• Complex Business Litigation

    • Amgen in a significant victory when a federal district court dismissed with prejudice an entire MDL on a motion to dismiss. Plaintiffs were third-party payors who sought to recover payments for alleged improper off-label prescriptions of anemia medications. The U.S. Court of Appeals for the Ninth Circuit affirmed.
    • Getinge AB and Atrium Medical Corporation in more than 2,400 personal injury lawsuits that have been filed involving their hernia mesh products, including an MDL in New Hampshire.
    • Occidental Petroleum in mass tort lawsuits pending in state and federal courts relating to several different landfills located in upstate New York, including a jurisdictional appeal to the Second Circuit.
    • Pfizer as national coordinating counsel in the Lipitor MDL, where 3,000+ plaintiffs alleged that a cholesterol-lowering medication caused them to develop Type 2 diabetes. Dechert’s Daubert strategy led to exclusion of plaintiffs’ experts on general causation grounds and the granting of summary judgment in all cases in the MDL. The Fourth Circuit unanimously affirmed. Dechert subsequently obtained a similar victory in California Superior Court after the product was spun off from Pfizer to Viatris.
    • Saint-Gobain Corporation in an action by 247 UK residents and their estates who seek damages as a result of the 2017 fire at Grenfell Tower, a high-rise apartment building in London. In March 2020, Saint-Gobain secured an order of dismissal due to its lack of involvement in the fire or products at issue.
    • Saint-Gobain Performance Plastics as national and trial counsel in a high-profile environmental toxic tort litigation. Currently defending individual and class action complaints involving medical monitoring and property damages claims in New York, New Hampshire and Vermont.
    • Endo International plc and affiliates in a multi-district transferee court and on appeal to the Sixth Circuit from a multi-district litigation alleging personal injuries from prescription medications containing propoxyphene. The Sixth Circuit affirmed in all respects the district court’s dismissal of all claims against Endo as pre-empted by federal law.
    • Endo International plc and affiliates in an appeal to the Ninth Circuit concerning subject matter jurisdiction. The Ninth Circuit ultimately issued an en banc decision affirming the theory of jurisdiction under the Class Action Fairness Act advanced by Endo and co-defendants.
    • A national retail pharmacy chain in proceedings in tribal court and federal district court concerning a novel action by the tribe relating to abuse of prescription opioid medications. The federal court granted a preliminary injunction in favor of the pharmacy chain and co-defendants restraining enforcement of the tribal court action.
    • Hungarian telecommunications companies in federal district court and Fourth Circuit in successful defense against an attempt to enforce a ten-year-old default judgment against non-party foreign respondents.
    • Pfizer Inc. in Supreme Court of the United States in complex appellate proceedings concerning subject matter jurisdiction and personal jurisdiction arising out of matters in California state and federal appellate courts.

    Pro Bono Representations

    • Amicus curiae briefs in the U.S. Supreme Court and courts of appeals on criminal justice, religious freedom, and class certification matters.
    • Asylum denial appeal for Tibetan refugee in which Board of Immigration Appeals reversed denial and asylum was granted on remand.
    • Successful dram shop act litigation against catering hall for overserving patrons convicted for hate- crime assault Sikh man.
    • Landlord-tenant matters for commercial tenants defending against eviction after fire deprived them of heat or hot water for six months.

    Includes matters handled prior to joining Dechert.

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