John K. Crisham - Partner

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John K. Crisham

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Washington, D.C.
Phone: +1 202-879-5942
Fax: +1 202-879-5200
Overview News

Professional Profile

John Crisham is a partner in Kirkland's Washington, D.C. office. His practice focuses on complex civil litigation, products-liability litigation, appellate litigation, and regulatory litigation. John has experience with all aspects of civil litigation, from discovery, to dispositive motions practice and argument, to pre- and post-trial briefing and argument, and to appeal. John also maintains a regulatory litigation practice, particularly before FDA and in FDA-related litigation in the courts.

Representative Matters

Mutual Pharm. Co. v. Bartlett, 133 S. Ct. 2466 (2013): secured U.S. Supreme Court decision holding that the Hatch-Waxman Act preempts state-law tort claims targeting the design/composition of generic drug products.

PLIVA, Inc. v. Mensing, 131 S. Ct. 2567 (2011): secured U.S. Supreme Court decision holding that the Hatch-Waxman Act preempts state-law tort claims challenging generic product warnings.

Susan B. Anthony List, et al. v. Driehaus, et al., No. 13-193 (S. Ct. 2014 Term): amicus counsel for the Foundation for Individual Rights in Education in case involving the appropriate ripeness standard for First Amendment pre-enforcement challenges.

Drager v. PLIVA USA, Inc., 741 F.3d 470 (4th Cir. 2014): successfully defended district court’s holding that plaintiffs’ state-law negligence, strict liability, breach of warranty, and misrepresentation and fraud claims all are preempted by federal law.

Wells v. Allergan USA, Inc., et al., 2014 WL 117773 (D.S.C. Jan. 13, 2014): secured dismissal of various state-law tort claims asserted against Class III medical device manufacturer as preempted by the Medical Device Amendments to the Food, Drug & Cosmetics Act.

Henderson v. Palmer, 730 F.3d 554 (6th Cir. 2013): on behalf of pro bono client, secured reversal of district court's denial of habeas corpus petition, allowing client to assert his claims on the merits in the district court.

Jones v. Abbott Laboratories, M2013-769-SC-R23-CQ (Tenn. 2013): secured Tennessee Supreme Court decision denying certified question appeal from a federal district court on the existence of the learned-intermediary doctrine in Tennessee.

Washington v. Medicis Pharms. Corp., 2013 WL 496063 (S.D. Miss. Feb. 7, 2013): on behalf of manufacturer of generic drug product, secured dismissal of various state-law tort claims premised on “innovator liability” theory.

Mylan Pharms., Inc. v. Sebelius, 856 F. Supp. 2d 196 (D.D.C. 2012): successfully defended FDA decision awarding client 180-day exclusivity for sales of generic modafinil (Provigil®).

Cook v. Rockwell Int'l Corp., 618 F.3d 1127 (10th Cir. 2010): secured reversal of $926 million judgment in favor of plaintiff class in nuclear environmental contamination case on a variety of grounds, including erroneous interpretation of the federal Price-Anderson Act establishing claims for nuclear-related liability, erroneous approach to preemption of state law by federal nuclear safety standards, and erroneous interpretation of the Colorado common law of trespass and nuisance.

United States v. Philip Morris USA, Inc., et al., 566 F.3d 1095 (D.C. Cir. 2009): secured reversal and remand of client-specific rulings made by district court in $280 billion RICO/health care recovery action brought by the Department of Justice.

Secured dismissals of over a dozen state and federal cases at the motion-to-dismiss and summary-judgment stages on federal preemption grounds on behalf of Teva Pharmaceuticals USA, Inc., Ranbaxy Laboratories, Baxter Healthcare Corporation and other prescription-drug manufacturers.

Counsel for ConocoPhillips Company in case involving forum non conveniens questions regarding claims alleging personal injuries on oil rigs and platforms in the North Sea.

Counsel for Teva Pharmaceuticals and related entities in nationwide products-liability litigation involving "unapproved" drugs.

Counsel for Teva Pharmaceuticals and related entities in complex multidistrict commercial litigation involving more than 20 cases brought by state Attorneys General alleging Medicaid/Medicare fraud and unfair competition based on purported inflation of published drug prices (AWP/WAC).

Counsel for Baxter International and Teva Pharmaceuticals in major product-liability litigation involving anesthesia product.


Courts

U.S. Supreme Court

U.S. Court of Appeals for the Third Circuit

U.S. Court of Appeals for the Fourth Circuit

U.S. Court of Appeals for the Sixth Circuit

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Tenth Circuit

U.S. Court of Appeals for the D.C. Circuit

U.S. Court of Appeals for the Federal Circuit

U.S. District Court for the District of Columbia

D.C. Court of Appeals

© 2014 Kirkland & Ellis LLP