America, and the Middle East.

Additionally, Mr. Glickstein has performed product liability due diligence investigations in connection with potential corporate acquisitions, and has counseled clients on proposed tort reform legislation, on product warnings and labeling, on product liability indemnification agreements, in asbestos and silicone cases, and on issues relating to the Consumer Product Safety Commission.

Experience

  • Eight MDL litigations and many state court coordinations as national counsel.
  • Bayer as national counsel in the Xarelto product liability litigation.
  • Knauf Plasterboard Tianjin (KPT) as national counsel in the Chinese Drywall litigation. On February 7, 2013 Mr. Glickstein and his team obtained approval of a landmark global class action settlement resolving the claims of thousands of homeowners who asserted that our client's drywall caused damage to their homes. The settlement allowed the client to repair the affected homes, with the cost established by commercial contracts rather than by litigation experts, thus assuring the most cost-effective resolution. According to Judge Fallon who oversaw the case, "these matters can be resolved because of the quality and ability of the attorneys. That's the secret of the MDL process. It brings out the best of the best. And, because of that, these cases, as complicated as they are, can be resolved."
  • Boston Scientific as national counsel in medical device litigation.
  • Pfizer as lead counsel in Viagra litigation, winning summary judgment in seven cases alleging that Viagra causes heart attacks, including affirmances of all three summary judgments that were appealed. Selig v. Pfizer Inc., 735 N.Y.S. 2d 549 (N.Y. App. Div.-1st Dept. 2002). More recently, his team won summary judgment on claims that Viagra can cause permanent vision loss, "effectively ending" the litigation, according to the MDL judge. In re Viagra Products Liability Litigation, 658 F. Supp 2nd 936 (D. Minn. Aug. 19, 2009) (MDL); In re Viagra Products Liability Litigation, 658 F. Supp 2nd 950(D. Minn. Aug. 19, 2009)
  • Pfizer as national counsel in the Rezulin and Hormone Replacement Therapy litigations. In the Rezulin litigation, Mr. Glickstein won a Daubert decision that had national importance, prohibiting experts from testifying about a company's motive, intent, or ethics, or about the expert's interpretation of company documents. In re Rezulin Prod. Liab. Litig., 309 F. Supp. 2d 531 (2004). In other major Rezulin decisions, his team won Daubert rulings excluding claims alleging latent liver injury, liver cancer, cirrhosis, and cardio-vascular injury. In re Rezulin Products Liability Litigation, 369 F. Supp 2nd 398 (S.D.N.Y. 2005)
  • City of New York in a class action suit involving over 50,000 potential claimants.
  • Pick v. American Medical Systems, Inc., 958 F. Supp. 1151 (E.D. La. 1997), affirmed per curiam, 198 F.3d 241 (5th Cir. 1999), a leading Daubert decision in the area of disease causation, as lead counsel. The court granted summary judgment to the defendant and excluded, in whole and in part, the testimony of 13 plaintiff's experts in such diverse fields as "immunotoxicology," pathology, neurology, ophthalmology, biochemistry, and infectious disease.
  • ADT, the fire alarm company, as lead trial counsel in the San Juan Dupont Plaza Hotel Fire litigation, which involved over 2,000 plaintiffs (including 97 people killed in the fire) and 200 defendants. The case was settled favorably after a 12-month jury trial in 1988.

Perspectives

“State-Law Design-Defect Claims Against Generic Drug Manufacturers are Preempted,” Product Liability Law & Strategy
Federal Jurisdiction Reform
Panelist, “Mediation and Settlement – Real World Strategies,” PLI Webcast
Managing Editor, “Class Action Deskbook,” Kaye Scholer LLP

Recognition

Best Lawyers
New York Product Liability Litigation (2013)
Chambers USA
Product Liability & Mass Torts, National (2006–2013)
LMG Life Sciences Guide
"Life Science Stars” (2012–2013)
More

Credentials

Education
  • JD, Columbia Law School, 1976, Harlan Fiske Stone Scholar
  • BA, Lehigh University, 1973, magna cum laude
Admissions
  • New York
  • Florida
  • Arizona
  • Supreme Court of the United States
  • US Court of Appeals for the Second Circuit
  • US Court of Appeals for the Third Circuit
  • US Court of Appeals for the Fifth Circuit
  • US Court of Appeals for the Sixth Circuit
  • US Court of Appeals for the Eighth Circuit
  • US Court of Appeals for the Eleventh Circuit
  • US Court of Appeals for the Tenth Circuit
  • US District Court, Southern District of New York
  • US District Court, Eastern District of New York
  • US District Court, District of Columbia
  • US District Court, District of Arizona
Activities
  • Former Co-Chair, Class Action Subcommittee, Product Liability Committee, Litigation Section, American Bar Association
  • Member, American Bar Association
  • Member, New York State Bar Association
  • Member, The Florida Bar
  • Member, The State Bar of Arizona
Overview

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