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James H. Heller

Chair, Products Liability
P (215) 665-2189

John J. McDonough

Vice Chair, Commercial Litigation Department
P (212) 908-1226

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      Products Liability

      Cozen O'Connor Blogs

      Food Recall Monitor

      The unique perils of products liability laws and regulations are well known to companies involved with the manufacture or sale of commercial goods. Unlike other torts, when it comes to products liability, the evidentiary burden for plaintiffs is relatively low and the exposure for defendants can be extraordinarily high. Even the most vigilant, safety-conscious companies must be prepared to respond to serious products liability claims. In this era of globalized trade and extensive cooperation and communication among plaintiffs’ firms, companies should expect the frequency of products liability filings, particularly multi-jurisdictional class claims, to increase.

      Cozen O’Connor has been a leader in products liability defense for more than three decades. Our attorneys represent foreign and domestic designers, manufacturers, and distributors of a diverse array of products, from food and drugs to industrial equipment and building materials. We help clients respond to major personal injury and property damage claims in the form of single-product cases, class actions, mass torts, and multidistrict litigation, as well as all types of congressional, regulatory, or criminal investigations. We routinely appear before state and federal courts, arbitration panels, and federal agencies, including the Food and Drug Administration and Consumer Product Safety Commission.   

      Members of the products liability team serve as ongoing national counsel to major products manufacturers. In this role, we build long-term client relationships and work closely with corporate counsel to minimize a company’s overall liability, establish efficient protocols for fielding claims, and limit the need for in-house litigation support. We advise clients about labeling, marketing, manuals and instructions, supply and distribution contracts, and insurance and indemnification issues. We analyze clients’ possible exposure to particular losses and mount an immediate and aggressive response to threatened or filed claims.

      Our attorneys not only have deep knowledge of the relevant law, but also a keen understanding of the importance of adept case management and superior preparation. Cozen O’Connor’s products liability group has designed a proprietary database that can be tailored to track specific industries and clients when issues arise. Additionally, we have formed a network of more than ten thousand accredited scientific experts, from metallurgists to pharmacologists, who work with our attorneys to interrogate every aspect of a case.

      The firm has a successful track record of trying complex cases. More attorneys at Cozen O’Connor have first-chaired products liability trials than at any other comparably sized firm. This benefits our clients in numerous ways. Having regularly been through the crucible of trial, our attorneys’ strategic advice is based on an accurate understanding of how facts and arguments are likely to be perceived. Moreover, our reputation as trial lawyers gives us leverage in negotiations because adversaries know we settle only to serve our clients’ best interests – not to avoid court.

      While our clients demand the highest-quality legal services, cost containment and budget predictability are also important concerns for well-managed companies. Particularly in products liability litigation, where the full scope of a problem may not be immediately clear, Cozen O’Connor works closely with clients to develop litigation strategies that limit exposure and prevent escalation. We staff tight teams led by senior attorneys who communicate directly with clients about strategy and ongoing claims management.

       

      SERVICES

      • Serve as national trial counsel and national coordinating counsel for product manufacturers
      • Represent manufacturers, distributors, suppliers, and retailers
      • Defend against allegations of products liability, including negligence, strict liability, breach of warranty, and consumer protection violations
      • Manage single-product cases, class actions, mass torts, and multidistrict litigation
      • Advise clients regarding underlying potential liabilities and exposure to particular loss claims, and review contracts, warning labels, and sale or distribution protocols
      • Negotiate cross-jurisdictional global sourcing agreements between foreign makers of component parts and stateside assemblers or manufacturers

       

      CLIENTS

      Food Contamination & Recall. Our attorneys routinely handle high-stakes food products liability claims and provide food-industry crisis management services. We help clients respond decisively at the first sign of trouble and defend clients in major food recall cases.

      Safety Products. Cozen O’Connor is a leading advocate for the smoke alarm industry, serving as the national coordinating counsel and national trial firm for an international alarm products manufacturer. Our attorneys have successfully tried numerous cases to verdict in state and federal courts throughout the United States, often achieving wins for the defense on all counts.

      Aviation. Our firm is known for its successful representation of aviation clients in a range of matters, including products liability, wrongful death and survival actions, personal injury, warranty claims and product recalls, and property damage. Because aviation litigation frequently involves multiple filings in multiple jurisdictions, Cozen O’Connor has a strong network of aviation attorneys in offices across the country and around the world.

      Medical and Life Sciences. Cozen O’Connor’s attorneys combine sophisticated products liability experience with deep knowledge of the health care sector and cutting-edge medical technology. We are positioned to defend developers, designers, suppliers, manufacturers, and users of medical and life sciences products, particularly against claims of personal injury or wrongful death.

      Additional Focus Industries. Cozen O’Connor also has extensive experience serving clients with exposures in the areas of sports equipment, automotive and off-road vehicles, construction equipment and building products, toxic torts and chemicals, firearms, and manufacturing equipment.

       

      TEAM

      Cozen O’Connor’s team includes more than seventy lawyers who have distinguished themselves in the field of products liability. Our attorneys are named fellows of the American College of Trial Lawyers and the International Academy of Trial Lawyers, and are ranked by Chambers and Partners. In addition to being recognized by independent legal observers as among the nation’s “most influential” trial attorneys who are regularly involved in “significant verdicts,” our lawyers are also known for their intellectual gravitas. They serve on national boards and lecture frequently on products liability and tort defense.

      While the design, manufacture, sale, and promotion of many products is now a global endeavor, the majority of U.S. products liability laws are determined by individual states and vary widely across the country. Top law firms, therefore, must be able to operate effectively on the international, national, and state level. Our attorneys have played lead roles in some of the most sprawling multi-jurisdictional products liability litigations to date, including in defense of asbestos, tobacco, and diet systems companies. With offices abroad and lawyers licensed in all fifty states, Cozen O’Connor has the capacity to respond to products liability matters wherever they arise.

      Experience

      Represented Lycoming Engines in a successful bid to deny class certification in two consolidated lawsuits in which plaintiffs sought damages in excess of $60,000,000. The litigation arose out of an airworthiness directive issued by the Federal Aviation Administration, requiring replacement of aircraft engine crankshafts in approximately 5,000 aircraft. The plaintiffs sought assorted damages from the engine manufacturer, on behalf of the owners of affected aircraft, for diminution in value and costs associated with compliance with the crankshaft airworthiness directive. The case settled on favorable terms less than 48 hours after the decision to deny class certification.


      Secured summary judgment on behalf of a leading global manufacturer of anesthetic infusing pain pumps. Plaintiff, a former horse jockey who received a pain pump following shoulder replacement surgery, brought claims in strict liability, negligence, breach of express and implied warranties, misrepresentation, and fraud. Plaintiff further alleged that the defendant manufacturer failed to warn of the pain pump’s dangerousness in either a negligent or fraudulent manner. Similar cases have resulted in multi-million dollar verdicts against pain pump manufacturers. In this case, however, the Court issued a 23 page Memorandum Opinion adopting all of Cozen O’Connor’s arguments, granting the defendant’s summary judgment motion, and dismissing all of plaintiff’s claims with prejudice.


      Attorneys

      Mark W. Atwood Member Washington, D.C. (202) 463-2513
      Mark A. Bartholomaei Member Denver (720) 479-3932
      Paul R. Bartolacci Member Philadelphia (215) 665-2001
      Jason L. Beckerman Member New York (212) 908-1332
      Joseph J. Bellew Member Wilmington (302) 295-2025
      Guy A. Bell Member New York (212) 908-1223
      Gerard F. Belz, Jr. Of Counsel Philadelphia (215) 665-2046
      Denise Brinker Bense Member West Conshohocken (610) 832-8351
      Eric J. Berger Member New York (212) 908-1279
      David M. Bessho Member Atlanta (404) 572-2046
      Robert L. Bowman Associate Seattle (206) 340-1000
      Kevin Bush Office Managing Partner San Diego (619) 685-1716
      Bryan R. Campbell Member Seattle (206) 373-7245
      James F. Campise Member New York (212) 509-9400
      Evan B. Caplan Member Philadelphia (215) 665-4735
      Kevin P. Caraher Member Chicago (312) 382-3192
      Sean P. Carter Member Philadelphia (215) 665-2105
      William N. Clark, Jr. Member Philadelphia (215) 665-4101
      Martha E. Conlin Member Chicago (312) 382-3129
      Stephen A. Cozen Chairman Philadelphia (215) 665-2020
      James D. Dendinger Member Dallas (214) 462-3007
      David R. Denton Member Los Angeles (213) 892-7900
      Martin P. Duffey Member Philadelphia (215) 665-2780
      Richard M. Dunn Office Managing Partner Miami (305) 704-5950
      Stephen B. Edmundson Member Houston (832) 214-3930
      Tracy L. Eggleston Member Charlotte (704) 348-3409
      Lynnette D. Espy-Williams Member Atlanta (404) 572-2085
      Christopher C. Fallon, Jr. Member West Conshohocken (215) 665-2036
      Douglas B. Fox Member Philadelphia (416) 361-3200
      John B. Galligan Member New York (212) 908-1276
      Joseph A. Gerber Member Philadelphia (215) 665-2026
      William E. Gericke Member Philadelphia (215) 665-2146
      Tia C. Ghattas Office Managing Partner Chicago (312) 382-3116
      Joshua Ross Goodman Member Miami (305) 704-5940
      Rory G. Greebel Associate New York (212) 908-1244
      Josh M. Greenbaum Member Philadelphia (215) 665-2788
      Stephen M. Halbeisen Chair, Subrogation & Recovery, South Central Region Dallas (214) 462-3005
      Dexter R. Hamilton Member Philadelphia (215) 665-2166
      Michael D. Handler Member Seattle (206) 808-7839
      Daniel Q. Harrington Member Philadelphia (215) 665-2126
      Marcos Alfredo Hazan-Cohen Co-Chair, Subrogation & Recovery, Latin American Region Dallas (214) 462-3029
      James H. Heller Chair, Products Liability Philadelphia (215) 665-2189
      Michael F. Henry Member Philadelphia (215) 665-2050
      Gilbert S. Hernandez Member San Diego (619) 234-1700
      T. David Higgins, Jr. Chair, Subrogation & Recovery, Southeast Region Charlotte (704) 348-3408
      Kevin J. Hughes Co-Chair, Subrogation & Recovery Group Philadelphia (215) 665-2739
      Ramona N. Hunter Member Seattle (206) 808-7823
      Hayes Hunt Chair, Pro Bono Committee and Professional Development Committee Philadelphia (215) 665-4734
      Erik L. Jackson Member Los Angeles (213) 892-7961
      Kevin M. Kelly Associate Philadelphia (215) 665-5570
      Christopher B. Kende Member New York (212) 908-1242
      Jennifer A. Kennedy-Coggins Member Atlanta (404) 572-2066
      Barrett Kiernan Member San Diego (619) 685-1710
      Sarah Earle Killeen Member Denver (720) 479-3893
      Philip G. Kircher Member Philadelphia (215) 665-7233
      Gary M. Klinger Associate Chicago (312) 382-3164
      William F. Knowles Member Seattle (206) 224-1289
      Aaron Krauss Member Philadelphia (215) 665-4181
      Paul K. Leary, Jr. Member Philadelphia (215) 665-6911
      David Y. Loh Member New York (212) 908-1202
      Daniel J. Luccaro Member Philadelphia (215) 665-6968
      Peter A. Lynch Member San Diego (619) 234-1700
      Howard D. Maycon Co-Chair, Subrogation & Recovery, West Region Los Angeles (213) 892-7908
      Jefferson C. McConnaughey Member Atlanta (404) 572-2056
      John J. McDonough Vice Chair, Commercial Litigation Department New York (212) 908-1226
      Megan L. McFarland Member Seattle (206) 808-7853
      Allan Mendelsohn Of Counsel Washington, D.C. (202) 912-4800
      Caroline A. Morgan Associate New York (212) 908-1213
      Anthony J. Morrone Member Chicago (312) 382-3163
      Mark T. Mullen Member Philadelphia (215) 665-2091
      Christopher H. Murphy Member Chicago (312) 382-3155
      Nicholas J. Neidzwski Associate Seattle (206) 224-1249
      Matthew F. Noone Member Philadelphia (215) 665-2192
      James C. O´Connor Member West Conshohocken (610) 941-2344
      Michael J. Partos Member Los Angeles (213) 892-7936
      Pamela Pengelley Co-Chair, Subrogation & Recovery, Canadian Region Toronto (416) 361-3200
      Jennifer A. Poynter Member Denver (720) 479-3925
      Vincent P. Pozzuto Member New York (212) 908-1284
      Richard R. Rardin Member Denver (720) 479-3915
      Scott W. Reid Member Philadelphia (215) 665-2152
      John W. Reis Member Charlotte (704) 348-3416
      Joseph F. Rich Member Philadelphia (215) 665-7285
      Elaine M. Rinaldi Chair, Strategic Planning & Growth Philadelphia (215) 665-2096
      Peter G. Rossi Member Philadelphia (215) 665-2783
      Mark S. Roth Member Los Angeles (213) 892-7906
      Abby L. Sacunas Member Philadelphia (215) 665-4785
      Reeve Segal Associate Los Angeles (213) 892-7900
      David A. Shimkin Member New York (212) 509-9400
      Matthew J. Siegel Member Philadelphia (215) 665-3703
      Robert J. Slavik Member Seattle (206) 373-7238
      MaryTeresa Soltis Member Philadelphia (215) 665-4636
      James I. Tarman, Jr. Chair, Subrogation & Recovery, Midwest Region Chicago (312) 382-3132
      Daniel C. Theveny, Sr. Member Philadelphia (215) 665-4194
      J. Donald Tierney Of Counsel New York (212) 908-1318
      Lauren A. Tulli Member Philadelphia (215) 665-6907
      Mark E. Utke Member Philadelphia (215) 665-2164
      Matthew T. Walsh Member Chicago (312) 382-3108
      Jeffrey G. Weil Co-Chair, Litigation Department, Chair Commercial Litigation Philadelphia (215) 665-5582
      Anita B. Weinstein Member Philadelphia (215) 665-2059
      Brendan Winslow-Nason Associate Seattle (206) 373-7252
      Paul J. Zola Associate New York (212) 908-1247
      Benjamin E. Zuckerman Of Counsel Philadelphia (215) 665-4187

      Publications


      Foreign Plaintiffs, Forum Non Conveniens, and the 1999 Montreal Convention [AILA]

      September 26, 2011

      MORE


      Roadmap to social media for pharmaceutical companies [PharmaLive]

      May 04, 2011

      MORE


      U.S. Congress Must Begin To Walk The Walk On Airline Ownership [Aviation Daily]

      March 10, 2011

      MORE


      The Preemptive Scope of the Vaccine Act: Must Unavoidable Damages be Determined on a Case-by-Case Basis? [Life Sciences Alert!]

      February 09, 2011

      MORE


      Adverse Incident Reports: How Many Is Too Many? [Life Sciences Alert]

      January 18, 2011

      MORE


      The Difficulty in Certifying a Class Action Against Drug Companies [Life Sciences Alert!]

      November 01, 2010

      MORE


      Investigational Devices and the Defenses that Protect Them [Cozen O'Connor Paper]

      October 22, 2010

      MORE


      Cozen O'Connor Webinar [Smoothing the Wrinkles of Off-Label Promotion: Allergan's Preemptive Strike Against the FDA]

      September 09, 2010

      MORE


      Dram Shop Liability: The Exposure is Greater Than You Think [Cozen O'Connor Whitepaper]

      May 06, 2010

      MORE


      Before Facing a Lawsuit: What Every Establishment Needs to Know [Cozen O'Connor Presentation]

      September 07, 2009

      MORE


      Top Ten Things You Need To Know To Successfully Defend a Complex Product Liability Case [Cozen O'Connor Presentation]

      September 01, 2009

      MORE


      2009 Property Insurance Directory [Global Insurance Group]

      May 01, 2009

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      Commentary: The Flight to Access [Risk & Insurance]

      April 01, 2009

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      PREEMPTION IS NOT DEAD: A Fresh Look at Wyeth v. Levine in Context [Cozen O'Connor Whitepaper]

      April 01, 2009

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      PCA: Product Recall Dos And Don’ts [Law360]

      February 27, 2009

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      Flying Through Squabbles of the Turbulent [Risk and Insurance Online]

      January 01, 2009

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      Northern District of California Concludes Complaint Potentially Seeks Damages... [Insurance Coverage Alert!]

      November 24, 2008

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      Georgia Court of Appeals Applies Exclusion M to Contaminated Bread Claims [Insurance Coverage Alert!]

      November 21, 2008

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      The Admissibility of Other Incidents in Aviation Products Liability Cases [International Association of Defense Counsel]

      November 01, 2008

      MORE


      The Increase In Deceptive Trade Practices Claims [Law 360]

      October 07, 2008

      MORE


      Irradiation of Iceberg Lettuce and Spinach: Has It Gone Far Enough? [freshcut.com]

      October 01, 2008

      MORE


      International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens [The Federal Lawyer]

      October 01, 2008

      MORE


      The Shadow Knows No Bounds [Risk & Insurance]

      September 01, 2008

      MORE


      The United States and the European Union in International Aviation [The Federal Lawyer]

      August 01, 2008

      MORE


      Recipe for Disaster [BEST'S REVIEW]

      July 01, 2008

      MORE


      Global Losses From Tomatoes Likely Pricey [Best Week]

      June 16, 2008

      MORE


      The ChemNutra Indictment: A Sign of Things to Come? [FoodProductDesign.com]

      June 10, 2008

      MORE


      The Aviation Industry: Storm Clouds In Sight [The Metropolitan Corporate Counsel]

      June 01, 2008

      MORE

      Events & Seminars

      There are no UPCOMING EVENTS at this time. Please try back at a later time.

      In The News


      Cozen O’Connor Life Sciences Team Secures Summary Judgment for Global Medical Device Manufacturer

      April 17, 2013

      MORE


      Jim Heller Discusses the Consumer Product Safety Improvement Act in Inside Counsel

      January 17, 2013

      MORE

      Related Practice Areas

      Aviation

      Litigation

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