Products Liability
Alston & Bird’s products liability practice offers a wealth of experience in all aspects of this diverse field, from litigating nationwide class action and mass tort litigation to managing product recalls and developing product warnings. Whether it is ending litigation that has already begun or preventing the next case from being filed, we approach every engagement with a relentless focus on achieving results.
EXPERIENCE
Alston & Bird is often called upon to serve as national, regional or special trial or Daubert counsel in high-stakes litigation. We have earned a reputation for success in cases like Cano v. Everest Minerals Corp., involving more than 50 cases of cancer from alleged exposure to ionizing radiation in which our Daubert victory resulted in summary judgment for the defendants, and McGinnis v. Baxter Healthcare Corp., a latex glove case tried in California in which the jury found for our client on all but one count, with the final count thrown out on directed verdict. McGinnis was one of several key victories that allowed us to resolve on favorable terms over 900 latex glove cases nationwide. Results like these lead our clients to continue to trust Alston & Bird’s products liability lawyers with significant matters in difficult jurisdictions, such as our current representation of a Fortune 50 chemical company in a case in Alabama state court involving more than 1,600 plaintiffs.
We have particular expertise in dealing with chemicals/toxic tort, pharmaceutical and medical devices, mechanical/consumer products, food and beverages and scientific evidence.
IN THE COURTOOM
Savvy clients know that a law firm’s readiness, willingness and ability to try your case effectively and competently is one of the most important ways to bring about a favorable settlement. Those attributes also lead to success in the courtroom when settlement is inadvisable or unreachable. Our trial lawyers are battle tested and have national reputations. Two of our partners are Fellows of the American College of Trial Lawyers, which is the single most respected credential among trial lawyers nationally. One of our partners and his trial teams have been recognized in three separate years on The National Law Journal’s annual list of the “Top 10 Defense Verdicts.”
BEYOND THE COURTROOM
We are prepared to try cases, and we are equally prepared for the other complexities of products liability matters, including crisis management, public relations, complex settlement negotiations and alternative dispute resolution. We have participated for years in the Sedona Conference, the leading professional organization addressing electronic discovery issues, and we have excellent in-house technical capacity for dealing with these issues in an effective and cost-efficient manner. On the regulatory front, we advise companies about the laws and regulations governing consumer products, including the Consumer Product Safety Act, and counsel companies concerning appropriate strategies to avoid product recalls and to implement effective recalls when necessary. In addition, we assist companies in drafting warranties and warnings for their products that limit their products liability exposure.
WHY ALSTON & BIRD?
The current climate of class actions, mass torts and junk science requires lawyers with uncommon strategic vision who can avoid or minimize litigation before it actually begins, end litigation quickly if it is commenced and, if necessary, successfully try cases to verdict. Alston & Bird has the substantive legal and scientific experience, the history of Daubert/Frye success, the familiarity with the new era of electronic discovery and the proven trial record to meet these challenges.