dcsimg Product Liability and Mass Torts

Product Liability and Mass Torts

Not all forms of litigation are created alike. Disputes that involve a company’s relationships with consumers and the general public — including product liability, mass torts and environmental litigation — can have lasting, negative consequences with a scope far surpassing the fallout from behind-the-scenes, business-to-business clashes.

We recognize the value of brand and image. We provide strategic counsel designed to minimize the impact of claims, while preserving the all-important connection between a business and its customers.

McGuireWoods’ Product Liability and Mass Torts lawyers bring decades of experience to representing clients in complex, large-scale disputes involving products and consumer goods, environmental issues and toxic substances. This depth of experience is reflected in the praise we have received from clients in numerous legal and industry publications. For example, Chambers USA says, “This team is an established leader in this practice area,” and notes that “sources particularly highlight the group’s wide geographical breadth and client-focused approach as strengths.” Another client says, “The lawyers always provide us with business-oriented and practical advice.” BTI Consulting Group, Inc. cited McGuireWoods' litigation practices in several categories, including recognition as a “Litigation Powerhouse: Class Action and Tort,” and “Standout” and “Honor Roll” for Product Liability Litigation in recent editions of the BTI Litigation Outlook: Changes, Trends and Opportunities for Law Firms survey.

Product liability, mass torts and similar forms of litigation often involve multiple defendants relying on similar legal strategies. We regularly serve as national coordinating and trial counsel for Fortune 500 companies in high-exposure cases, and coordinate the defense of pattern litigation, multidistrict litigation, complex consolidated cases and consumer class actions. When handling multi-district litigation or serving as coordinating counsel, the team regularly works with a nationwide network of localized resources. We also advise companies facing product recalls, labeling disputes, and Consumer Product Safety Commission (CPSC), Environmental Protection Agency (EPA) and other regulatory and law-enforcement investigations.

We are aggressive in defending our clients’ interests and have tried cases to verdict in dozens of states, including many of the United States’ most difficult jurisdictions. However, we recognize the value of alternative dispute resolution options (including settlement) in managing financial realities and as a means of avoiding or mitigating negative publicity. We work with our clients to implement strategies that make business sense.

We have represented clients in numerous cases involving automobiles and automotive products, food products, pharmaceuticals and medical devices, power tools and equipment, recreational products and chemicals. We also serve as counsel in disputes relating to risk management, insurance coverage, fires and explosions, alleged toxic substances, waste and chemical discharges, nuisance issues, and other litigation relating to manufacturing processes, product distribution and marketing. Perhaps more importantly, we are a firm that values and is driven by relationships, as reflected by the fact we have represented many of our clients for decades.

CONTACTS

Samuel L. Tarry Jr. Partner T: +1 804 775 7873
Stephen D. Busch Partner T: +1 804 775 4378
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RESULTS DEPEND ON A VARIETY OF FACTORS UNIQUE TO EACH CASE. PRIOR RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR OUTCOME.

Representative Matter

Global science company

Representing a global science company in a trial in which 10 of the largest municipalities in California filed suit alleging public nuisance against the former manufacturers of lead paint seeking abatement of lead paint from all residences in their respective jurisdictions.
Representative Matter

Leading generic and specialty pharmaceutical company

After a three week jury trial, obtained a unanimous defense verdict for one of the world's leading generic and specialty pharmaceutical companies.
Representative Matter

Multinational automaker

Defended a multinational automaker in a class action suit alleging defective seat backs on various vehicles. Plaintiff sought to recover money damages for the repair of the seats. Class certification was denied.
Representative Matter

Multinational automaker

Defended multinational automaker before the Circuit Court for the City of Baltimore in a trial alleging plaintiff developed mesothelioma from secondary exposure to break shoes worn by relatives who were dealership mechanics.
Representative Matter

North American packaged foods company

Effectively consolidated 29 separate state and nation-wide class actions that sought recovery for personal injury and for economic injuries allegedly suffered by consumers of peanut butter allegedly contaminated with salmonella.
Representative Matter

Leading pork producer and processor

In a test case the plaintiff alleged that our client’s farming operations caused property damages and severe personal injuries to him and his family. After a three-week trial, the jury deliberated for just over an hour and issued a defense verdict in favor of our client.
Representative Matter

World-class academic and health care system

Representation of a world-class academic and health care system arising from alleged exposure of thousands of surgical patients to a contaminated cleaning agent used on surgical instruments.
Representative Matter

Fortune 100 financial institution

Represent major financial institution in mass tort litigation brought by workers alleging injuries and damages as a result of alleged toxic exposure during clean work following 9/11 in buildings surrounding ground zero.
Representative Matter

One of the largest producers and transporters of energy in the United States

Defense of one of the largest producers and transporters of energy in the United States in a multi-billion dollar nuisance suit alleging air and water contamination due to fly ash residue on behalf of over 450 plaintiffs.  Achieved dismissal of 10 of the 12 causes of action, as well as all of the water contamination allegations, and the medical monitoring, stigma, fear of future injury, and emotional injury damages.
Representative Matter

Global science company

Representation of a global science company in defense of an environmental civil suit brought by the Sierra Club and NRDC relating to historic mercury deposits in the South River in Virginia. Attained a unique settlement involving a six year study of the mercury issues.
Representative Matter

Large energy producer

Representing a large coal-fired power plant in the defense of a class action claim by 1500 surrounding residents for particulate emission involving first-impression issues of preemption of state nuisance law.
Representative Matter

One of the largest producers and transporters of energy in the United States

Representation of multiple defendants including one of the largest producers and transporters of energy in the United States in a high-profile nuisance suit in federal district court in Mississippi asserting that the defendants’ air emissions are contributing to global warming.
Representative Matter

Multinational automaker

Representation of a multinational automaker in the successful defense of a proposed class action alleging that defendant violated various consumer protection laws.
Representative Matter

Building owner

Obtained a full defense verdict in favor of firm client after a two-week jury trial involving subrogation claims of $6.1 million in North Carolina Eastern District Court, Vance County, N.C.
Representative Matter

A national speciality retailer

Representation of a national speciality retailer in the defense against model's claim of unauthorized use of his image. Plaintiff seeks more than $150 million in damages in California state court.
Representative Matter

Estae administrator

Prosecute wrongful death case against tractor trailer driver who killed wrecker operator in work zone. Tractor trailer driver was overlength and overtime and failed to obtain the required post accident alcohol test.
Representative Matter

International steel conglomerate

Defense of international steel conglomerate against claim brought by consultant who provided services related to the $600 million acquisition of a metallurgical coal company. The consultant alleged breach of an oral agreement to pay him a commission on the sale of nearly $10million. Summary judgment is pending.
Representative Matter

National rental car company

Representation of a national rental car company in a strict products liability and negligence action by consumer alleging that the crash was caused by defective and/or poorly installed tires on rental vehicle. The court granted summary judgment for the firm’s client, finding that plaintiff failed to submit any evidence creating a disputed issue of fact as to the existence of a defect.
Representative Matter

World leader in the manufacture of heavy duty diesel engines

Representation of world leader in the manufacture of heavy duty diesel engines in a wrongful death asbestos case. Obtained summary judgment for our client despite specific identification of our product as a product used by the decedent and despite strenuous opposition from plaintiff.
Representative Matter

Diversified global manufacturer

Defense of diversified global manufacturer in asbestos mesothelioma case in Virginia alleging exposure to asbestos containing products. Secured dismissal with prejudice. .
Results 1-20 of 118
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Kenneth W Abrams Kenneth W. Abrams
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4771
F: +1 757 640 3950
vCard
John Huske Anderson Jr. John Huske Anderson Jr.
Partner
300 North Third Street
Suite 320
Wilmington, NC 28401-4099

T: +1 910 254 3828
F: +1 910 254 3900
vCard
Mark E Anderson Mark E. Anderson
Partner
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 919 755 6678
F: +1 919 755 6581
vCard
Terrence M Bagley Terrence M. Bagley
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4371
F: +1 804 698 2008
vCard
Richard C Beaulieu Richard C. Beaulieu
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1138
F: +1 804 225 5402
vCard
Candace Ali Blydenburgh Candace Ali Blydenburgh
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4772
F: +1 804 698 2034
vCard
Ginnie Bondurant S. Virginia Bondurant
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1414
F: +1 804 698 2192
vCard
Leo J M Boyd Leo J. M. Boyd
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1066
F: +1 804 698 2025
vCard
Brady_Michael Michael H. Brady
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4327
F: +1 804 698 2302
vCard
Jennifer R Burbine Jennifer R. Burbine
Counsel
Promenade
1230 Peachtree Street, N.E.
Suite 2100
Atlanta, GA 30309-3534

T: +1 404 443 5736
F: +1 404 443 5798
vCard
Stephen D Busch Stephen D. Busch
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4378
F: +1 804 698 2024
vCard
Lena Busscher Lena L. Busscher
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4754
F: +1 804 698 2081
vCard
Scott S Cairns Scott S. Cairns
Partner
Bank of America Tower
50 North Laura Street
Suite 3300
Jacksonville, FL 32202-3661

11 Pilgrim Street
London EC4V 6RN
United Kingdom

T: +1 904 798 3223
F: +1 904 798 3261
vCard

T:+44 20 7632 1600
F: +44 20 7632 1638

Clem Carter Clement D. Carter
Counsel
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4757
F: +1 804 698 2069
vCard
Tennille J Checkovich Tennille J. Checkovich
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4758
F: +1 804 440 7770
vCard
Laura E Coombe Laura E. Coombe
Associate
1800 Century Park East
8th Floor
Los Angeles, CA 90067-1501

T: +1 310 315 8274
F: +1 310 315 8210
vCard
Lisa Crabtree Lisa R. Crabtree
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1327
F: +1 804 698 2222
vCard
Richard J Cromwell Richard J. Cromwell
Partner
World Trade Center
101 West Main Street
Suite 9000
Norfolk, VA 23510-1655

T: +1 757 640 3775
F: +1 757 640 3955
vCard
Tracey DeMarco Tracy N. DeMarco
Associate
434 Fayetteville Street
Suite 2600
Raleigh, NC 27601

T: +1 919 755 6682
F: +1 919 755 6596
vCard
Michael Driscoll Michael J. Driscoll
Counsel
1345 Avenue of the Americas
7th Floor
New York, NY 10105-0106

T: +1 212 548 7011
F: +1 212 715 6285
vCard
Richard Dudley Richard Dudley
Associate
EQT Plaza
625 Liberty Avenue
23rd Floor
Pittsburgh, PA 15222-3142

T: +1 412 667 7986
F: +1 412 667 7977
vCard
Matthew D Fender Matthew D. Fender
Associate
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1076
F: +1 804 698 2209
vCard
Diane Flannery Diane Flannery
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 1015
F: +1 804 698 2047
vCard
Ronald G Franklin Ronald G. Franklin
Partner
JPMorgan Chase Tower
600 Travis Street
Suite 7500
Houston, TX 77002-2906

T: +1 832 214 9942
F: +1 713 571 9652
vCard
Joy C Fuhr Joy C. Fuhr
Partner
One James Center
901 East Cary Street
Richmond, VA 23219-4030

T: +1 804 775 4341
F: +1 804 698 2056
vCard
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Event

Food Safety Challenges in an Era of Change

How to Better Protect Your Food and Beverage Company, Your Customers and Yourself

October 9, 2014
Chicago, IL
Event

Healthcare Litigation Conference

August 14, 2014
Raleigh, NC
Speaking Engagement

2014 IWLA Warehouse Legal Practice Symposium

Warehouse Law and Emerging Challenges

June 18-19, 2014
Rosemont, IL
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Challenges Facing the Food and Beverage Industries in Complex Consumer Litigations

Tuesday, April 8, 2014
Chicago, IL
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BioCentury This Week

Safety v. Competition (Federal Trade Commission Follow-On Biologics Workshop: Impact of Recent Legislative and Regulatory Naming Proposals on Competition February 4, 2014 Overview)

February 16, 2014
Speaking Engagement

7th National Forum on Food Borne Illness Litigation

January 29, 2014
San Francisco, CA
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Toxic Tort Issues Related to Spray Polyurethane

November 26, 2013
International Association of Defense Counsel Webinar
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Groundwater Contamination Litigation: Proving and Defending Against Liability

Demonstrating Nexus, Causation and Injury to Recover Cleanup Costs and Other Damages

October 10, 2013
Strafford Publications Webinar
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15th National Advanced Forum on Asbestos Claims & Litigation

American Conference Institute

October 7-8, 2013
New York, NY
Speaking Engagement

Food Regulatory Compliance Summit

October 3-4, 2013
Chicago, IL
Speaking Engagement

Food Labeling Class Actions: The Latest Damages Boon?

Navigating the Challenges of Class Certification, Preemption and Standing

October 1, 2013
Strafford CLE Webinar
Speaking Engagement

Fracking Litigation and Daubert Challenges

Defending Against and Asserting Challenges to Expert Witness Evidence

May 21, 2013
Strafford Publications Webinar
Event

Food Fight!

The Legal and Regulatory Battle Over Food Labeling and How Those in the Food Industry Can Protect Themselves

April 11, 2013
Complimentary Webinar
Speaking Engagement

Food Safety & Technology: What’s next for 2013

March 14, 2013
Complimentary Webcast
Speaking Engagement

Groundwater Contamination Litigation: Proving and Defending Against Liability

Demonstrating Nexus, Causation and Injury to Recover Cleanup Costs and Other Damages

October 4, 2012
Webinar
Speaking Engagement

DRI Damages Seminar

Making Connections: Dealing with Difficult Plaintiffs' Attorneys, Co-Defense Counsel and Sometimes Our Own Clients

March 16, 2012
Las Vegas, NV
Speaking Engagement

Diversity Jurisdiction and Removal to Federal Court

Applying the Supreme Court's Nerve Center Test to Complex Corporate Structures and Navigating Nuances of Removal

September 27, 2011
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Results 1-20 of 62
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Article

Toxic Tort Issues Related to Spray Polyurethane Foam

International Association of Defense Counsel Newsletter
May 2014
Legal Alert

Are You Covered for Food Product Recalls?

April 2, 2014
Legal Alert

2014 Food Industry Outlook

January 8, 2014
Legal Alert

“Heart Healthy” Redefined

The American Heart Association Tightens Requirements for Use of “Heart-Check Mark” in Food Labeling and Advertising

November 4, 2013
Results 1-20 of 62