Product Liability Representative Experience

Manufacturing

Routinely counsel a motorcycle manufacturer and distributor regarding warranty campaigns, recalls, and related matters, including negotiations with suppliers, risk assessments, and defending against third-party product liability claims.
Represented a window and door manufacturer against class claims of deceptive practices and product defects.
Represented a diesel engine manufacturer in the defense of multiple nationwide class actions over diesel exhaust. Foley was coordinating counsel for these actions along with related actions in Canada.
Represented a manufacturer of gas absorption refrigerators in products liability lawsuits in a series of state and federal lawsuits. Settled on favorable terms.
Select national counsel for personal injury and product liability litigation for a privately held vehicle rental, leasing, sales, and other mobility solutions company.
Lead regional counsel for product liability and commercial litigation for a Fortune 150 company that designs, manufactures, distributes, and services diesel and natural gas engines as well as engine-related component products.
Represented a manufacturer in a series of lawsuits following an explosion at a jobsite, resulting in death, severe personal injuries, and property damage. The plaintiffs filed product liability claims against our client and others in the supply chain, and sought over $400 million. The case involved highly technical questions of causation, further complicated by the age of the product at issue and deterioration of the evidence. We ultimately obtained a favorable settlement shortly before trial.
Represented a major hard drive manufacturer, located in Silicon Valley, in the defense of a consumer class action alleging defective hard drives and breach of product warranty. We defeated class certification and obtained summary judgment of dismissal in favor of the manufacturer after successfully excluding the plaintiffs’ liability expert.
Successfully represented a component manufacturer when a plaintiff filed an action against several defendants for a personal injury, allegedly caused by the design of a seat manufactured by client that was subsequently modified by another defendant and then placed in a port crane constructed by another defendant, which crane was operated by the plaintiff.
Defended a manufacturer in a significant wrongful death case involving a serious fire, obtaining dismissal with prejudice at the pleadings stage in the Eastern District of Michigan.

Life Sciences

Represented international and NYSE-listed medical device manufacturers in product liability litigation alleging claims of defective design and manufacture and failure of post-market duties to monitor and warn about serious health risks. We obtained summary judgment on federal preemption grounds and represented further on appeal.
Negotiated a favorable settlement and avoided a Texas-state court jury trial in a wrongful death matter involving an explosion of a portable medical-grade oxygen system.
Represented generic and branded pharmaceutical manufacturers in defense of product liability claims.
Represented generic and branded pharmaceutical manufacturers in defense of consumer protection actions brought by attorneys general as a follow on to individual product liability matters.
Represented a pharmaceutical company in a unique products liability matter relating to their $4 billion a year pharmaceutical product and won the summary judgment.
Represented a pharmaceutical company relating to claims of product and design defect as well as failure to warn regarding effects and efficacy of a pharmaceutical product.

Automotive Industry

Lead counsel for a client in securing a pre-answer dismissal of a class action against a global automotive supplier for alleged product defects, successfully arguing a motion to dismiss and conducting oral argument in the federal Sixth Circuit, which resulted in affirmance of the dismissal.
Represented a major automotive manufacturer and distributor in a proposed nationwide class action against OnStar, and various vehicle manufacturers, involving the transition from analog to digital service. We successfully defeated class certification.
Represented a Tier 1 automotive supplier in a wrongful death state court lawsuit filed by the family of a man who died after being struck by a train after the garbage truck he was driving stopped on train tracks, and a separate federal court lawsuit filed by the train engineer. The plaintiffs asserted product liability claims against our client, the engine manufacturer, and others — the claims alleged that the truck stalled on the tracks. Foley aggressively defended the case and, after taking the deposition of plaintiffs’ expert, obtained very favorable nuisance-value settlements of the entire litigation.
Represented a manufacturer of specialty automotive products in a product liability lawsuit. Prevailed on summary judgment, non-suited.
Regularly counsel a global motorcycle manufacturer regarding warranty campaigns, recalls, and related matters, including negotiations with suppliers, risk assessments, and defending against third-party product liability claims.
Defended a small engine manufacturer through the granting of judgment after a two-week arbitration before a panel of three arbitrators, arising from breach of warranty-related claims. The client was originally sued for in excess of $24 million. The arbitration panel found entirely for the client in ruling it not liable.
Represented a Japanese automotive supplier in an international arbitration involving claims for breach of warranty and breach of contract.
On behalf of a Tier 1 supplier, prevailed on a motion for summary judgment and obtained the dismissal of tens of millions of dollars in breach of warranty claims brought by OEM for allegedly defective parts supplied by supplier.
Obtained summary judgment and an award of costs for an engine manufacturer in a breach of warranty dispute. Handled the appeal before the Sixth Circuit, which affirmed the dismissal and award of costs.
Represented a diesel engine manufacturer in the defense of two nationwide class actions over warranty, Magnuson-Moss Warranty Act, and other claims.
Represented a diesel engine manufacturer in the defense of a nationwide class action over diesel exhaust. We served as coordinating counsel for this action, along with two other identical class actions filed in Canada.
Successfully tried a $20 million recall dispute between an original equipment manufacturer and a supplier, resulting in a jury verdict in favor of the supplier.

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