Morgan Lewis

National Trial and Coordinating Counsel

Selected Representations

Currently represent a major medical device manufacturer in class action and other litigation throughout the country; national coordinating counsel for all product liability and related litigation matters concerning client's current excimer laser system. We also represent them on the plaintiff's side in complex contract litigation in which defendants have raised product defect claims. We have obtained numerous rulings excluding purported product defect expert witnesses, including a recent ruling in Texas excluding the former Chief of the Center for Devices and Radiological Health of the Food and Drug Administration. In each class action case, the court has either granted dispositive motions dismissing plaintiffs' claims or has denied class certification.

Presently serve as national litigation counsel for a multinational corporation in defense of thousands of welding rod claims pending around the United States. The claimants include present and former welders claiming neurological injury as a result of exposure to welding fumes. Litigation involves claims of more than 9,000 individual plaintiffs in 16 states. Includes a federal multidistrict litigation pending in the Northern District of Ohio, as well as numerous individual and "mass action" claims filed in various state court jurisdictions.

Medical monitoring class actions are also pending for this client in several states. We manage all aspects of client's defense, including compliance with discovery obligations, records management, and preparation of witnesses. In most recent case to be tried to a jury, we filed a summary judgment motion on product identification grounds that led to client's dismissal before the trial.

Served as national coordinating counsel on behalf of a major oil company in numerous MTBE cases filed throughout the country, alleging that gasoline with MTBE (a gasoline additive) caused extensive groundwater contamination. Plaintiffs included water districts, municipalities, retail businesses, and property owners, who asserted claims of product liability, negligence, fraud, and unfair competition.

In California, we led successful efforts in several cases to strike claims for treble damages, punitive damages, and unfair competition claims. We played an active role in a joint defense group in California, and were asked to take a lead role for the defense group in the second MTBE case in the country to go to trial. On the eve of trial, plaintiff accepted a settlement from five of the major oil companies in an amount less than 2% of plaintiff's original settlement demand.

National trial and coordinating counsel for an electronic components manufacturer and its subsidiaries in hundreds of asbestos-related personal injury actions. Responsible for developing defenses suited to these clients, coordinating cases nationally, working with expert witnesses, and serving as trial counsel. In Los Angeles, we act as local counsel and trial counsel, and are responsible for every stage of litigation through the completion of trial. Our team frequently obtains successful results against prominent plaintiffs' firms. For this client we identify the cases likely to go trial as early as possible and aggressively litigate them throughout the action.

National defense counsel for hundreds of asbestos personal injury cases pending against a manufacturer of industrial pumps and a sister corporation. Cases involve more than 25,000 individual plaintiffs, pending in more than a dozen states. We are responsible for overseeing and coordinating defense of the cases, including preparing company and expert witnesses, preparing exhibit and witness lists, coordinating case preparation and settlement strategy, selecting and training of local counsel, and interacting with client's carriers.

Represent a major chemical company in nationwide asbestos litigation. Prior to 1980, the company had distributed raw asbestos fiber as a minor part of its chemical sales business to its building materials manufacturing customers and was later targeted in nationwide asbestos litigation. We manage their increasing litigation problem and handle their litigation and trial strategy. We assembled a team of litigators and trial lawyers and organized defenses state-by-state, helping overburdened local trial counsel meet deadlines and present a credible trial threat. Client has asked us to undertake management and coordination of all their local counsel, as well as negotiations with its insurers.