Product Liability & Mass Tort Litigation
Benesch safeguards well-known global and American brands facing bet-the-company litigation and investigations. Our team has successfully resolved hundreds of high-stakes cases across the nation at trial, on appeal and through strategic settlements. Learning our clients’ industries and products inside and out, we tailor our litigation strategies to defend what matters most—the products, brand and reputation of our clients.
Success in the Most Hostile Environments
Our team has tried numerous cases to verdict, prevailing in America’s most challenging jurisdictions and has defended clients facing thousands of claims in mass tort proceedings. We have coordinated national defense strategies for multinational clients and successfully resolved claims through strategic settlements, expert challenges and favorable regulatory outcomes. Our experience includes defeating class certification, challenging experts under Daubert and Frye standards, negotiating major penalty reductions and managing a significant number of global recalls.
Specialized Experience in Numerous Industries
Product liability and mass tort defenses are not one-size-fits-all. Success requires extensive knowledge of clients’ products and industries. We work with top scientists, engineers and technical consultants to gain a mastery of each client’s products, applying that insight to pragmatic, proactive and brand-protective strategies and litigation defense tailored to our clients’ products, industry and business objectives.
Our team has defeated the most common product liability claims, including design defect, manufacturing defect, unreasonably dangerous product, inadequate warnings and product recall-related claims across numerous industries and products, including:
- Automobiles, trucks, semi-tractor trailers
- Chemicals, asbestos, benzene, pesticides and toxic substances
- Consumer products, cosmetics and household appliances
- Construction materials, products and equipment
- Electronics
- Engines and generators
- Food, dietary supplements and beverages
- Manufacturing and industrial products and equipment
- Maritime products
- Medical devices
- Pharmaceuticals
- Recreational products, including ATVs, UTVs and boats
Experience
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Counsel for major off-road vehicles manufacturer in multiple products liability and personal injury actions in state and federal court across the United States.
- Advised a Fortune 100 seller on breach of contract claims by a purchaser relating to alleged product failures.
- Represented a beef producer against product liability claims following a food contamination event. Negotiated dismissal of claims.
- Advised manufacturer regarding damage exposure relating to potential hardware defects.
- Advised leading technology manufacturer regarding response to product recall.
- Represented a beef producer against contribution claims by a competitor following a food contamination event. Secured summary judgment in favor of the producer.
- Represented leading manufacturers of set-top devices in a nine-figure fraud and negligence dispute against a supplier. Negotiated a settlement after successfully defeating three successive motions to dismiss.
- Represented product manufacturer in suit alleging violations of California Proposition 65.
- Obtained voluntary dismissal of product liability suit alleging design and manufacturing product defect in connection a hip implant.
- Represented medical device manufacturer in arguing that state-law product design claims were preempted under Medical Device Amendments to FDCA.
- Represented medical device manufacturer in defense of state law design and manufacturing defect claims of heart catheter.
- Hammod v. Alekna Construction, Inc., et al., 269 A.D. 773, 703 N.Y.S.2d 332 (N.Y.A.D. 4 2000) Sick building case, alleged multiple chemical sensitivity; dismissal affirmed.
- Won at jury trial in a case alleging $33 million in damages for allegedly defective glazed bricks in eight high rise apartment buildings.
- Successfully defended a medical device manufacturer in a lawsuit alleging defective design and breach of warranty regarding a surgical device used during a kidney transplant.
- Defended a manufacturer and distributor of a variety of medical devices, including crutches, cold therapy devices, wheelchair lifts, etc.
- Granting summary judgment on Learned Intermediary Doctrine and proximate cause in medical device case.
- Participated in evaluation of options and actions for recalls or voluntary corrective actions for consumer and other products.
- Authored the warnings and instructions for various products.
- Purchased Parts Group, Inc. v. Royal Appliance Mfg. Co., 2000 WL 33125340 (Tenn. App.) Upheld order dismissing manufacturer for lack of personal jurisdiction.
- Prevailed on summary judgment in a sick building case in which seven plaintiffs claimed they had contracted multiple chemical sensitivity.
- Served on the product safety committee of publicly traded global consumer product manufacturer.
- Mutual Insurance Company of America, et al. v. Royal Appliance Mfg. Co., 112 Fed. Appx. 386 (6th Cir.) Applying rebuttable presumption of no liability to manufacturer based upon compliance with state and federal safety standards.
