Product Liability

Related Professionals

Overview

They have routinely been involved in some of the most significant cases and bring that expertise to the table on all matters. - The Legal 500 United States

Kirkland is fearless.

Kirkland works with clients to defend and win product liability and mass-tort actions — ranging from high-stakes individual personal-injury trials to sprawling nationwide bet-the-company federal MDL or consolidated state cases involving thousands of claims. Kirkland welcomes and wins the most challenging products cases, including those brought in difficult circumstances following extensive media coverage of product recalls, regulatory fines, and white-collar investigations. 

Time and time again, Kirkland has successfully defended cases turning on complex technical and scientific issues, including cases involving the pharmaceuticals, medical devices, automotive products, tobacco products, asbestos, and chemical industries, among others. Kirkland understands the complexities of product liability because our lawyers have been making the law—setting precedent in the highest profile cases—for the better part of a century.

We succeed at all stages of litigation, including pretrial dismissals, trial verdicts, and post-trial briefing and appeals. Drawing on a deep bench of world-class trial lawyers, Kirkland is unafraid to try and win the cases believed to be unwinnable — and our opponents know it. Our clients frequently leverage Kirkland’s aggressive approach and trial record to secure favorable resolution of massive products litigations and related massive RICO and consumer-fraud class actions and governmental investigations. We carefully work with our clients to fashion a litigation strategy that comprehends and positions our clients for successful resolution of product liability and related components of today’s high stakes complex litigation.

Experience

Fong, et al. v. Imerys Talc America, Inc., et al. (Cal. Super. Ct.)
Defended Johnson & Johnson and its subsidiary, Johnson & Johnson Consumer Inc., in a product liability action alleging that Johnson & Johnson’s Baby Powder caused the plaintiff to develop malignant mesothelioma. Kirkland won dismissal of fraud claims. Achieved a complete defense verdict following a 10-week jury trial.

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.
Gerringer, et al. v. Eli Lilly (Ind. Cir. Ct.)
Represented Eli Lilly in personal injury litigation concerning Lilly’s medication Taltz®, a drug used to treat moderate to severe psoriasis. Kirkland won dismissal of manufacturing defect, design defect and loss of consortium claims. Settlement achieved.
In re Oral Phenylephrine Marketing and Sales Practices Litigation, MDL 3089 (E.D.N.Y.; 2d Cir.)
Representing Haleon US 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.
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.
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 General Motors LLC Ignition Switch Litigation, MDL 2543 (S.D.N.Y.; Bankr. S.D.N.Y.; Tex. Dist. Ct.; 2d Cir.)
Represented General Motors LLC (GM) in federal and state multidistrict litigation involving personal injury cases, putative consumer-fraud class actions and related bankruptcy proceedings arising from ignition switch recalls. Kirkland achieved a string of victories for GM in these cases, including securing defense verdicts in three bellwether trials and winning summary judgment and Daubert motions leading to dismissals of hundreds of personal injury claims. Kirkland secured a number of material, precedent setting wins, enabling GM to reach a global comprehensive settlement of all class claims for less than a fraction of 1% of the plaintiffs’ claimed compensatory economic loss damages. Kirkland secured summary judgment for GM in the last remaining case of the MDL.
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.

Tier 1 Product Liability

Benchmark Litigation, 2024

World-Scale Matters

Our team has handled some of the largest investigations, criminal matters and civil proceedings in history

Product Liability: Automobile - Tier 1

Chambers USA, 2023

Practices