Paul W. Schmidt

Paul Schmidt is a partner in the firm’s Litigation group with a particular emphasis in pharmaceutical and other products liability litigation and counseling.  He currently represents several major pharmaceutical companies in defending Mass Tort product liability allegations, and has significant experience in handling multi-forum and consolidated litigation through federal multidistrict proceedings and analogous state procedures.  Mr. Schmidt has developed unique expertise formulating legal strategies and presenting appellate arguments addressing the leading issues facing the pharmaceutical industry today, including preemption, preservation of the learned intermediary doctrine, and jurisdictional defenses.  He also regularly counsels clients in the life sciences industry seeking strategies to minimize potential product liability exposure in their development and marketing of new products.

Representative Matters

• Co-coordinating counsel for major pharmaceutical company in Mass Tort and multidistrict litigation alleging systemic and psychiatric injury from medication.
• Counsel for major pharmaceutical company in multidistrict litigation alleging cardiovascular injury and consumer protection claims relating to medication.
• Successfully argued Rowe v. Hoffmann-La Roche Inc., 917 A.2d 767 (N.J. 2007), recognized as Noteworthy Case by National Law Journal on its 2008 Appellate Hotlist.  This case reinstated judgment for defendant pharmaceutical manufacturer and reaffimed industry protective goal of New Jersey’s Product Liability Act.
• Successfully argued In Re Accutane, 511 F. Supp. 2d 1288 (M.D. Fl. 2007), obtaining Daubert exclusion of sole general causation expert in majority of multidistrict litigation cases.
• Regular counsel to industry trade associations submitting amicus briefs in appellate courts throughout the country.
  

Honors and Rankings

• Euromoney, Benchmark: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, DC (2008)

Pro Bono

• Successful representation of family in civil rights lawsuit against the Richmond Police Department over the shooting of an unarmed man.  See Johnson v. City of Richmond, 2005 WL 1668080 (E.D. Va. June 16, 2005); see also Jim Nolan, “Monroe Wants Use of Force Reviewed,” Richmond Times-Dispatch (March 16, 2005) (new police chief announcing sweeping changes to City’s use-of-force training following extensive discovery on this training).
• Representation of prisoner in First Amendment appeal to Third Circuit Court of Appeals.
  

Publications and Speeches

• "Implied Preemption - Bracing for Potential Reform to Pharmaceutical Preemption Law," American Conference Institute, Drug and Device Preemption (7/14/2008)
• "Product Liability and Drug-induced Injury: Adverse Event Reporting in the US and the Law in Europe," Drug Information Association, 44th Annual Meeting (6/26/2008)
• "Third Circuit Upholds Landmark Win For Preemption Defense Against Drug Lawsuits," Covington E-Alert (4/15/2008), Co-Author