Product Liability

Overview

Manufacturers who have experienced product claims understand the need for a firm that has the experience to make an early assessment of the potential exposure from a claim and can either resolve it in a cost-effective manner without undue publicity, or fight strenuously for vindication of the product. We guide clients to a successful resolution drawn from handling numerous matters for both claimants and manufacturers. Our attorneys also are experienced in preservation of evidence, which is a key component in most product liability cases, and we provide risk management services to clients who face these types of claims.

The Taylor English Product Liability group consists of experienced trial attorneys, appellate advocates and former in-house counsel with a track record of success in product-related disputes and litigation.

As a group, we believe in proactive case assessment and management as a means of placing our clients in the strongest position possible and providing them with the information needed to make sound risk management decisions. To accomplish this, we work directly with our clients to conduct thorough internal investigations, secure expert analysis where needed, and map out a plan to resolution that is consistent with the client’s business and risk management objectives. Our goal is always to align ourselves with our clients to overcome the challenges presented.

Our product liability experience is both varied and deep, having represented clients on a local, regional, and national basis. Our attorneys represent manufacturers, distributors, and retailers in most major industries, including the aviation, automotive, building products, consumer products, plant equipment, electronics, chemical and pest control, medical device, and pharmaceutical industries, in both consumer-driven litigation and business-to-business disputes. Examples of product liability matters handled by members of our group include: asbestos, aircraft and aircraft components, vehicles and tires, industrial machines, medical devices, pharmaceuticals, dietary supplements, pesticides, power tools, and a variety of consumer products.

Members of our product liability team have achieved favorable outcomes for our clients through the effective use of expert testimony and challenges to opposing experts under Federal Rule of Evidence 702, Daubert v. Merrell Dow Pharmaceuticals, and similar state procedures.

As a product liability team, we provide our clients with:

Early assessment claim investigation and containment counseling,
National and regional case management services,
Strategic litigation initiative services,
Litigation, trial and appellate representation, and
Advice and counseling on legal aspects of sales contracts, product warnings and labeling, product recalls and CPSC compliance and reporting issues.

And in doing so, our attorneys have:

Served as national coordinating counsel for a Fortune 500 consumer product manufacturer, managing all toxic tort and product liability claims nationwide,
Served as regional and national counsel for a major national pest control services provider, handling all aspects of defense of chemical exposure claims from discovery through trial, arbitration, and appeals,
Served as in-house and outside counsel for a leading building materials manufacturer managing the defense of that company’s asbestos litigation nationwide, from inception through trial,
Served as lead warranty counsel for a major auto distributor for the defense of warranty actions in Georgia,
Served as Daubert counsel and a member of the national trial team for a latex glove manufacturer, and
Defended aircraft and aircraft component part manufacturers in catastrophic injury and wrongful death claims arising out of aircraft accidents.

Experience

Defense of automotive negligence and product liability litigation
Defended national truck and trailer rental company in accident litigation involving allegations of negligence, product liability, and negligent entrustment. Served as lead counsel defending the company and its employees in numerous matters and conducted pre‐litigation investigations, evaluations and negotiations. Successful outcomes included leading the investigation and defense of five wrongful death actions arising out of a catastrophic single ...
Defense of consumer class action against carpet manufacturer
Defeated certification of putative national consumer class action against carpet manufacturer involving claims of personal injury and violation of various state unfair and deceptive trade practices statutes (UDTPA) arising out of sale of new carpet that emitted allegedly harmful levels of volatile organic compounds (VOCs).
Defense of consumer fraud actions
Defended termite service provider in state court actions in Florida, Georgia, Tennessee, and South Carolina involving allegations of consumer fraud and violations of state consumer protection statutes. Successes include defeat on appeal of class certification in consumer class action asserting claims of consumer fraud and violations of Georgia Deceptive Trade Practices Act.
National discovery counsel for major national retailer
Led team that developed and implemented a national discovery counsel program for a major national retailer for its general liability claims, including premises liability and product liability claims. The program resulted in improvements in consistency and efficiency of discovery responses, improved litigation outcomes, and overall litigation cost reduction.
Pesticide exposure litigation coordinating counsel
Led team serving as regional and national coordinating counsel for a major national termite and pest control service provider, defending the company in cases involving claims for personal injury and property damages arising out of alleged pesticide exposures.

Appeared as lead counsel in multiple jurisdictions, handling all aspects of the company’s defense, from selection and management of local counsel, through discovery, dispositive motions, mediation ...
Pharmaceutical liability and medical device litigation
Defense of pharmaceutical liability and medical device litigation involving contraceptives, medicines for treatment and prevention of bone loss, blood thinners, cholesterol reduction medicines, anti‐depressants, and latex gloves. Examples of experience include: obtaining orders excluding opposing expert opinions and granting summary judgment; development and coordination of expert witness testimony in Multi-District Litigation; serving on ...
Defense of product recall claim
Defended packaging component manufacturer in pre-suit claim by the client’s customer, a consumer product manufacturer, to recover product recall costs and other damages arising out of alleged package defect.