Product Liability and Complex Torts

Product Liability and Complex Torts

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In today's global marketplace, where commerce knows no borders, a mass tort product liability claim can spell potential disaster. You need a legal team with the deep technical and legal knowledge to defend such claims.

At Dentons, you can rely on a team which includes leading practitioners who have experience handling complex product liability litigation and the depth of knowledge required to address industry- and sector-specific issues, such as asbestos and environmental, health care and pharmaceutical, manufacturing, consumer products and electronics and auto industry-related claims. We also defend all types of catastrophic personal injury and property damages matters, arising out of, for example, explosions and fires.

Safeguard your company against potential suits in the face of evolving technology and changing government regulations. Assess liability in the creation, development and implementation of new products. Navigate recalls and licensing disputes. Whatever your needs—from effective communication strategies to mounting a vigorous defense—our lawyers develop strategies to best position your business. We partner with you to minimize your exposure and protect your hard earned reputation.

Experience

America's Food Technologies: Representing a Chicago-based commercial food product manufacturer and seller. The company has a national sales distribution network. In Spring 2010, the company had purchased certain raw materials from a Minnesota company, which material was then included in product made and distributed by the company. When the FDA discovered that the Minnesota entity’s product was contaminated, a national recall was implemented by our client and many other purchasers from the Minnesota entity. Several lawsuits were filed and consolidated in the Northern District of Illinois. As our client was among the top six purchasers affected by the more than 180 purchasers nationwide, we took a lead role. The District Court in the Northern District of Illinois appointed Dentons national liaison counsel for the 180 purchasers and the head of an ad hoc committee of the top six purchasers who sustained the majority of the financial damages. Through a series of legal maneuvers and multiple conferences with the judge and involved parties, including certain major distributors, our team crafted a global settlement involving the Minnesota entity, its insurers, the 180 purchasers and the majority of the distributors. In the end, our client secured a multimillion-dollar settlement in less than a year (that covered the majority of its loss), while expending a mere fraction of that amount on legal fees.
Fougera Pharmaceuticals, Inc.: Handling the defense of an AWP case filed in the State of Louisiana against the client and dozens of other pharmaceutical companies in East Baton Rouge, Louisiana. Our team was able to obtain a favorable settlement.
International automobile manufacturer: Advising and representing one of the biggest international automobile manufacturers in a products liability claim raised by a consumer alleging more than €6 million in moral and material damages. The case which started in 2010 went through all levels of the courts and our team successfully ended the case in the final appellate hearing. The decision of the Supreme Court of the Republic of Azerbaijan was entered in favour of our client on all counts. The successful outcome of the case may be a deterring factor for others to raise similar groundless claims against international automobile manufacturers.
Italian motorcycle manufacturer: Handling investigations by the US National Highway Traffic Safety Administration (NHTSA). The NHTSA probes were triggered by allegations that some motorcycles sold by the manufacturer had defective components. There were claims a faulty fuel injection system could cause "tip-out" stalling, and also claims that fuel tank deformation could lead to fuel leaks. NHTSA investigations determine whether a recall should be issued. In this case, the client strongly denied the allegations and defended the safety of its products. Throughout the investigation process, our team represented the client before the NHTSA successfully, as all open investigations were closed without further action, saving our client significant costs.
KV Pharmaceutical Co.: Acting as national coordinating and lead trial counsel for a series of individual, multi-plaintiff, and class action product liability cases related to product recalls occurring in 2008 and 2009. Defending these cases at the trial and appellate level in the federal and state courts in at least 24 states, leanly staffing the matters with a core team from its Dallas office, and drawing also upon the expertise of lawyers in its own offices in Chicago, New York, New Jersey, Los Angeles, San Francisco, Washington, DC, St. Louis, Kansas City, and Phoenix, our team was able to use its broad experience in the pharmaceutical industry, product liability, class action defense, healthcare, and consumer protection to strategize across disciplines and jurisdictions and provide the client a coordinated defense and comprehensive service. The cases have been largely resolved to the company's satisfaction via dismissal or following early case assessment and resolution. Most recently, there were two major victories involving class actions. In Lefaivre/Polk v. KV Pharmaceutical Co., our team obtained a second dismissal of the case in which the alleged class of plaintiffs claimed economic injury based upon their purchase of a drug that was later recalled by the company. This case had previously been dismissed, the dismissal was reversed by the Eighth Circuit, and upon remand our team again obtained a dismissal. In Herndon v. KV Pharmaceutical Co., our team defeated class certification in a case in which the alleged class of plaintiffs claimed economic injury based upon their purchase of a numbers of drugs that were later recalled by the company. Class certification was denied after discovery, briefing and argument in March of 2012.
Monsanto: Winning a significant class action litigation for Monsanto in 13 different corn- and soy-growing states. The original master class actions complaint alleged wide-ranging price-fixing conspiracy between Monsanto and other defendants relating to genetically modified soybean seed products, plus a range of patent and antitrust violations by Monsanto. We successfully opposed certification of a settlement class and, shortly thereafter, a settlement was reached on an individual basis. We also serve as this client's outside patent counsel, processing a substantial portion of their patents and managing patent portfolios worldwide.
Parsons Government Services, Inc.: Successfully defended against a putative class action alleging that defendants conspired with each other and the US Army to disperse cadmium and other substances on individuals residing in a housing complex in St. Louis from 1953 to the 1960s as part of aerial dispersion testing. The plaintiffs had sued our client, Stanford University and the US government, propelled by a graduate dissertation claiming that the studies had their origins in the Manhattan Project and were intended as human radiation experiments. After almost three years of litigation, our team obtained the voluntary dismissal of the claims of both the lead plaintiffs and the members of the putative class.
Prolamina: Acting as primary outside counsel for a food, medical and specialty packaging manufacturer, since the completion of its first acquisition in 2010.
Maker of a leading carpet cleaning machine: Representing in connection with false advertising claims. Working with the company we devised an aggressive strategy involving the filing of a counterclaim, motion for preliminary injunction and expedited discovery. We achieved a favorable settlement for the company on the courthouse steps just prior to the injunction hearing. We continue to represent the client on related advertising matters including the successful handling of numerous challenges before the National Advertising Division of the Better Business Bureau.
Sony Electronics: Defending in a putative class action in the US federal court alleging violations of state unfair competition laws and false advertising laws. The plaintiff sought to represent two classes: a California class of purchasers of our client's computer; and a nationwide class of purchasers of that same product. The case settled on an individual basis following a search of the named plaintiff's computer to determine whether the computer was being used for business or computer purposes.
US manufacturer of medical devices distributed in Canada: Advising on a national class action involving allegations that sales of a particular device contravened the Saskatchewan Consumer Protection Act, such that the manufacturer is strictly liable for breaches of consumer warranties.

Recognition

Dentons announces partner and counsel promotions in the US

May 3, 2018

Dentons US LLP announces the elevation of nine new partners and two counsel in the Firm's US offices. The promotions include lawyers resident in six offices throughout the US. Further, more than 80 percent of the new partners and counsel are women.

Dentons partner named President of ICPHSO

April 4, 2018

Dentons Product Liability and Litigation partner Belinda May was sworn in as President of the International Consumer Product Health and Safety Organization (ICPHSO) at the organization's 25th Annual Meeting and Training Symposium recently. ICPHSO is the world's largest consumer products organization and is the only organization that attracts a worldwide membership of global government regulators, manufacturers, importers, retailers, trade associations, testing labs, law firms, academia, standards organizations, media, and consumer groups.

Dentons Joins Fearsome Foursome

September 20, 2016

Dentons has earned top honors in seven categories and has been selected as a member of an exclusive group of just four law firms in the most recent survey on litigation trends by BTI Consulting. For the first time, Dentons has been included among the "Fearsome Foursome," an honor bestowed upon four elite law firms for their intense approach and fierce tactics in today’s competitive legal market.

Insights

Strategies to Help Best Prepare for the Company Deposition

May 20, 2025

Sophisticated plaintiffs’ lawyers in high stakes litigation matters often seek to use the Rule 30(b)(6) deposition as a tool to lock in testimony that they may leverage to produce outsized verdicts at trial. The use of “reptile” tactics has only served to increase this risk. To reduce the risk of such outcomes, defense counsel and the corporate deponent should attack preparation for the Rule 30(b)(6) deposition in a comprehensive manner.

How to Build a Winning Defense Case – Pretrial Strategy

February 27, 2025

Begin with the End in Mind. From the very inception of a potential high exposure case, defense counsel should begin formulating a plan for achieving victory at the end of the case, whether by motion and/or trial. When defense counsel takes this approach in a disciplined and rigorous manner, counsel optimizes the opportunity for a positive outcome.

Introduction to Dentons’ Trial Strategy Series

February 27, 2025

Over the past fifteen years, we have seen a concerning rise in "nuclear verdicts," or jury awards of $10 million or more. While this development undoubtedly benefits contingency fee plaintiffs’ lawyers, it presents significant potential adverse consequences to corporate defendants and the people they employ. This article explores the data concerning the rise in nuclear verdicts and introduces the Dentons US Trial Strategy Series.

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Helping our clients everywhere

Product Liability and Complex Torts

Product Liability and Complex Torts

Experience

Recognition

Dentons announces partner and counsel promotions in the US

Dentons partner named President of ICPHSO

Dentons Joins Fearsome Foursome

Insights

Strategies to Help Best Prepare for the Company Deposition

How to Build a Winning Defense Case – Pretrial Strategy

Introduction to Dentons’ Trial Strategy Series

News and Events

Recent Press Releases

Dentons announces partner and counsel promotions in the US

Dentons announces partner and counsel promotions in the US

Dentons partner named President of ICPHSO

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Helping our clients everywhere

Product Liability and Complex Torts

Product Liability and Complex Torts

Experience

Recognition

Insights

News and Events

Recent Press Releases

Share

How can the world's largest global law firm help you today ?

Contact us or find an office in your location.

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