Diane Flannery, chair of the Products, Environmental & Mass Tort Litigation department, has tried complex products liability cases in federal and state courts, including high-profile cases that The National Law Journal has identified as some of the most significant cases tried.
She also has worked on a variety of class action and multidistrict (MDL) litigation matters. Diane is currently lead counsel in two MDLs pending in the rocket docket of the Eastern District of Virginia. During her 25 years of practice, she has had extensive experience coordinating and managing large-scale defense efforts that involved hundreds of cases pending in different jurisdictions. She also has defended emotionally charged severe injury and death cases and is experienced working with medical and scientific issues. Diane has significant experience advising clients on punitive damages, product recalls, and matters before the Consumer Products Safety Commission (CPSC).
Diane has served as defense counsel in a wide range of product liability cases, including ones involving lead paint, tobacco, beryllium, chemicals, asbestos, aluminum, formaldehyde, food manufacturers, all-terrain vehicles (ATVs), wheelchairs, pap smears, batteries, airplanes, window blinds, building products, pet pharmaceuticals, children's shoes, boats, lighting fixtures, Chinese manufactured flooring, water filtration systems, hot tubs, and furniture.
Diane is active in the community and has served on a variety of boards, including the Board of Trustees for Richmond Chamber of Commerce, Board of Trustees for the National Multiple Sclerosis Society Georgia Chapter, and the Board of Trustees for the Junior League of Atlanta. Diane is a member of the Historic Richmond Council, Junior League of Richmond, and Impact 100, which provides transformative grants to Richmond non-profit organizations to improve the community.
Diane is a Fellow of the Litigation Counsel of America, an invitation-only trial lawyer honorary society composed of less than one half of one percent of American lawyers who are selected upon “effectiveness and accomplishment in litigation, both at the trial and appellate levels, and superior ethical reputation.” She is also a Fellow of the American Bar Association. Diane has been AV Preeminent Rated by Martindale-Hubbell for more than a decade. She was selected to be a Master in the Lamar Inn of Emory University and the John Marshall Inn of the University of Richmond School of Law. She was also selected for the Georgia 100 Leadership Program and the Leadership Atlanta Program. She serves on the Board of the Richmond Chapter of the Federal Bar Associations and is a member of the Product Liability Advisory Council (“PLAC”). Diane was selected among America’s Top 100 High Stakes Litigators for 2018, a designation reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
Lead counsel in MDL litigation involving more than 140 class actions alleging excessive levels of formaldehyde in Chinese manufactured laminate flooring.
Lead counsel in MDL litigation involving more than 40 class actions alleging false marketing and deception trade practices.
Lead counsel in purported nationwide class action pending in the Northern District of California alleging bamboo flooring prematurely scratches contrary to its 30 year warranty.
Lead counsel in six state deceptive trade practices act class actions (Illinois, Missouri, Kentucky, Arkansas, Louisiana, Texas) pending against a water filtration system pending in Madison County, Illinois and a Florida class action.
Trial counsel in several wrongful death cases brought against cigarette manufacturers.
Trial counsel in class action against the tobacco industry where the trial lasted two-years in Miami, Florida.
Trial counsel in Equal Pay Act Case in federal court in Atlanta, Georgia.
Lead counsel in child strangulation cases involving window blinds in California.
Lead counsel in nationwide class action lawsuit alleging food contamination and fraudulent labeling.
Lead counsel in asbestos litigation in Madison County, Illinois.
Lead counsel in nasal cancer litigation from wood dust exposure.
Lead counsel in numerous investigations and product recalls with the Consumer Products Safety Commission (CPSC).
National coordinating counsel and trial counsel in vehicle rollover cases.
National coordinating counsel in lead paint litigation class actions and individual cases.
Defense counsel in multiple toxic tort cases brought against beryllium manufacturer.
Defense counsel in asbestos litigation pending in Delaware.
Defense counsel in wrongful death action arising from crash of flight en route from Egypt to France obtaining favorable ruling of the French Supreme Court which effectively prevented plaintiffs from returning to sue plane manufacturer in U.S. courts.
Defense counsel in class action and numerous individual cases brought against a credit reporting agency.
Board Member, Federal Bar Association
Board Member, Richmond Chamber of Commerce
Board of Trustees, National Multiple Sclerosis Society, Georgia Chapter, 2000-2013
Board of Trustees, Junior League of Atlanta, 2007-2008
Master, The Lamar Inn of Court, Emory University, 2011-2013
Sustaining Member, Product Liability Advisory Council ("PLAC")
Member, The Fellows of the American Bar Foundation
Member, Defense Research Institute’s Product Liability Division
Member, Product Liability Section, Georgia State Bar, 2007-2013
Master, John Marshall Inn of Court
Member, Virginia Bar Association
Member, Richmond Bar Association
Member, Metro Richmond Woman’s Bar Association
Member, Impact 100&
Selected for inclusion as a "Leading Lawyer," Product Liability, Mass Tort and Class Action: Consumer Products, 2016, 2018; Product Liability, Mass Tort and Class Action: Toxic Tort – Defense, 2018; Environment Litigation, 2018; Virginia, Legal 500 US
Named to "Top Rated Lawyers," Mass Torts, The American Lawyer, 2014
AV Preeminent Rated, Martindale-Hubbell
Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society, 2011-present
Member, Diversity Law Institute
Member, Trial Law Institute
Master, John Marshall American Inn of Court
Master, Lamar Inn of Court, Emory University, 2009-2013
Georgia Leadership Program
Leadership Atlanta Class of 2008
Flannery, Gann Explain Virginia Product Liability Law for Legal 500 Guide
April 12, 2019