Diane Flannery, the former chair of the Environmental & Mass Tort 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 was named Product Liability Attorney of the Year by Euromoney’s Legal Media Group in 2020, an Influential Woman of Law by Virginia Lawyers Weekly in 2021 and recognized as a Client Service “All-Star” by BTI Consulting in 2023.
She also has litigated a variety of class action and multidistrict (MDL) litigation matters, including recently having been lead counsel in two MDLs pending in the rocket docket of the Eastern District of Virginia. During her 32 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 litigating complex medical and scientific issues. Diane also focuses on data privacy and product labelling class actions. 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, automobiles, industrial equipment, engines, pharmaceuticals, pet pharmaceuticals, beryllium, chemicals, asbestos, aluminum, formaldehyde, food manufacturers, all-terrain vehicles (ATVs), wheelchairs, pap smears, batteries, airplanes, generators, window blinds, building products, children’s shoes, boats, lighting fixtures, Chinese manufactured flooring, consumer products, coffee makers, water filtration systems, hot tubs, furniture, and pipeline explosions.
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 and named a “Leading Lawyer” in Products Liability and Class Actions by the Legal 500 United States. Diane has been AV Preeminent Rated by Martindale-Hubbell for more than two decades. 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 served on the Board of the Richmond Chapter of the Federal Bar Association and is a member of the Product Liability Advisory Council (“PLAC”). Diane was selected among America’s Top 100 High Stakes Litigators for 2018, 2019, 2020, 2021 and 2022, a designation reserved to identify the nation’s most exceptional trial attorneys in high value, high stakes legal matters.
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.
Experience
- 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 seven class actions following a pipeline explosion.
- 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.
- Lead counsel defeating class certification in the Northern District of Florida for a consumer products manufacturer.
- Lead counsel avoiding nationwide class action in the Northern District of Illinois for an engine manufacturer.
- 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.
- Successfully resolved more than 400 claims in a Florida mass action involving alleged deceptive trade practices for consumer product manufacturer.
- Secured dismissal of a New Jersey class action related to deceptive trade practices of water treatment products.
- Successfully defended a retail furniture company in a CPSC investigation following a child’s death resulting in no recall and investigation being closed by government.
- Won motion to dismiss in Eastern District of Missouri in wrongful death case for pharmaceutical company.
- Won motion to dismiss in the Eastern District of Virginia and on appeal in the Fourth Circuit of an emotional distress and punitive damages claim against an automotive manufacturer.
- Lead an investigation for one of the largest family-owned product portfolio business related to fire resistant products, resulting in no litigation or government action.
- Won dismissal of a product liability lawsuit for an American Fortune 100 machine and engine manufacturer.
- 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.
- University of Virginia School of LawJD1991
-
University of RichmondBAPolitical Science, BA, History
summa cum laude, Phi Beta Kappa
1988
Board Member, Richmond Chamber of Commerce
Board Member, Federal Bar Association, 2016-2018
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, International Association of Privacy Professionals (IAPP)
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, 2014-2022
Member, Virginia Bar Association
- Author, Ninth Circuit Reverses Award of Attorneys’ Fees More than 30 Times Greater than Amount Received by Class Members, Class Action Countermeasures, June 13, 2023
- Author, 5th Circuit Holds Off on Deciding Approach to Class Standing Analysis, Class Action Countermeasures, May 30, 2023
- Author, 9th Circuit Vacates District Court’s Order of Class Certification, Class Action Countermeasures, March 24, 2023
- Author, 5th Circuit Reverses ADA Class Certification Because the Class Is Not Ascertainable, Class Action Countermeasures, February 2, 2023
- Author, 5th Circuit Affirms Striking Class Allegations, Class Action Countermeasures, January 31, 2023
- Author, TSA Notice of Proposed Rulemaking Targets Cyber Risk Management for Pipelines and Railways, McGuireWoods Legal Alert, January 24, 2023
- Author, First Circuit Deepens Circuit Split on Fairness of Class Settlements, Class Action Countermeasures, December 28, 2022
- Author, 9th Circuit Renders Class Action Fairness Act Section 1712 Inapplicable to Coupon Settlement, Class Action Countermeasures, December 6, 2022
- Author, U.S. Courts of Appeals’ Continued Skepticism Over Putative Class Member Motions to Intervene, Class Action Countermeasures, November 2, 2022
- Author, Eleventh Circuit Concludes that Foreign Country’s Equitable Tolling Standards Can Apply in Federal Class Action, Class Action Countermeasures, September 23, 2022
- Author, 3rd Circuit Provides Post-Transunion Guidance on Informational Injuries and Ascertainability, Class Action Countermeasures, September 21, 2022
- Author, 5th Circuit Sua Sponte Vacates Class-Certification Order for Lack of Standing, Class Action Countermeasures, August 23, 2022
- Author, Manufacturers and Retailers Beware: New Warranty Class Actions, Class Action Countermeasures, August 18, 2022
- Author, 11th Circuit Denies Petition, Confirming Class Action Incentive Payments Are Improper, Class Action Countermeasures, August 15, 2022
- Author, 11th Circuit Vacates Class Certification, Settlement Due to Members’ Lack of Standing, Class Action Countermeasures, August 5, 2022
- Author, Sixth Circuit Addresses Pre- and Post-Certification Engagement of Potential Class Members, Class Action Countermeasures, June 29, 2022
- Author, Seventh Circuit Strikes Down Stealth Class Actions, Class Action Countermeasures, June 6, 2022
- Author, 7th Circuit Construes Class Action Fairness Act Exception for the First Time, Class Action Countermeasures, April 7, 2022
- Author, Fourth Circuit Outlines Burden of Proof for Objector to Class Action Settlement, Class Action Countermeasures, March 24, 2022
- Author, Eleventh Circuit Denies Petition to Appeal a Sua Sponte Remand of a “Class Action”, Class Action Countermeasures, March 22, 2022
- Author, Blockchain, Cryptocurrency and Non-fungible Token Litigation Primer: A Tort Class Action, McGuireWoods Legal Alert, March 16, 2022
- Author, 4th Circuit Upholds Class Settlement Despite Absent Class Member’s Objections, Class Action Countermeasures, March 2, 2022
- Author, Blockchain, Cryptocurrency and Non-fungible Token Litigation Primer: A Look at McKimmy v. OpenSea, McGuireWoods Legal Alert, February 28, 2022
- Author, First Circuit Upholds Sanctions Related to Attorney’s Fees, Class Action Countermeasures, February 16, 2022
- Author, 6th Circuit Rules Nonsensical Contract Clause Does Not Equate to Ambiguity, McGuireWoods Legal Alert, December 31, 2021
- Author, Re-Evaluating Bifurcated Discovery in Class Actions After a Recent Seventh Circuit Decision, Class Action Countermeasures, December 29, 2021
- Author, 6th Circuit Casts Doubt on Associational Standing Doctrine, Class Action Countermeasures, September 22, 2021
- Co-author, "What 9th Circ.’s Tinder Ruling Means For Class Settlements", Law360, September 8, 2021
- Author, "9th Circuit also weighs in on personal jurisdiction at class certification stage", Daily Journal, August 26, 2021
- Author, 9th Circuit Gives Defendants Room to Challenge Personal Jurisdiction at Class Certification, Class Action Countermeasures, August 16, 2021
- Author, Colleges Should Brace for Next Phase of COVID-19 Class Actions, Class Action Countermeasures, April 8, 2021
- Author, 6th Circuit Holds Class Certification Evidence Does Not Have to Be Admissible, Class Action Countermeasures, March 31, 2021
- Author, 7th Circuit Rejects “Reasonable Indication” Approach for Class Opt-Outs, Class Action Countermeasures, March 18, 2021
- Author, High Court Opens Door for Nominal Damages to Satisfy Article III Standing, Class Action Countermeasures, March 15, 2021
- Author, Beware Dietary Deceit: FDA Warns Companies Allegedly Involved in Misrepresenting Supplements, McGuireWoods Legal Alert, February 26, 2021
- Author, Firearms Manufacturers Shoot Down Class Action With Article III Defense, Class Action Countermeasures, February 10, 2021
- Contributing Author, “Chapter 13: Multidistrict Litigation", Infectious Disease Litigation: Science, Law & Procedure, February 2021
- Author, 11th Circuit Deepens Circuit Split on Administrative Feasibility, Class Action Countermeasures, February 5, 2021
- Author, To Win Punitive Damages for Pervasive Conduct in California, Plaintiff Must Specify Wrongdoer, McGuireWoods Legal Alert, February 3, 2021
- Author, BEWARE of “Operation CBDeceit”, McGuireWoods Legal Alert, January 27, 2021
- Author, 6th Circuit Widens Circuit Split on Class Action Incentive Payments, Class Action Countermeasures, January 15, 2021
- Author, Santa’s List of Names Does Not Define a Class, Class Action Countermeasures, December 2, 2020
- Author, Class Actions, COVID-19 and Class-Action Waivers: The Triple Whammy, Class Action Countermeasures, November 3, 2020
- Author, CPSC Issues “Unofficial” COVID-19 Guidance on Personal Protective Equipment, Disinfectants, McGuireWoods Legal Alert, November 2, 2020
- Author, Does Continued Collection of the Same Biometric Information Increase Privacy Violations?, Password Protected, October 16, 2020
- Author, COVID-19 Workplace Exposure: Limiting Employer Liability, Employee Relations Law Journal, VOL. 46, NO. 2, Autumn 2020
- Author, "Class Arbitration May Meet Its Demise At High Court This Term", Law360, September 21, 2020
- Author, 11th Circuit Panel Finds Class Action Incentive Payment Improper, Class Action Countermeasures, September 18, 2020
- Author, "A Mixed Ruling On Coupon Redemption Rates And Atty Fees", Law360, September 3, 2020
- Author, "Limiting Employer Liability For Secondhand Virus Exposure", Law360, May 29, 2020
- Author, Avoiding COVID-19 Personal Injury Litigation – Top 10 Plaintiffs’ Allegations, McGuireWoods Legal Alert, May 22, 2020
- Author, Campus Conundrum: Defeating COVID-19 Class Actions in Higher Education, Class Action Countermeasures, May 19, 2020
- Author, Business Beware: Premise Liability in the Age of the COVID-19 Economic Restart, McGuireWoods Legal Alert, May 11, 2020
- Author, Motions to Strike: Challenging Specific Jurisdiction for Nonresident Putative Class Members, Class Action Countermeasures, April 15, 2020
- Author, 7th and D.C. Circuits: Nationwide Class Actions Can Proceed Where a Defendant Is Not “At Home”, 7th and D.C. Circuits: Nationwide Class Actions Can Proceed Where a Defendant Is Not “At Home”, March 24, 2020
- Author, How Businesses Should Handle Customers’ Coronavirus Questions About Imported Goods, McGuireWoods Legal Alert, February 17, 2020
- Co-author, "A Class Action Defense Gift From Frank V. Gaos", Law360 Expert Analysis, May 3, 2019
- Author, United States: Product Liability, The Legal 500: Product Liability Country Comparative Guide, April 2019
- Co-author, "The Supreme Court’s Reprehensibility Factors Don’t Work in Product Liability Cases", Bloomberg BNA Product Safety & Liability Reporter, March 2, 2016
- Co-author, "2013’s Key Rulings In Food Mislabeling Litigation", Law360, January 7, 2014
- Author, CPSC Imposes Far-Reaching Penalties Including Mandatory Compliance Program Requirements, Articulates Compliance Program Expectations for All Companies, McGuireWoods Legal Alert, May 17, 2013
- Author, Business Torts: A Fifty-State Guide, Georgia Chapter, Daller, 2013
- Author, "Punitive Damages Reprehensibility Analysis", For The Defense DRI, 2011
- Georgia
- Virginia
- U.S. Court of Appeals for the 4th Circuit
Selected for inclusion in The Best Lawyers in America, Product Liability Litigatoin, Woodward/White, Inc., 2024
Named a Client Service “All-Star,” BTI Consulting, 2023
Selected for inclusion in “Legal 500 United States,” Securities Litigation: Defense, 2022; Environment: Regulatory; Environment: Litigation; Product Liability, Mass Tort and Class Actions – Automotive/Transport –Defense; Product Liability, Mass Tort and Class Actions – Consumer Products – Defense; Product Liability, Mass Tort and Class action – Defense: Pharmaceuticals and Medical Devices; Product Liability, Mass Tort and Class Actions – Toxic Tort – Defense, 2022, 2023; General Commercial Disputes, 2023
Recognized in “Readers’ Choice Awards” Named a Top Class Action Author, JD Supra, 2023
Selected for inclusion in America’s Leading Lawyers for Business, Litigation: Products Liability & Toxic Torts, Virginia, Chambers USA, 2021, 2022, 2023
Named to “America’s Top 100 High Stakes Litigators,” 2017-2022
Selected for inclusion in Who’s Who in American Law, Marquis Who’s Who, 2019-2021
Named to “Influential Women of Law,” Virginia Lawyers Weekly, 2021
Selected for inclusion as a “Leading Lawyer,” Legal 500 US, Product Liability, Mass Tort and Class Action; Consumer Products, 2016, 2018, 2019, 2021; Product Liability, Mass Tort and Class Action – Toxic Tort – Defense, 2018, 2019, 2021; Environmental Litigation, 2018, 2019, 2021; Environment: Regulatory, 2021; Product liability, mass tort and class actions – automotive/transport – defense, 2019, 2021; Product Liability, Mass Tort and Class Action – Defense: Pharmaceuticals and Medical Devices, 2021
Named “Product Liability Attorney of the Year,” Americas Women in Business Law Awards, Legal Media Group, 2020
Listed, Euromoney Legal Media Group’s Expert Guides: Women in Business Law, “Guide to the World’s Leading Women in Business Law,” 2020-2021
Senior Fellow, Litigation Counsel of America, The Trial Lawyer Honorary Society, 2011-present
Member, Lawyers of Distinction, Recognizing Excellence in Product Liability, 2019-2020
Named to “Women in Law Awards: Litigation”, Lawyer Monthly, 2019
Named to “Top Rated Lawyers,” Mass Torts, The American Lawyer, 2014
AV Preeminent Rated, Martindale-Hubbell
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