Product Liability and Mass Torts

Excellence in complex product liability matters

Dechert has a well-established, nationally recognized product liability and mass torts practice, complemented by broad commercial litigation capabilities. Serving as regional and national trial counsel, we’ve achieved favorable outcomes for leading consumer goods, chemical, pharmaceutical and manufacturing companies such as AbbVie, Johnson & Johnson, Takata and Union Carbide Corporation.

Our business and product liability trials team has long handled complex substantive and procedural mass tort matters that include:

  • Private U.S. attorney general actions
  • State consumer fraud and deceptive practice claims
  • Claims for medical monitoring, market share liability and novel theories of causation
  • Defeating claims for punitive damages

We advise clients on warning and recall issues, responsible document creation and retention programs, and other methods for warding off and defending against potential litigation.

Deep experience in the most challenging jurisdictions

Dechert has successfully litigated large-scale, high-profile cases at the trial and appellate levels in both state and federal courts. Long experience has given us a deep understanding of the court systems in multiple states, including Arkansas, California, Florida, Georgia, Illinois, Louisiana, Maryland, Missouri, New Jersey, New York, Pennsylvania, Texas and Utah. On the federal level, we’ve successfully litigated cases before the U.S. Supreme Court as well as appellate and state courts around the country.

We’ve tackled the most complex problems facing mass tort defendants. Most recently, we:

  • Defeated class certification motions in more than 15 state and federal courts.
  • Convinced the U.S. Judicial Panel on Multidistrict Litigation to deny a request for pre-trial consolidation.
  • Defended, as steering counsel, mass tort cases within multidistrict proceedings.
  • Obtained writs of mandamus to defeat class certification.
  • Prevailed on appellate courts to reverse class certification.
  • Negotiated the waiver of millions of dollars in state and federal medical liens, clearing the way for global settlement of mass litigation.
  • Crafted global settlements of existing and putative mass tort claims under U.S. law and the laws of multiple European countries.
Strategy and planning

Dechert’s comprehensive strategic analyses enable clients to make the tactical decisions that can positively resolve their toughest litigation. Our representation includes a full, timely assessment of the costs, benefits and risks of possible strategies, and we make sure to coordinate clients’ product liability issues with their regulatory, securities and public relations requirements.

Focus on efficiency

We’ve developed an administrative infrastructure that handles several key functions: centralizing client and local-counsel inquiries; overseeing document-intensive litigation; and streamlining daily operations in order to contain client costs and minimize business disruptions.