Product Liability
Related ProfessionalsOverview
The firm provides a highly strategic approach on product liability litigation. - The Legal 500 United States
Positioning Clients for Success in Complex Mass Tort and Product Liability Cases
Kirkland is fearless. Our Product Liability Practice Group defends and wins the highest-stakes matters, from individual personal injury trials to sprawling federal MDLs and coordinated state proceedings involving thousands of claims. We thrive in the most challenging circumstances, including cases following extensive media coverage, product recalls, regulatory fines, congressional inquiries and parallel white-collar matters.
We understand that enterprise-threatening litigation is not won solely in the courtroom, but also in the court of public opinion and in every strategic step between filing and appeal. Our team includes some of the nation’s most seasoned MDL and coordinated proceeding practitioners in the country, deeply immersed in theme development, venue selection, foundational orders, case management, witness preparation, expert challenges and media strategy.
Kirkland’s deep bench of widely recognized trial lawyers has a long record of prevailing in cases that turn on complex technical and scientific issues across industries such as pharmaceuticals, medical devices, automotive, tobacco, asbestos and chemicals. Drawing on more than a century of precedent-setting results, we succeed at all stages of litigation, from pretrial dismissals to trial verdicts, post-trial motions and appeals.
Kirkland is unafraid to try and win the cases believed to be unwinnable, and our opponents know it. Our clients frequently leverage Kirkland’s approach and trial record to secure favorable resolution of massive products litigations, their related RICO and consumer-fraud class actions and governmental investigations. With 360-degree strategic planning, elite practitioners and cutting-edge technology, Kirkland sets the standard for defending bet-the-company mass tort and product liability cases.
Experience
Social Media / Technology (Tech Torts)
In re Social Media Adolescent Addiction/Personal Injury Products Liability Litigation, MDL 3047 (N.D. Cal.); Social Media Cases, JCCP 5255 (Cal. Super. Ct.)
Representing Snap Inc. in federal multidistrict litigation proceedings and California state coordinated proceedings involving alleged social media addiction and its purported impact on individual plaintiffs and school districts. Representation ongoing.
In re Uber Technologies, Inc., Passenger Sexual Assault Litigation, MDL 3084 (N.D. Cal.); In re Uber Rideshare Litigation, JCCP 5188 (Cal. Super. Ct.)
Lead counsel for Uber in nationwide mass tort including federal multidistrict litigation and California state coordinated proceedings alleging Uber failed to implement appropriate safety precautions to protect passengers against risk of sexual assault or misconduct by drivers. Representation ongoing.
Pharmaceuticals and Medical Devices
In re Acetaminophen – ASD/ADHD Products Liability Litigation, MDL 3043 (S.D.N.Y.); Davey v. Johnson & Johnson Consumer, Inc., et al. (Cal. Super. Ct.)
Representing multiple parties including Johnson & Johnson in multidistrict and state court litigation alleging personal injuries from maternal use of Tylenol during pregnancy, in which the federal court excluded all of plaintiffs’ experts under Daubert. Kirkland secured summary judgment in full in state court on similar grounds (plaintiffs’ theory lacks scientific support). Representation ongoing.
In re Oral Phenylephrine Marketing and Sales Practices Litigation, MDL 3089 (E.D.N.Y.; 2d Cir.)
Representing Haleon U.S. Holdings LLC in industry-wide multidistrict litigation asserting consumer fraud claims relating to sale of over-the-counter cold medicine that contains phenylephrine, a nasal decongestant. Kirkland led the joint defense effort with respect to the motion to dismiss briefing and argument, leading to the Court’s dismissal of all claims on preemption and standing grounds. Pending appeal.
Pelvic Mesh Litigation
Representing Ethicon, Inc. and Johnson & Johnson in product liability litigation concerning pelvic mesh. Kirkland attorneys have helped to secure defense verdicts in each of the eight most recent jury trials. Kirkland continues to serve as trial counsel in this litigation, including two upcoming trials in 2026, as well as strategic expert and company witness work up.
In re Exactech Polyethylene Orthopedic Products Liability Litigation, MDL 3044 (E.D.N.Y.)
Represented TPG Inc. and its affiliates in multidistrict mass tort product liability litigation alleging TPG portfolio company, Exactech, designed and manufactured defective knee, hip and ankle implants. Plaintiffs tagged TPG into the case on indirect liability theories of veil-piercing and successor liability. Kirkland secured a significant victory for TPG and its affiliates, winning dismissal of 160+ cases against TPG.
In re Elmiron (Pentosan Polysulfate Sodium) Products Liability Litigation, MDL 2973 (D.N.J.)
Lead Defense Counsel and National Coordinating Counsel to Janssen Pharmaceuticals in multidistrict litigation alleging that long-term use of the prescription drug Elmiron® results in unique vision-related issues. Oversaw the strategic development of all aspects of the cases and responsible for coordination across multiple jurisdictions. Representation ongoing.
Martin, et al. v. Actavis, Inc., et al. (N.D. Ill.; 7th Cir.)
Represented Actavis, Inc. (n/k/a Allergan) and certain of its affiliates in litigation concerning allegations of injuries regarding Androderm®, a testosterone replacement therapy (TRT) drug. After less than one hour of deliberation, a seven-person jury returned a unanimous defense verdict for Actavis following a two-week trial. Kirkland later defeated plaintiff's motion for a new trial. Verdict affirmed on appeal with costs.
Consumer Products
In re Johnson & Johnson Talcum Powder Products Marketing, Sales Practices and Products Liability Litigation, MDL 2738 (D.N.J.)
Representing Johnson & Johnson in multidistrict litigation in New Jersey federal court as well as numerous state court coordinated matters totaling over 65,000 plaintiffs alleging they contracted ovarian cancer from exposure to Johnson’s Baby Powder. Representation has covered case work up, trials, appeals, interaction with federal agencies, congressional hearings and media appearances. Following a two-week Daubert general causation hearing, the court denied all of the plaintiffs’ challenges to Johnson & Johnson’s experts and excluded significant proffered testimony from two of the plaintiffs’ experts. Representation ongoing.
VanCleave, et al. v. Abbott Laboratories (Cal. Sup. Ct.)
Represented Abbott in putative class action challenging Abbott’s labeling statements on its PediaSure products. Kirkland defeated class certification and secured a full defense verdict after a four-week trial.
Martinez v. Kraft Heinz Company, Inc., et al. (E.D. Pa.)
Counsel for Mondelez International, Inc. in litigation alleging ultra-processed foods have caused an explosion in obesity, diabetes and other chronic illnesses. Ongoing.
In re 3M Combat Arms Earplug Products Liability Litigation, MDL 2885 (N.D. Fla.; 11th Cir.)
Representing 3M Company and its subsidiary Aearo Technologies in products liability litigation concerning 3M’s allegedly defective dual-ended Combat Arms Earplugs™ version 2 (CAEv2). To date, thousands of actions have been filed related to the product throughout the United States in both federal and state courts. Kirkland has secured six complete defense verdicts for 3M.
In re Juul Labs, Inc., Marketing, Sales Practices and Products Liability Litigation, MDL 2913 (N.D. Cal.; 9th Cir.)
Trial counsel and co-lead defense liaison counsel in MDL and related state cases brought by consumers, schools, attorneys general and municipalities alleging personal injury and economic damages related to e-cigarette product and marketing. Filed successful Rule 23(f) petition for review of an order certifying two economic-harm classes made up of consumers who used Juul’s products. Parties entered into a global settlement shortly after the 9th Circuit agreed to review the certification order.
Environmental
PFAS Litigation Advice (Various)
Advising DuPont in personal injury and environmental contamination lawsuits related to PFAS, including acting as settlement counsel for DuPont in the aqueous film forming foams (AFFF) South Carolina MDL. DuPont secured a $1.1 billion settlement agreement resolving all claims brought by public water systems serving the majority of the U.S. population.
Plastics Industry Litigation and Investigation
National lead counsel to a major petrochemical company in connection with civil litigation and related government inquiries into the recyclability of plastic waste. These claims, which generally allege that the industry misled consumers and policy makers by promoting recycling as a false solution to waste management, involve complex legal and scientific issues set against a backdrop of decades of evolving historical conduct. The pending litigation includes a purported nationwide class action alleging claims under federal antitrust and state consumer fraud, nuisance, trespass and product liability law.
1,4-Dioxane Product Liability Litigation
Kirkland is Dow’s national counsel in litigation over the alleged presence of 1,4-dioxane in groundwater. Drawing on decades of experience in products-related environmental claims, Kirkland has directed the development of the company’s legal, factual and scientific defenses in over thirty separate cases across multiple jurisdictions alleging negligence, strict liability, nuisance and trespass claims as well as state-wide claims for natural resource damages. Kirkland oversees all aspects of the docket and will serve as trial counsel when the lead action is set for trial.
Dorsey, et al. v. Eastman Chemical Co. (E.D. Tex.)
Representing Eastman Chemical Company in litigation brought by plaintiffs alleging personal injuries from exposure to ethylene oxide (EtO) emissions from Eastman's facility in Longview, Texas.
Union Carbide Asbestos Litigation (Various)
For over 20 years, members of the Kirkland team have served as National Coordinating Counsel and Trial Counsel for the only domestic supplier of chrysotile asbestos in the sprawling national asbestos litigation. UCC sees well over 10,000 new claims filed each year in every state and territory in the country. Our team handles the strategic work up of the cases from filing to trial to appeal, including factual investigation, expert development, theme testing, settlement negotiation and everything in between.
Band 1 Product Liability & Mass Torts: The Elite
Chambers USA, 2025
Tier 1 Product Liability, Mass Tort and Class Action - Defense: Pharmaceuticals and Medical Devices
The Legal 500 United States, 2025
Tier 1 Product Liability
Benchmark Litigation, 2025