Morgan Lewis has a long-standing, nationally recognized product liability and mass torts practice. Our team handles mass torts, individual lawsuits, and class actions, as well as multidistrict litigation. Our lawyers were the original thought leaders in asbestos-related bodily injury and property damage litigation, which has led to the development of current US product liability and toxic tort law. We often serve as national coordinating and trial counsel on product liability cases, and as lead counsel on mass, multidefendant toxic tort cases, including community exposure cases. We defend claims in the most challenging jurisdictions, opposing leading plaintiff trial firms. Our lawyers are leaders in effectively managing litigation by using innovative risk mitigation strategies and litigation metrics analysis to deliver effective and cost-efficient results.
We act as both national and local counsel, leveraging our broad geographic footprint in product liability and toxic tort defense. Working with economic, damages, and scientific experts, Morgan Lewis’s product liability team assesses the initial risks and develops a strategy for each client. Our team has experience operating in different models of national counsel, allowing us to work seamlessly with other defense counsel across the United States.
Our product liability and mass tort lawyers routinely draw on the resources of colleagues working in our life sciences, environmental, regulatory, corporate investigations, tax, and insurance recovery practices. These cross-disciplinary teams of product liability litigators, trial lawyers, and class action lawyers handle specific regulatory and coverage matters, defend against parallel government investigations, and provide strategic risk management advice.
First and foremost, we are trial lawyers. We also have exceptionally strong appellate advocates. And we have innovative and effective settlement counsel, with deep knowledge of and experience with qualified settlement funds, structured settlement techniques, insurance, and the tax implications of settlements. Our lawyers conduct arbitrations, mediations, and other forms of alternative dispute resolution.
Our skills, knowledge, and commitment—as well as our ability to deliver effective, long-term solutions for clients—set a standard of excellence that defines our service model. In fact, for two years running, BTI Consulting Group named Morgan Lewis as a class actions and torts “powerhouse” in its Litigation Outlook report (2015, 2014). Our firm also was named 2014 Pennsylvania Litigation Department of the Year Winner for Products Liability.
We have developed critical systems and efficiencies to manage large, complex litigation. As trial lawyers, we set the standard for the use of technology and multimedia in the courtroom. We know what it takes to try a high-profile, complex case to verdict. Our willingness to try a case when it is in our client’s interest, and our success record at trial, give us a strategic advantage when we negotiate settlements. We repeatedly are hired to serve as national trial counsel and national coordinating counsel for significant class actions. Because we have tried cases in more than two dozen jurisdictions, we have experience and insights into the jurisdictions relevant in mass tort litigation.
For more than three decades, we have handled class action cases and national serial litigation involving the full range of state and federal causes of action, including product liability. We have experience relating to products regularly implicated in bodily injury, personal injury, and tort litigation such as chemicals, asbestos, pharmaceuticals, medical devices, blood, carpets, lead, latex, and building and construction products.
High-profile, large, complex litigation poses many challenges to a business. It can potentially inflict significant financial damage on a company and can devastate an industry. Our lawyers have a sharp business perspective and can manage the sensitive external publicity and media relations, while also minimizing the impact on business operations. Working closely with our clients and, as appropriate, public relations consultants, we have successfully limited unfavorable media coverage, sometimes even using publicity to benefit our clients. With experience dealing with grass-roots organizations, town hall meetings, and the press, we often can control or diminish adverse publicity and local antagonism otherwise focused on our clients.
We have acted as lead counsel for major defendants in almost every variety of toxic tort litigation including Methyl Tertiary Butyl Ether (MTBE), welding rod, asbestos, benzene, silica, and groundwater contamination matters. Our lawyers have successfully litigated cases involving all commonly alleged paths of exposure, including releases to soil, groundwater, and air, as well as exposure through workplace and industrial products and processes.
When clients hire Morgan Lewis’s toxic tort lawyers, they benefit from:
We frequently serve as trial counsel and national coordinating counsel to pharmaceutical and medical device companies in large-scale serial litigation and mass torts. Our clients often look to us to defend high-profile cases in difficult jurisdictions. We strive to develop creative solutions and look beyond the usual playbook to provide an effective and efficient defense. We have extensive experience working with other leading law firms as part of a virtual law firm team, and pride ourselves on our culture of working well with others to provide a client-focused, collaborative defense.
Our product liability lawyers servicing the pharmaceutical and medical device industries have a deep understanding of the unique regulatory and legal issues facing our clients. Morgan Lewis lawyers have been at the forefront of the rapidly developing law in this area. For example, we have successfully defended numerous cases on the basis of federal preemption, establishing important precedents in key jurisdictions.
Morgan Lewis offers our pharmaceutical and medical device clients a seamless solution to legal problems in whatever forms they may take. Our product liability lawyers work closely with colleagues in our white collar, government investigations, and FDA practices to provide comprehensive, closely coordinated approaches.
We regularly counsel our pharmaceutical and medical device clients on strategies to reduce exposure and risk. This advice includes conducting audits of labeling and sales and marketing materials to ensure conformance with relevant statutes. We also counsel clients on product safety recalls, regulatory inquiries, and litigation before regulatory agencies.