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Experience and Background
Diane P. Sullivan is a nationally recognized trial attorney. In 2007, The National Law Journal selected Ms. Sullivan as one of 10 litigators in the nation who are "at the top of their game" based on their track record of jury verdict wins in significant cases with large monetary exposure. The publication has also featured several of her jury verdicts as "Top Defense Verdicts of the Year" in 2002, 2005, and 2006.
Ms. Sullivan is ranked as one of the leading litigators in the country by Chambers USA, a referral guide to leading lawyers in the United States based on the opinions of their peers and clients. In the 2009 edition of Chambers, she was ranked as one of the top six lawyers in the country in the area of pharmaceutical and medical device defense. Chambers noted: "She's rightly named a top lawyer--she handles some of the toughest cases." Clients remarked, "Her trial presence is unmatchable" and also praised her "remarkable talent and fearless approach" and her "fantastic ability to build up a narrative and to present complex science in a manner comprehensible to a jury." Ms. Sullivan has also been recognized by Lawyers Weekly USA, which named her one of the top 10 lawyers of the year in 2005, while verdicts she has obtained for clients have been featured in The New York Times, The Wall Street Journal, The American Lawyer, and Corporate Counsel Magazine, among other publications. The International Who's Who references Ms. Sullivan in its 2009 edition for commendation by her peers as one of the world's leading practitioners in the field. She has also been named by her peers for inclusion in the 2010 edition of The Best Lawyers in America in the areas of commercial litigation and mass tort litigation. She was named in the 2007, 2008, and 2009 editions of Lawdragon as one of the 500 leading lawyers in America. The Legal 500 2009 noted that "she is rated by clients as 'just a brilliant, brilliant trial lawyer' and appreciated because 'she wins her cases.' "
Bar and Court Admissions
- Member, New Jersey Bar
- Admitted to practice before the U.S. District Court of New Jersey, the Southern District of New York, the Eastern District of New York, and the New Jersey State Court
Significant Representations
In 2005, Ms. Sullivan served as lead trial lawyer and earned the first victory for Merck & Co. in the legal battle over Vioxx. In the second of thousands of suits filed against Merck to proceed to trial nationally, Ms. Sullivan convinced jurors to reject the plaintiff's failure to warn and consumer-fraud claims. This defense verdict was featured in The National Law Journal's "Top 10 Defense Wins in 2005" and was "a victory worth noting" according to InsideCounsel, which named it one of the "five verdicts of 2005 that are reshaping corporate defense strategies." In 2006, Ms. Sullivan scored another victory for Merck in Vioxx litigation--the first defense verdict in a long-term use case. The victory was hailed by analysts as significant, particularly in serving to thwart future collateral estoppel arguments. The verdict was also featured by The National Law Journal as one of the top defense wins of 2006. More recently, Ms. Sullivan represented Merck and Schering-Plough in class action lawsuits alleging consumer fraud and RICO claims relating to the drugs Vytorin and Zetia.
Ms. Sullivan was also trial counsel for Baxter Healthcare Corporation and Allegiance Healthcare Corporation in the first latex-glove allergy claim to be tried to a jury in the federal MDL latex mass tort litigation, which resulted in a defense verdict. The verdict was named one of the top defense verdicts for 2002 by The National Law Journal.
Ms. Sullivan was part of Dechert's national defense team representing GlaxoSmithKline in the Baycol litigation and was a trial lawyer in the first Baycol trial to proceed against GlaxoSmithKline which, in 2004, resulted in a directed verdict for GlaxoSmithKline in state court in Mississippi. Ms. Sullivan was also lead trial counsel in a high-profile case filed in New York, Fagan v. AmerisourceBergen Corp., Amgen Inc., et al., involving a minor's claim for serious injury as a result of ingestion of alleged counterfeit pharmaceutical product. Ms. Sullivan has also served as lead trial counsel for Wyeth in fen-phen cases pending in New Jersey and Philadelphia, and as lead counsel for Nutraquest in ephedra mass tort litigation, including defending a $685 million personal injury claim filed by the estate of professional baseball player Steve Bechler. She currently serves as lead trial counsel for AstraZeneca in the Seroquel mass tort litigation.
Education
Fairfield University, B.A., 1984
University of Pennsylvania Law School, J.D., 1987
Publications and Lectures
Ms. Sullivan has been recognized for her successful trial work by several prominent publications, and is a frequent author and speaker on topics relating to litigation and trial issues.
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