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.
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.
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.
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.
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.
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.
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.
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.
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.
Vibo Corp. v. Conway: Represented tobacco manufacturer defending antitrust and constitutional challenge to the Master Settlement Agreement. Case dismissed.
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.
Asbestos Litigation: Represented several companies facing nationwide asbestos-related liability both inside and outside Chapter 11, resulting in successful reorganizations.
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.
Tobacco Cost Recovery Litigation: Represented tobacco company in cases brought by state governments, asbestos companies and unions seeking health care cost recovery. Cases settled and/or client dismissed from the litigation.
Rohm and Haas Co. v. The Dow Chemical Co.: Represented chemical manufacturer in defense of action seeking specific performance of merger agreement. Case settled.
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.
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.
Selbst v. McDonald’s Corp.: Represented corporation defending lawsuit alleging various violations of the securities laws. 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.
In re UAL Corp.: Trial counsel in Chapter 11 proceedings on behalf of debtor airline. Successfully reduced creditor’s claim by approximately $700 million.
C&F Packing Co., Inc. v. Pizza Hut, Inc.: Represented company in litigation brought by former supplier alleging misappropriation of trade secrets. Case settled.
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.
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.
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
'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 (forthcoming 2010)
The Evolution of a New Pleading Standard: Ashcroft v. Iqbal, 88 Oregon Law Review (forthcoming 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)
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