Product Liability & Legacy Litigation

We are proud to have been named for 2017 "One of the Best Law Firms" for Mass Tort Litigation/Class Actions - Defendants by U.S. News & World Report and Best Lawyers for both the National and Metropolitan (Chicago) categories. Many of our clients sell products or use machines, and on occasion, people are hurt.  There is a massive industry—the plaintiffs’ bar—whose mission is to turn these injuries, big or small, into high-stakes lawsuits.  With the intrusiveness of the discovery of electronically stored information, and the overall disruptiveness a lawsuit can have on business operations, many clients are not comfortable using the lawyers engaged by their insurance company.  We’ve worked with a lot of these lawyers over the years—it’s no wonder our clients occasionally worry.

We have and currently serve as National Trial Counsel for manufacturers.  We represent clients in repetitive cases (same product injuring different plaintiffs) or even single cases (a one-time injury).  We represent clients who only recently sold the product that is the subject of the suit, as well as clients who sold the product decades ago.

We represent clients coast to coast, in both state and federal court.  We’ve prevailed many times on summary judgment and at trial.  And we’ve settled early and cheaply (or obtained dismissals for no payment at all) when doing so was the right strategic move for the client.

Many companies these days face a new hurdle—the issue of a liability for a business long ago sold off.  Or maybe not so long ago, but perhaps the allocation of liability was not the focus of the contract drafters’ attention. Or maybe the ownership of insurance rights was not addressed.  In any event, these “legacy liabilities” often raise a bevy of issues that are not common in other cases.  We’ve been handling corporate structure issues for years and appreciate the nuances of stock deals or asset purchases, of indemnity agreements and the uncertainties regarding insurance allocation.

As with all our other work, we handle product liability and legacy litigation using a variety of fee arrangements.  Click here for a list of representative cases using various fee arrangements.