Kara L. McCall

• Represented a leading consumer products company in defending against a putative nationwide consumer class action challenging allegedly deceptive product labeling claims regarding “Natural Moisturizing Factor” ingredients. The Northern District of Illinois granted Alston & Bird’s motion to dismiss.
• Lead trial counsel for a contract sterilizer of medical devices in ongoing toxic tort litigation in the Circuit Court of Cook County, IL, as well as in Georgia state court. The plaintiffs claim that exposure to a chemical used by the sterilizer – ethylene oxide – led them to develop cancer and other injuries. The defense team obtained a full defense victory in the second trial in Cook County, leading to a settlement of all 800+ claims filed there.
• Counsel for a pet food company in a putative class action in federal court in Illinois challenging the sale and labeling of certain pet food products. Obtained a complete denial of class certification for the client.
• Counsel for a manufacturing company facing numerous personal injury and wrongful death claims arising out of claims that the company discharged carcinogenic chemicals into the soil and water in the surrounding community. Resolved through settlement in Illinois state court. Challenged another defendant’s motion for a good-faith settlement determination with favorable results to client.
• Counsel for a cosmetics company in a putative class action alleging false advertising and improper drug classification. The federal court in California stayed the claim and instituted a unique reporting requirement, ordering the plaintiff to report back if she decides to pursue the FDA’s drug classification process. The court further held that the plaintiff did not sufficiently allege false representation.
• Counsel for the defendant in five consumer fraud class actions in federal courts in California, Illinois, and New York based on allegations that a joint-health dietary supplement did not provide the claimed benefits.
• Counsel for a major pharmaceutical and consumer health company in class actions in New Jersey and Illinois involving probiotic dietary supplements, based on allegations that the supplement did not provide the claimed digestive and immunity health benefits. No class was ever certified, and the defendants were granted summary judgment.
• Counsel for a construction products company in a class action in Pennsylvania involving roofing shingles, based on allegations that the shingles did not perform as advertised, leading to property damage. After 10 years of litigation, no class was ever certified and the case was dismissed.
• Counsel for a beverage company defending wrongful death lawsuits across the country arising out of the alleged misbranding of a caffeinated alcohol product.
• Counsel for a tank car manufacturer in cross-border litigation arising out of a train derailment that resulted in significant deaths and property damage.
• Counsel, including at trial, for a chemical company defending wrongful death, personal injury, and property damage litigation arising out of dust explosions resulting from misuse of a chemical in the manufacturing processes.
• Counsel for a chemical company defending against premises liability claims resulting from injuries to truck drivers delivering or loading chemicals.
• Advised a medical sterilization company on toxic tort risk and litigation strategy related to alleged ethylene oxide emissions, including insurance and settlement considerations.

Kara McCall focuses her practice on defending companies in class actions and products liability, mass tort, toxic tort, and other complex litigation disputes, including multidistrict proceedings. She regularly defends against claims involving personal injury, wrongful death, economic loss, and punitive damages. Her extensive experience includes managing and challenging expert witnesses in economic and scientific fields, including toxicology, epidemiology, and cancer biology.

She represents and advises clients across a broad spectrum of industries, including food and beverage, nutritional supplements, chemicals, construction products, pharmaceuticals, and medical devices. This includes not only product liability matters, but also commercial litigation. She has extensive experience with all 50 states’ consumer protection statutes, handling class action consumer fraud cases all over the country.

Kara has been instrumental in the development of discovery plans and protocols to minimize discovery before the class certification phase and has defeated class certification in state and federal courts. When settlement is appropriate, she has helped her clients negotiate nationwide mass plaintiff and class action settlements that have been approved by federal courts.

Kara’s work has been recognized by Crain’s Chicago Business, Chambers USA, Benchmark Litigation, Who’s Who Legal, Law360, and the National Law Journal. She previously served as a law clerk for the Hon. Diane P. Wood of the U.S. Court of Appeals for the Seventh Circuit.

Bar Admissions

• Indiana
• Illinois

Education

• The University of Chicago (J.D., 2000)
• Butler University (B.A., 1997)

Court Admissions

• U.S. Court of Appeals for the Third Circuit
• U.S. Court of Appeals for the Seventh Circuit
• U.S. Court of Appeals for the Ninth Circuit
• U.S. Court of Appeals for the Eleventh Circuit
• U.S. District Court, Northern District of Illinois
• U.S. District Court, Northern District of Illinois, Trial Bar
• U.S. District Court, Northern District of Indiana
• U.S. District Court, Southern District of Indiana

Clerkships

• U.S. Court of Appeals for the Seventh Circuit, Hon. Diane P. Wood

Memberships