Professional ProfileDoug Smith has litigated cases at both the trial and appellate stage in state and federal courts throughout the country, including commercial, mass tort, product liability, securities, bankruptcy, environmental, and intellectual property cases. He is a member of the American Law Institute and has published on a wide variety of legal topics.
In re Heparin Products Liability Litigation, MDL 1953: Trial counsel for pharmaceutical manufacturer in Daubert proceedings involving anticoagulant drug. Summary judgment granted in favor of defendant manufacturer on several categories of claims.
Calisi v. Abbott Laboratories: Represented pharmaceutical company in litigation alleging product caused lymphoma. Summary judgment granted in favor of defendant manufacturer along with companion Daubert motion seeking exclusion of opinions of plaintiffs’ warnings expert.
Kelly v. Boehringer Ingelheim Pharmaceuticals, Inc.: Represented pharmaceutical manufacturer in case alleging diabetes medicine caused pancreatic cancer. Case voluntarily dismissed after motion filed.
In re Meridia Products Liability Litigation, MDL 1481: National counsel in successful defense of product liability litigation involving anti-obesity medication. Summary judgment granted on all claims.
United States v. Philip Morris USA: National counsel to defendant holding company in RICO action brought by Department of Justice seeking billions of dollars from various tobacco manufacturers. Successfully negotiated voluntary dismissal of client from the litigation.
State Attorney General Tobacco Cost Recovery Litigation: Represented tobacco company in cases brought by state governments seeking health care cost recovery. Cases settled and/or client dismissed from the litigation.
American Automobile Insurance Co. v. Omegaflex, Inc.: Defended manufacturer in action alleging that its corrugated stainless steel tubing was defective and caused house fire. Court granted partial summary judgment and partially excluded plaintiff's expert testimony. Case subsequently tried to defense verdict.
Falise v. American Tobacco Co.: Represented tobacco manufacturer in case brought by asbestos trust seeking cost recovery. Case resulted in mistrial and was subsequently dismissed.
IBM v. Indiana: Trial counsel for IBM in contract dispute with the State of Indiana. After a six-week bench trial, the Court dismissed all claims brought against IBM by the State, including the State's claim for more than $1.3 billion in damages, and awarding IBM approximately $62 million in termination payments and prejudgment interest.
MSA Diligent Enforcement Dispute: National counsel in litigation brought by tobacco company against state governments regarding more than $1 billion in payments under the Master Settlement Agreement. Successfully obtained rulings compelling arbitration of dispute in over 40 trial courts and successfully defended rulings on appeal.
Rohm & Haas v. Dow Chemical Co.: Represented Dow in lawsuit filed in Delaware Chancery court alleging that Dow breached merger agreement to acquire Rohm and Haas for $15 billion in cash plus other consideration. Case settled.
State of Texas v. American Tobacco: Trial and appellate counsel defending tobacco company in dispute over settlement agreement brought by the State of Texas seeking to block pending merger. Case decided by trial court in favor of defendant after evidentiary hearing. Decision affirmed on appeal.
Vibo Corp. v. Conway: Represented tobacco manufacturer defending antitrust and constitutional challenge to the Master Settlement Agreement. Case dismissed.
Texas Exploration and Production, Inc. v. Amclyde Engineered Products Co.: Represented defendant contractor in lawsuit seeking compensation for oil drilling equipment lost in maritime accident. Case dismissed.
In re Conseco Life Insurance Cost of Insurance Litigation, MDL 1610: Represented insurance company in multidistrict class action litigation brought by policyholders regarding increase in insurance premiums. Case settled.
Citgo Petroleum Corp. et al. v. McDermott International, Inc. et al. Represented corporation in appeal regarding contractual indemnification in Illinois Court of Appeals.
Laborers’ International Union Local No. 44 v. Ameritech Corp. Represented telephone company in consumer fraud class action brought in Illinois state court regarding alleged overbilling.
In re City of Detroit: Trial Counsel to Syncora Holdings Ltd. and certain of its subsidiaries in connection with the City of Detroit’s Chapter 9 case, the largest-ever municipal bankruptcy filing. Syncora, through subsidiaries, insured or held a substantial amount of the City of Detroit’s municipal finance debt obligations. After more than a year of vigorous litigation regarding multiple elements of Detroit’s bankruptcy filing and proposed plan of adjustment, Syncora and Detroit entered into an innovative settlement that resolved all outstanding issues between the parties, delivered substantial value to Syncora and its subsidiaries, and created the foundation for Syncora’s long-term partnership with and real-estate development and other investment in Detroit.
In re Dow Corning Corp.: Appellate counsel for breast implant manufacturer in appeals defending various rulings regarding payments made under manufacturer’s Chapter 11 plan of reorganization.
In re W.R. Grace & Co: Represented manufacturer facing nationwide asbestos-related liability both inside Chapter 11, resulting in successful reorganizations.
In re Babcock & Wilcox Co.: Represented boiler manufacturer in Chapter 11 reorganization involving asbestos claims, resulting in successful reorganization.
In re Federal-Mogul Global, Inc.: Represented automobile manufacturers seeking to transfer asbestos-related claims to Federal-Mogul Chapter 11 proceedings.
In re UAL Corp.: Trial counsel in Chapter 11 proceedings on behalf of debtor airline. Successfully reduced creditor’s claim by approximately $700 million.
Henry v. The Dow Chemical Co.: Represent chemical manufacturer defending property damage claims relating to release of dioxin from manufacturing facility.
Hanford Nuclear Weapons Plant Litigation: Represented contractors involved in building and operating nuclear weapons facilities in successful defense of actions alleging exposure to nuclear waste materials and other toxic substances. Claims tried to mixed verdict.
Oak Ridge Nuclear Weapons Plant Litigation: Represented defendant contractors in litigation regarding alleged injuries due to waste materials from nuclear weapons facility. Summary judgment granted in favor of defendant.
Securities and ERISA
Selbst v. McDonald’s Corp.: Represented corporation defending lawsuit alleging various violations of the securities laws. Case dismissed.
Pender v. Bank of America Corp.: Represented accounting firm defending claims that cash balance pension violated Employee Retirement Income Security Act. Motion to dismiss granted on all claims.
SEC v. Morgan Stanley & Co.: Represented investment bank in dispute with regulators regarding alleged research analyst conflicts of interest. Settlement reached.
C&F Packing Co., Inc. v. Pizza Hut, Inc.: Represented company in litigation brought by former supplier alleging misappropriation of trade secrets. Case settled.
Constitutional And Other Litigation
Chicago Pension Litigation:Represent City of Chicago in defense of litigation challenging the constitutionality of pension reform legislation.
Prisoner Commutation Litigation: Represented Governor of Illinois in successful defense of action brought by the Illinois Attorney General seeking to void commutation orders issued by former Illinois Governor George Ryan. Commutations affirmed by the Illinois Supreme Court.
Cuno v. DaimlerChrysler Corp. et al.: Filed amicus brief in the Supreme Court of the United States on behalf of organization supporting the constitutionality of Ohio business tax credit.
City of Norwood v. Horney et al.: Filed amicus brief in the Ohio Supreme Court on behalf of organization challenging city’s use of its eminent domain power.
American Trucking Associations, Inc., et al. v. Michigan Public Service Commission, et al.: Filed amicus brief in the Supreme Court of the United States challenging regulation that imposed fee on vehicles conducting intrastate operations as a violation of the Commerce Clause.
In re African-American Slave Descendants’ Litigation, MDL 1491: Represented client defending class action claims for slavery reparations. Summary judgment granted in favor of client.
DAG Petroleum Suppliers LLC v. BP p.l.c. and BP Products North America Inc.: Represented corporation defending lawsuit alleging racial discrimination in sale of gasoline service stations. Summary judgment granted as to all claims.
Pro bono criminal and civil appeals: Represented multiple criminal defendants and civil plaintiffs on a pro bono basis in appeals before the Sixth, Seventh and Ninth Circuits.
Merkos L’Inyonei Chinuch, Inc. v. Otsar Sifrei Lubavitch, Inc.: Represented client in copyright dispute involving religious texts. Case settled.
Member, American Law Institute
Adjunct Scholar, American Enterprise Institute
in Residence, Loyola University Chicago School of Law (2009)
Courses taught: mass torts
Professor, George Mason University School of Law (2008)
Courses taught: civil procedure
Scientific Evidence, Litigation Practice Series (Bloomberg BNA forthcoming 2015)
New Jersey Trial Court Ruling in Accutane: Another Example of Science Driving Outcomes in Pharmaceutical Litigation, 43 Product Safety & Liability Reporter (Mar. 23, 2015)
Another Expansion in Federal Jurisdiction: The Supreme Court’s Decision in Dart Cherokee Basin Operation Co. v. Owens, 16 Class 172 (Feb. 13, 2015)
The Eleventh Circuit Ruling in Adinolfe v. United Technologies and the Use of Lone Pine Orders Before Federal Rule 12(b)(6) Motions to Dismiss, 14 Expert Evidence Report 576 (Dec. 22, 2014)
Eleventh Circuit Ruling in Adams Sounds a Cautionary Note Concerning Use of Industry Standards Under Rule 702 and Daubert, 14 Expert Evidence Report 482 (Oct. 20, 2014)
After Comcast: Class Certification in the Federal Appellate Courts, In-House Defense Quarterly 42 (Summer 2014)
'Daubert' Challenges at the Class Certification Stage: Another Hurdle, New York Law Journal (2014)
Review of Calvin H. Johnson, Righteous Anger At The Wicked States: The Meaning of the Founders' Constitution, 52 American Journal of Legal History 393 (2012)
The Proper Remedy for a Lack of Batson Findings: The Fall-Out From Snyder v. Louisiana, 101 Journal of Criminal Law & Criminology 1 (2011)
The Intersection of Constitutional Law and Civil Procedure: Review of Wholesale Justice—Constitutional Democracy and the Problem of the Class Action Lawsuit, 104 Northwestern University Law Review (2010)
The Evolution of a New Pleading Standard: Ashcroft v. Iqbal, 88 Oregon Law Review 1053 (2010)
Preemption After Wyeth v. Levine, 70 Ohio State Law Journal 1435 (2009)
An Administrative Approach to the Resolution of Mass Torts?, 2009 University of Illinois Law Review 895 (2009)
The Twombly Revolution?, 36 Pepperdine Law Review 1063 (2009)
Resolution of Mass Tort Claims in the Bankruptcy System, 41 U.C. Davis Law Review 1613 (2008)
A Federalism-Based Rationale for Limited Liability, 60 Alabama Law Review 649 (2009)
The Constitutionality of Civil Commitment and the Adequacy of Treatment, 49 Boston College Law Review 1383 (2008)
Piercing the Corporate Veil in Regulated Industries, 2008 Brigham Young University Law Review 1165
The Second Amendment and the Supreme Court, 6 Georgetown Journal of Law & Public Policy 591 (2008)
The Constitutionality of Religious Symbolism After McCreary and Van Orden, Texas Review of Law and Politics 93 (2007)
Does the Constitution Embody A "Presumption of Liberty"?, 2005 University of Illinois Law Review 319 (2005)
Originalism and the Affirmative Action Decisions, 55 Case Western Law Review 1 (2004)
Interstate Commerce and the Principles of the Law of Nations, 2004 Utah Law Review 111
The Establishment Clause: A Corollary of Eighteenth Century Corporate Law?, 98 Northwestern University Law Review 239 (2003)
Rule of Lawyers or Rule of Law?, 1 Georgetown Journal of Law & Public Policy 327 (2003)
The Politics of Separation: Review of Philip Hamburger's "Separation of Church and State," 36 U.C. Davis Law Review 967 (2003)
Thomas Jefferson's Retrospective on the Establishment Clause, 26 Harvard Journal of Law & Public Policy 369 (2003)
Robert Nagel's Bleak Vision and the "Implosion" of American Federalism, 12 Cornell Journal of Law & Public Policy 203 (2002)
A Lockean Analysis of Section One of the Fourteenth Amendment, 25 Harvard Journal of Law & Public Policy 1095 (2002)
The Role of the Courts in Shaping American Bankruptcy Law: Review of "Debt's Dominion-A History of Bankruptcy Law in America," 33 Seton Hall Law Review 109 (2002)
Application of Patent Law Damages Analysis to Trade Secret Misappropriation Claims: Apportionment, Alternatives, and Other Common Limitations on Damages, 25 Seattle University Law Review 821 (2002)
Separation of Powers and the Constitutional Text, 28 Northern Kentucky Law Review 595 (2001)
A Return to First Principles?: Saenz v. Roe and the Privileges or Immunities Clause, 2000 Utah Law Review 305
Reconstruction or Reaffirmation?: Review of "The Bill of Rights: Creation and Reconstruction," 8 George Mason Law Review 167 (1999)
Fundamental Rights and the Fourteenth Amendment: The Nineteenth Century Understanding of "Higher" Law, 3 Texas Review of Law & Politics 225 (1999)
Natural Law, Article IV, and Section One of the Fourteenth Amendment, 47 American University Law Review 351 (1997)
The Venture Capital Company: A Contractarian Rebuttal to the Political Theory of American Corporate Finance?, 65 Tennessee Law Review 79 (1997)
The Privileges and Immunities Clause of Article IV Section 2: Precursor of Section One of the Fourteenth Amendment, 34 San Diego Law Review 809 (1997)
Structural and Functional Aspects of the Jury: Comparative Analysis and Proposals for Reform, 48 Alabama Law Review 441 (1997)
An Analysis of Two Federal Structures: The Articles of Confederation and the Constitution, 34 San Diego Law Review 249 (1997)
Citizenship and the Fourteenth Amendment, 34 San Diego Law Review 681 (1997)
The Historical and Constitutional Contexts of Jury Reform, 25 Hofstra Law Review 377 (1996)
A Comparative Analysis of the Proxy Machinery in Germany, Japan, and the United States: Implications for the Political Theory of American Corporate Finance, 58 University of Pittsburgh Law Review 145 (1996)
The Intracorporate Conspiracy Doctrine and 42 U.S.C. § 1985(3): The Original Intent, 90 Northwestern University Law Review 1125 (1996)
Detroit CFO: Bankruptcy Plan Feasible, But Difficult, The Bond Buyer, Sept. 8, 2014
Detroit CFO Sees Tough Climb To Meet Revenue Targets, Reuters, Sept. 4, 2014
Detroit CFO Says Debt Plan Needed to Fund New Spending, Bloomberg, Sept. 4, 2014
Detroit Ch. 9 Plan Will Boost Economy, Tax Expert Says, Law360, Aug. 18, 2014
Detroit Witness Defends Tax Estimates Behind Debt Plan, Bloomberg Businessweek, Aug. 18, 2014
Expert Predicts Detroit Income Tax Collection Rates to Increase Under Plan, Detroit Free Press, Aug. 8, 2014
IBM Defeats Ind.'s Claims It Lied About $1.4B Project , Law360, March 26, 2012
Kirkland & Ellis Files Dow's Response to Rohm and Haas Suit, The Am Law Litigation Daily, Feb. 4, 2009
U.S. Supreme Court
U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth, Ninth, and D.C. Circuits
U.S. District Court for the District of Columbia, Northern District of Illinois, and Eastern District of Wisconsin