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 Kaye Scholer 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. The firm has 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

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.

Atlantic Richfield Co. Litigation arising from alleged contamination of a private water supply

Argued successfully that no actionable damage existed in water wells containing MTBE concentrations that did not exceed state regulatory or reporting limits.

Medical supply company Vinyl gloves litigation

Proposition 65 lawsuit regarding DEHP in vinyl gloves.

Atlantic Richfield Co. Thomas v. Atlantic Richfield Co., et al.

Obtained jury defense verdict in matter involving personal injury claims against lead pigment manufacturer.

Atlantic Richfield Co. New Jersey lead pigment litigation

Obtained landmark New Jersey Supreme Court decision dismissing 26 public nuisance cases by cities and counties seeking costs of lead-related medical and educational programs and abatement of all lead paint in buildings throughout New Jersey.

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Perspectives

Lit Alerts—November 2017
A Publication of the Litigation Practice Group
Meaning of defect? Court of Appeal clarifies s3 Consumer Protection Act 1987
BioSlice Blog
Lit Alerts—October 2017
A Publication of the Litigation Practice Group
And Now A Word From The Panel: Billing For An MDL
Class Action Law360, Consumer Protection Law360, Immigration Law360, Product Liability Law360, Public Policy Law360, Telecommunications Law360
Lit Alerts—September 2017
A Publication of the Litigation Practice Group
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Recognition

Chambers UK
Product Liability: Mainly Defendant (2005-2018)
Life Sciences: Product Liability (UK-wide) (2013-2018)
LMG Life Sciences Guide
Non-IP Litigation: Product Liability (2012-2017)
The Legal 500 UK
Product Liability: Defendant (2002, 2006, 2010-2017)
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Overview

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