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 a major pharmaceutical company in Mass Tort and multidistrict litigation alleging systemic, psychiatric, and pregnancy injuries from a medication.  Favorable outcomes include several favorable trial court judgments and series of appellate wins following arguments, including:
  • 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 the defendant pharmaceutical manufacturer and re-affirmed the industry protective goal of New Jersey’s Product Liability Act.
  • In Re Accutane, 511 F. Supp. 2d 1288 (M.D. Fla. 2007), aff’d 291 Fed. Appx. 249 (11th Cir. 2008), obtaining Daubert exclusion of the sole general causation expert in the majority of multidistrict litigation cases.
  • Banner v. Hoffmann-La Roche Inc., 891 A.2d 1229 (N.J. Super. Ct. App. Div. 2006) and Boes v. Hoffmann-La Roche 2006 WL 827377 (N.J. Super. Ct. App. Div. March 31, 2006), both finding warnings to be adequate as a matter of law.
• Co-lead trial counsel for a major sports league in a prominent first-of-its-kind FCC lawsuit against a major cable company, which was favorably resolved following a bench trial.

Honors and Rankings

• The National Law Journal, 40 Under 40 (2009)
• Chambers USA Guide, Products Liability (2009)
• Euromoney, Benchmark: The Guide to America’s Leading Litigation Firms and Attorneys - Future Litigation Star, DC (2009, 2010)
• Washington Business Journal, Top Washington Lawyer, "Young Gun" (2009)
• Washingtonian, Top Lawyer (2009)

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

• "Disqualifying Plaintiff Experts," ACI Drug and Medical Device Conference (12/9/2009)
• "Pharmacovigilance and Product Liability," Drug Information Association, 45th Annual Meeting (6/24/2009)
• "How Wyeth v. Levine Affects the Pharmaceutical Industry," Drug Litigation Conference (6/3/2009)