Covington has a dynamic and burgeoning products liability practice led by one of the leading trial lawyers in the country, Mike Brock, and supported by rising stars in the field. Legal 500 U.S. says, the “team’s ‘substantive expertise is excellent’ and it is ‘distinguished by its mastery of the law, excellent regulatory practice and superb trial lawyers.’” Chambers US recommends the team’s “deep legal and scientific expertise.”
Covington lawyers regularly serve as defense trial and appellate counsel in product liability and mass tort lawsuits, and as strategic advisors for companies and trade associations with national or multi-state liability risks or actions. Our multidisciplinary practice integrates business savvy and industry experience with sophisticated trial, appellate, and litigation management expertise. In addition, we generate exceptional value for clients by leveraging a deep field of expert colleagues, including insurance specialists in mass tort recovery, consumer protection and class action specialists, energy, and food and drug regulatory experts.
Representative Matters
Trial and Appellate Litigation
Covington’s product liability team is called upon to handle high-profile mass tort matters that require a sophisticated litigation defense, strong trial skills, and outstanding appellate abilities. Covington currently serves as lead counsel in two of the largest mass tort actions pending in the United States:
- British Petroleum’s defense regarding the Oil Spill by the Oil Rig “Deepwater Horizon."
- Chiquita Brands International’s defense of over 5,000 claims under the Alien Tort Statute.
Covington’s product liability team frequently serves as trial counsel and national product liability counsel in complex multi-district litigations. Our team is further distinguished by our record of appellate victories and our preparation of amicus briefs on cutting-edge issues, including federal preemption, innovator liability, and the learned intermediary doctrine. Our expertise has been sought after by companies and trade groups in the life sciences, alcohol beverage, dietary supplement, chemical, construction equipment, energy, railroad, software, automotive, and mining industries.
Pharmaceuticals: Our team has extensive experience defending pharmaceutical companies in product liability actions in state and federal courts around the country. Representative matters include:
- National counsel for Hoffmann-La Roche Inc., defending mass tort claims involving the prescription acne medication Accutane. In addition to considerable trial level success, Covington has obtained eleven consecutive appellate victories for Roche in the Accutane litigation.
- Lead trial counsel for Merck in a three week Fosamax trial resulting in a defense verdict.
- Trial counsel for Merck in Vioxx litigation, resulting in multiple defense verdicts.
- Lead trial counsel for Pfizer defending claims related to its smoking cessation medication, Chantix.
- National counsel to Genentech defending claims related to its cancer medications, Rituxan and Avastin.
- Counsel to Eli Lilly and Co. defending consumer protection claims related to its antidepressant Cymbalta.
- Trial counsel for AstraZeneca in the Seroquel litigation, including obtaining a defense jury verdict in the first case to go to trial.
- Appellate counsel to Eli Lilly before the Second Circuit. Covington obtained a ruling from the appellate court that Lilly was entitled to summary judgment on plaintiffs’ claims and that the “third party payor” plaintiffs’ claims related to Zyprexa pricing could not proceed as a class action, as initially certified by the district court.
- Counsel to Merck Animal Health defending purported class action claims related to its animal diabetes medication, Vestulin.
- National coordinating counsel to Purdue Pharma defending scores of suits filed in state and federal courts around the country by plaintiffs who claim injury from having used – in most cases abused – the company’s OxyContin pain relief prescription medication.
- Counsel to pharmaceutical and biotech clients defending individuals’ claims arising out of their participation in our clients’ clinical trial programs.
- Litigation counsel to several pharmaceutical industry trade associations.
Food, Cosmetics and Medical Devices: Covington has deep substantive expertise regarding food, cosmetic, and medical device regulations, which enhances our defense of mass tort claims against our clients in these industries.
Strategic Advisors
Covington lawyers provide strategic counseling to assist national and international companies evaluate new or evolving mass tort liability. Representative matters include:
- Conducting due diligence investigations to evaluate potential product or toxic tort liabilities associated with products and services supplied by a merger or acquisition candidate.
- Performing risk assessments for pharmaceutical and medical device companies bringing products to market.
- Providing advice to trade associations, including Consumer Healthcare Products Association (CHPA), Pharmaceutical Research and Manufacturers of America (PhRMA), and Distilled Spirits Council of the United States (DISCUS).
- Serving as national product liability counsel to Microsoft in preparation for the defense of claims involving virus and worm attacks or potential cyber-terrorism involving our client's array of software products.
- Counseling companies with rising volumes of asbestos and silica liability claims in the energy, automotive, construction, mining, respiratory protection, and railroad industries.
Accolades
- Legal 500 US, Product Liability & Mass Tort Defense - Pharmaceuticals and Medical Devices (2012).
- Mike Brock and Mike Imbroscio
- Legal 500 UK, Product Liability (2012)
- Chambers USA, Products Liability & Mass Torts Practice (2012)
- Mike Brock, Pat Davies, Paul Schmidt, and Ted Voorhees
- Chambers UK (2013)
- Product Liability - Food - Grant Castle
- Product Liability - Mainly Defendant - Brian Kelly
- Best Lawyers in America (2013)
- Product Liability Litigation - Mike Brock, Patrick Davies, Mark Lynch, Keith Teel, and Theodore Voorhees
- Personal Injury Litigation - Defendants: Chad Morriss
- The Practical Law Company (PLC) recognized two of our attorneys in Products Liability (2012).
- Mike Brock and Ted Voorhees
- U.S. News-Best Lawyers "Best Law Firms," Product Liability Litigation - Defendants: National and DC (2013)
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