Product Liability

Maynard Cooper attorneys have successfully defended products in a wide variety of areas, including the following:

• tobacco
• rental trucks
• blood products
• aircraft
• automotive carriers
• automotive components, including transmissions, axles, brakes and cruise control devices
• log skidders
• motorcycles
• dental x-ray equipment
• lasers
• electrical components
• diet drugs
• breast implants
• latex gloves
• dialyzers
• contraceptive devices
• over-the-counter cold medications containing phenlypropanolamine
• thimerosal-containing vaccines
• rheumatoid arthritis therapy
• hormone replacement therapy

Recent Examples of Product Liability Litigation Defended by Maynard Cooper:

• The firm defended The Dow Chemical Company in products liability claims by some 1500 plaintiffs in consolidated mass tort actions in Alabama and West Virginia involving underground coal miners who were allegedly exposed to methylene diisocyanate while applying a product used for consolidation of coal mine roofs in longwall mining. This matter was ultimately settled after a lengthy jury selection process (from a venire of over 400 prospective jurors), after several weeks of motions in limine, and on the eve of opening statements to the empanelled jury.
• The firm is currently serving as one of the national trial counsel for a Fortune 100 corporation facing numerous asbestos injury and wrongful death claims in multiple states.
• The firm defended one of the five largest pharmaceutical companies in the United States in significant mass tort product liability litigation in state and federal courts in Alabama. These included cases concerning diet drugs, rheumatoid arthritis therapy, over-the-counter cold medications containing phenylpropanolamine, thimerosal-containing vaccines and hormone replacement therapy.
• The firm represented Brown & Williamson Tobacco Corporation (prior to merger with R. J. Reynolds) in tobacco product liability cases in Alabama. Our attorneys argued for the industry in the Eleventh Circuit, and on certified questions, in the Alabama Supreme Court in Spain v. Brown & Williamson, a seminal case regarding the statute of limitations and the rule of repose as applied to smoking and health litigation.
• The firm defended a major privately held medical device manufacturer in a product liability claim involving a laser wrinkle treatment device that abrades the skin around the eyes. A doctor’s employee was injured when the doctor used the device on her. We obtained partial summary judgment as to claims involving negligent entrustment and failure to warn, leaving only manufacturing or design defects claims in the case.
• The firm represented a German manufacturer of an industrial electrical switchbox in an action in Alabama state court involving an electrocution incident.
• The firm represented a manufacturer of electrical equipment used in a power distribution substation in an action alleging defective design leading to electrocution.
• The firm is currently representing a stainless steel manufacturer in a mass tort case alleging multiple exposures to hexavalent chromium from welding activities on the product.
• The firm served as MDL Liaison Counsel for all Manufactured Housing Defendants in the FEMA Trailer Formaldehyde Products Liability Litigation arising from Hurricane Katrina. The MDL involved over 100,000 plaintiffs and dozens of defendants. The firm changed the course of the MDL by convincing the District Court to require Article III matching of plaintiffs and defendants. The firm played a leadership role in successfully defeating plaintiffs attempt to certify a class action. The firm played a leadership role in asserting the defense of preemption, which resulted in the dismissal of many of plaintiffs primary claims. After obtaining the preemption ruling, the firm played the lead role in negotiating and implementing a class settlement for the Manufactured Housing Defendants.
• The firm has defended multiple manufactured housing defendants in class actions and class arbitrations in Alabama, Florida, Louisiana and Texas relating to various product defect claims.
• The firm successfully defended a case against a motorcycle manufacturer in a rider’s death occurring during a test run of the motorcycle at a Talladega Motor Speedway.
• The firm successfully filed an amicus brief in the Alabama Supreme Court, addressing the policy implications of a proposed change to the statute of limitations governing all toxic tort exposure claims. The Alabama Supreme Court adopted the firm's position.
• The firm successfully defended a major international pharmaceutical company in personal injury and wrongful death lawsuits filed around the United States arising from a national recalled drug product.
• The firm has successfully defended a major pharmaceutical company in various personal injury lawsuits related to a biologic.
• The firm successfully defended a products liability case tried in Tallapoosa County, Alabama alleging a defective machine design. The firm obtained a defense verdict from a local jury on the basis of contributory negligence. The firm successfully defended the verdict in the Alabama Supreme Court.

Credit Card Bulletin 02/16/2011

ATM Alert 09/01/2010