Cozen O’Connor: Products Liability

Products Liability

Recent News:

James Heller Named to Product Liability Advisory Council

James Heller, chair of Cozen O’Connor's Products Liability Practice Group and vice chair of the Commercial Litigation Department, was admitted as a sustaining member to the Product Liability Advisory Council, Inc. (PLAC).

More

Products manufacturers know that even the most vigilant, safety-conscious companies must be prepared to respond to serious products liability claims. Compared to other torts, the evidentiary burden for plaintiffs is relatively low and the exposure for defendants can be extraordinarily high.

Cozen O’Connor has been defending Fortune 500 companies in significant products liability matters for more than three decades. The firm represents global designers, manufacturers and distributors of consumer safety products; food, beverage and herbal supplements; medical devices; pharmaceuticals; aviation and transportation; oil and gas; industrial and other types of products.

Many firms litigate, but few actually try products cases. Cozen O’Connor attorneys are trial lawyers, first and foremost. Indeed, more members of our team have first-chaired product liability trials than at any comparably sized firm. Our lawyers take cases to verdict—and win.

We defend single action matters, class actions, mass torts and multidistrict litigation. We also respond to congressional, regulatory and criminal investigations. Our products liability attorneys appear before state and federal courts, arbitration panels and federal agencies, including the Consumer Product Safety Commission and the Food and Drug Administration.

Cozen O’Connor serves as ongoing national counsel to competitive products manufacturers. Our attorneys build institutional and brand knowledge, create efficient protocols for fielding claims, minimize overall liability, conserve in-house resources and guide manufacturers through product recalls and withdrawals.

Our attorneys provide sophisticated compliance advice on federal and state regulatory requirements, conduct risk audits and review product labeling, advertising, marketing and manuals. As needed, we monitor the development of underlying liabilities and preemptively develop responses to threatened or filed claims.

 

SERVICES

  • Serve as national trial counsel and national coordinating counsel for product manufacturers
  • Represent manufacturers, distributors, suppliers, and retailers
  • Defend against allegations of products liability, including negligence, strict liability, breach of warranty, and consumer protection violations
  • Manage single-product cases, class actions, mass torts, and multidistrict litigation
  • Advise clients regarding underlying potential liabilities and exposure to particular loss claims, and review contracts, warning labels, and sale or distribution protocols
  • Negotiate cross-jurisdictional global sourcing agreements between foreign makers of component parts and stateside assemblers or manufacturers

 

CLIENTS

Food Contamination & Recall. Our attorneys routinely handle high-stakes food products liability claims and provide food-industry crisis management services. We help clients respond decisively at the first sign of trouble and defend clients in major food recall cases.

Safety Products. Cozen O’Connor is a leading advocate for the smoke alarm industry, serving as the national coordinating counsel and national trial firm for an international alarm products manufacturer. Our attorneys have successfully tried numerous cases to verdict in state and federal courts throughout the United States, often achieving wins for the defense on all counts.

Aviation. Our firm is known for its successful representation of aviation clients in a range of matters, including products liability, wrongful death and survival actions, personal injury, warranty claims and product recalls, and property damage. Because aviation litigation frequently involves multiple filings in multiple jurisdictions, Cozen O’Connor has a strong network of aviation attorneys in offices across the country and around the world.

Medical and Life Sciences. Cozen O’Connor’s attorneys combine sophisticated products liability experience with deep knowledge of the health care sector and cutting-edge medical technology. We are positioned to defend developers, designers, suppliers, manufacturers, and users of medical and life sciences products, particularly against claims of personal injury or wrongful death.

Additional Focus Industries. Cozen O’Connor also has extensive experience serving clients with exposures in the areas of sports equipment, automotive and off-road vehicles, construction equipment and building products, toxic torts and chemicals, firearms, and manufacturing equipment.

 

TEAM

Cozen O’Connor’s team includes more than forty lawyers who have distinguished themselves in the field of products liability. Our attorneys are named fellows of the American College of Trial Lawyers and the International Academy of Trial Lawyers, and are ranked by Chambers and Partners. In addition to being recognized by independent legal observers as among the nation’s “most influential” trial attorneys who are regularly involved in “significant verdicts,” our lawyers are also known for their intellectual gravitas. They serve on national boards and lecture frequently on products liability and tort defense.

While the design, manufacture, sale, and promotion of many products is now a global endeavor, the majority of U.S. products liability laws are determined by individual states and vary widely across the country. Top law firms, therefore, must be able to operate effectively on the international, national, and state level. Our attorneys have played lead roles in some of the most sprawling multi-jurisdictional products liability litigations to date, including in defense of asbestos, tobacco, and diet systems companies. With offices abroad and lawyers licensed across the United States, Cozen O’Connor has the capacity to respond to products liability matters wherever they arise.

Experience

Publications

EPA versus the State of California: An Important Glyphosate Update [Products Liability Prevention & Defense Blog]

August 20, 2019

Glyphosate is a widely used herbicide perhaps best known for being the active ingredient in the blockbuster weed killer Roundup®.  As many readers are probably aware, Roundup® is currently the subject of both state and federal litigation in which numerous plaintiffs allege that using Roundup® caused...

How Smart is it for Medical Devices to Learn New Tricks? The FDA Seeks Feedback On Its Proposed Regulatory Framework for Artificial Intelligence/Machine Learning-Based Medical Devices [Products Liability Prevention & Defense Blog]

May 29, 2019

In the shadow of the FDA’s new Proposed Regulatory Framework for Modifications to AI/ML-Based Software as a Medical Device, manufacturers are left to contemplate enhanced product liability exposure. AI-powered devices ingest new data and adjust accordingly – a feature that could result in entirely...

Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act: Part II, How Sellers May Find Themselves a MAN DOWN [Products Liability Prevention & Defense Blog]

January 22, 2019

On September 11, 2018, Cozen O’Connor’s Product Liability Prevention and Defense (“PLPD”) blog provided a quick reference guide that manufacturers can consult to MAN UP on defenses when hit with a claim under Chapter 82 in Texas.  Hayden; Don't Find Yourself a MAN DOWN: Manufacturers Can MAN UP With...

The Canary in the Coal Mine Isn’t Looking So Good Anymore

December 04, 2018

John Sullivan, a member of the firm's Commercial Litigation Department, authored the blog, "The Canary in the Coal Mine Isn’t Looking So Good Anymore" for the Drug & Device Law blog.

Just In: New Jersey Supreme Court Adopts Daubert Factors For Assessing The Reliability Of Expert Testimony [Products Liability Prevention & Defense Blog]

September 24, 2018

On August 1, the Supreme Court of New Jersey issued a seminal ruling elucidating the state’s standard for admission of expert testimony in civil litigation.  In a unanimous decision, the Court adopted the Daubert factors for assessing the reliability of expert testimony, and reaffirmed the trial...

Don’t Find Yourself a MAN DOWN: Manufacturers Can MAN UP With Defenses to the Texas Products Liability Act [Products Liability Prevention & Defense Blog]

September 11, 2018

As of September 1, 1993, a manufacturer's duty to indemnify a seller in a products liability action became statutorily mandated in Texas.  See Tex. Civ. Prac. & Rem. Code Ann. § 82.002 (Vernon 1997) (“Chapter 82”).  Chapter 82, also known as the Products Liability Act, made changes that place...

MDL Court in the Testosterone Replacement Therapy Litigation Throws Out Another Large Jury Verdict

July 13, 2018

John Sullivan, a member in the firm's Commercial Litigation Practice, authored, "MDL Court in the Testosterone Replacement Therapy Litigation Throws Out Another Large Jury Verdict," for the Drug & Device Law Blog.

Personal Jurisdiction through Alter Ego Fails in Illinois

June 29, 2018

John Sullivan, a member in the firm's Commercial Litigation Practice, authored, "Personal Jurisdiction through Alter Ego Fails in Illinois" for the Drug and Device Law Blog.

ALERT: U.S. Supreme Court Grants Certiori to Decide Whether FDA Excluded Warnings Pre-Empt State Law Claims [Products Liability Prevention & Defense Blog]

June 28, 2018

The U.S. Supreme Court today agreed to consider a Third Circuit ruling that revived litigation over Merck's alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax.  The precise question presented on appeal is “whether a state-law failure-to-warn claim is...

8th Circuit Reverses to Uphold Successor Liability Defense, Highlighting The Importance of Consistent, Clear Descriptions Of Acquisitions To Avoid the de facto Merger Exception [Products Liability Prevention & Defense Blog]

June 01, 2018

On April 5, the Court of Appeals for the Eighth Circuit wiped out a jury verdict in a products liability action and $13 million punitive damages award against a manufacturer and its wholly owned subsidiary on the basis that the parent company manufacturer could assert a successor liability defense....

FDA releases draft guidance on expansion of abbreviated 510(k) Program [Products Liability Prevention & Defense Blog]

May 01, 2018

On April 12, the FDA released draft guidance discussing an expansion of its Abbreviated 510(k) program for medical devices. This new guidance would allow a submitter to establish substantial equivalence by demonstrating that a new medical device meets certain performance criteria, rather than by...

The Legality of Cannabidiol and Concerns Regarding False Advertising [Products Liability Prevention & Defense Blog]

April 17, 2018

The legality of marijuana (also known as cannabis) has been a popular topic in recent years with thirty states and the District of Columbia having laws that legalize marijuana in some form.  However, under federal law, marijuana is a Schedule I drug and remains illegal for all purposes. Schedule I...

Third Circuit Issues Precedential Ruling on Express Preemption for Hybrid Medical Devices [Products Liability Prevention & Defense Blog]

March 20, 2018

The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are devices which contain differently classified components. In Shuker v. Smith...

Known to the State of California to Cause Cancer or Reproductive Harm - What is Proposition 65 and What You Need to Know [Products Liability Prevention & Defense Blog]

February 08, 2018

A majority of California voters in 1986 approved a ballot initiative known as Proposition 65, officially titled California’s Safe Drinking Water and Toxic Enforcement Act of 1986 (“Prop. 65”).  Prop. 65 seeks to protect California’s drinking water sources from being contaminated with chemicals...

State Court Relies Upon Supreme Court’s Bristol-Meyers Squibb Decision to Vacate Jury Verdict Against J&J [Products Liability Prevention & Defense Blog]

November 14, 2017

The Supreme Court limited a striking vulnerability for product manufacturers in Bristol-Myers Squibb Co. v. Superior Court of California this summer when it ruled that out-of-state plaintiffs could not simply claim injuries that were similar to residents to support specific jurisdiction, but must...

Defending Made-In-The-USA Claims

October 09, 2017

Brenden Coller and Richard Fama, of Cozen O'Connor's Commercial Litigation Department, co-authored, "Defending Made-In-The-USA Claims," for Assembly Magazine.

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff [Products Liability Prevention & Defense Blog]

September 13, 2017

Often when we think of product liability we think of a product that doesn’t function as intended and causes some sort of damage resulting in warning, design and/or manufacturing defect claims.  However, another important aspect is advertising.  The purpose of this post is to focus on one very...

Glyphosate’s Prop 65 Listing May Affect Everyone in the Supply Chain

September 12, 2017

Amy Alderfer, a member of Cozen O'Connor's Commercial Litigation Department, published, "Glyphosate’s Prop 65 Listing May Affect Everyone in the Supply Chain," in the Daily Journal.

Enforcing Arbitration Clauses In Product Packaging [Law360]

July 21, 2017

Abby Sacunas, a member of the Commercial Litigation Department, published, "Enforcing Arbitration Clauses In Product Packaging," in Law360.

Proposed Legislation to Relax Rules on Medical Device Reporting Passes U.S. House [Products Liability Prevention & Defense Blog]

July 17, 2017

On July 13, 2017, the U.S. House of Representatives passed a bill that would triple the amount of time in which medical device manufacturers are required to report certain malfunctions of some products to the Food and Drug Administration.  Companies currently must report product malfunctions within...

California Consumers and Food Manufacturers Await Key Government Rules on Food Labeling

July 01, 2017

David Shimikin, a member of the firm's Commercial Litigation Department, published "California Consumers and Food Manufactures Await Key Government Rules on Food Labeling," in the California Minority Counsel Program Diversity Matters Newsletter.

Supreme Court Solidifies Specific Jurisdiction Analysis To Dismiss Product Claims Filed Against Non-Resident Defendant, Bristol-Myers Squibb Co. [Products Liability Prevention & Defense Blog]

June 26, 2017

Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of California. A group of plaintiffs, most of whom were not California residents, sued...

The Failure to Warn of Cannabinoid Hyperemesis Syndrome

February 22, 2017

Avin S. Singh discusses the growing issue for those in the chain of distribution of the contents of a product’s label and whether it provides for an adequate warning of the side effects associated with consumption of marijuana.

New FDA Draft Guidance on Benefit-Risk Factors Affecting Medical Device Compliance, and Enforcement [Products Liability Alert]

August 08, 2016

Abby Sacunas and Jillian Flax discuss the U.S. Food and Drug Administration recently released draft guidance to clarify the benefit and risk factors it may consider in compliance and enforcement actions involving medical devices.

2016 DTSA: Providing Manufacturers with New Avenues to Protect Trade Secrets

July 14, 2016

Abby L. Sacunas and Jeffrey D. Feldman discuss the Defend Trade Secrets Act of 2016 and its impact on manufacturing companies with trade secrets related to a products or services used in, or intended for use in, interstate or foreign commerce.

Product Liability Law Will Adapt To Driverless Car Regs [Law360]

June 30, 2016

Abby Sacunas, a member of Cozen O'Connor's Products Liability practice, discusses driverless car regulations in Law360.

Case Provides Blueprint For Controlling Liability [Today's General Counsel]

April 21, 2016

Abby Sacunas, a member of Cozen O'Connor's Product Liability practice, discusses the Seventh Circuit's decision in Thornton v M7 Aerospace in Today's General Counsel.

The FDA’s New Guidance on Cybersecurity Risks for Medical Devices [Corporate Counsel]

March 03, 2016

Jillian Thornton Flax and Abby Sacunas, both members of Cozen O'Connor's Products Liability practice, discuss the FDA's new guidance on cybersecurity risks for medical devices in Corporate Counsel.

Road Map For A Successful Product Inspection [Law360]

February 22, 2016

Amy Alderfer and Jillian Thornton Flax, both members of Cozen O'Connor's Products Liability practice, discuss a road map for a successful product inspection in Law360.

Litigation In The Marijuana Industry Lights Up [Law360]

February 09, 2016

Abby Sacunas, a member of Cozen O'Connor's Products Liability practice, discusses litigation in the marijuana industry in Law360.

In Pa., No Duty to Advise of Optional Safety Devices [Law360]

November 04, 2015

Abby Sacunas discusses the Eastern District Court of Pennsylvania’s decision to dismiss plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift.

Should We Expand the Collateral Source Rule? No Thanks [Drug and Device Law]

October 26, 2015

John Sullivan discusses the Louisiana Supreme Court case Hoffman v. 21st Century North Am. Ins. Co., in which the plaintiff attempted to expand the collateral source rule to allow recovery of medical costs that were never actually billed.

MDL Judge Allows Manufacturing Defect Claim to Go to Trial with No Direct Evidence of a Defect in the Device Actually Implanted in Plaintiff [Drug and Device Law]

October 19, 2015

John Sullivan discusses In re Mentor Corp. ObTape Transobturator Sling Prods. Liability Litigation, in which the court relied solely on a review conducted by plaintiff’s experts of sample ObTape devices (other than the one implanted in plaintiff) when denying the manufacturer’s motion for summary judgment.

Morello v. Kenco Toyota Lift: No Duty to Advise Of Optional Safety Devices [Products Liability Alert]

October 15, 2015

The Morello court specifically addressed whether a forklift seller could be liable for injuries in negligence, strict liability or breach of warranty caused by an industrial forklift which did not include accessories such as lights or chimes when operating in reverse.

Court Interprets North Carolina Law to Apply the Learned Intermediary Doctrine to Medical Device Cases [Drug and Device Law]

October 12, 2015

John Sullivan discusses Carlton v. Boston Scientific Corp., in which the court granted Boston Scientific summary judgment.

Section 510(k) Clearance: While it Doesn't Support Preemption, is it Relevant Evidence at Trial? [Drug and Device Law]

September 28, 2015

John Sullivan discusses Boston Scientific Pelvic Repair System Products Liability Litigation and how the 510(k) clearance of a medical device is not only insufficient to support preemption, but it’s not probative enough to be discussed at trial.

Eli Lilly Successfully Severs and Transfers Cymbalta Plaintiffs from California Court to Its Own Home Court in Indiana [Drug and Device Law]

September 22, 2015

John Sullivan discusses the recent Cymbalta litigation in which the plaintiffs tried and failed to create an MDL.

The Flood Gates Are Open: Amarin’s Win Spurs Another First Amendment Challenge to the FDA’s Regulation of Off Label Promotion [Drug and Device Law]

September 14, 2015

John Sullivan discusses Pacira Pharmaceuticals’ recent First Amendment challenge on their non-opioid pain drug, EXPAREL, in the wake of Amarin’s preliminary injunction win.

The Amarin Win and the Next Big Question: What Will the FDA Do? [Drug and Device Law]

August 17, 2015

John Sullivan discusses Amarin’s successful motion for a preliminary injunction in its First Amendment challenge to the FDA’s regulation of off-label marketing and discusses what this means for the FDA.

Strategies for in-house counsel to maximize coordination of multidisciplinary products liability litigation

August 12, 2015

Shelby Riney, of Cozen O'Connor's Commercial Litigation department, published, "Strategies for in-house counsel to maximize coordination of multidisciplinary products liability litigation."

The District of New Jersey Holds That You Can’t “Discover” Your Way to a Parallel Violation Claim [Drug and Device Law]

August 10, 2015

John Sullivan discusses Becker v. Smith & Nephew, a hip implant case pending in federal court in New Jersey.

FDA Basics for the Drug and Medical Device Lawyer [DRI]

July 22, 2015

Denise Bense authored a section on “Medical Device Approvals” in DRI’s recently published “FDA Basics for the Drug and Medical Device Lawyer.”

Court of Common Pleas Leaves Standing Janssen’s Victory in Second Risperdal Trial [Drug and Device Law]

July 13, 2015

John Sullivan discusses the second Risperdal trial, Cirba v. Janssen Pharmaceuticals, Inc., in which the trial judge denied the plaintiff’s post-trial motion for a new trial.

The Court Will Hear Oral Argument Tomorrow Morning on Amarin's First Amendment Challenge to FDA Off-Label Regulation [Drug and Device Law]

July 06, 2015

John Sullivan discusses the completed briefing on Amarin's motion for preliminary injunction and the courts preparation to hear oral arguments from the FDA and Amarin.

Neither ‘Junk’ Nor ‘Healthy’ Food Cos. Are Safe From FDA [Law360]

July 02, 2015

Leigh Ann Benson discusses the need for food and beverage manufacturers to be aware of FDA action, which typically reflects consumers’ interests, that has a direct relationship to class action litigation.

The FDA Sends Amarin A Letter In Their First Amendment Court Battle [Drug and Device Law]

June 22, 2015

John Sullivan discusses the ongoing First Amendment case between Amarin Pharma, Inc. and the FDA.

Second Circuit Casts Doubt on Viability of Off-Label Claims in Device Cases [Drug and Device Law]

June 15, 2015

John Sullivan discusses Otis-Wisher v. Medtronic Inc., in which the Second Circuit offered its thoughts on the viability of parallel violation claims based on allegedly misleading off-label promotion.

If You Can’t Show Fraudulent Joinder, You May Still Be Able to Sever Non-Diverse Defendants Using FRCP 21 [Drug and Device Law]

June 08, 2015

John Sullivan discusses Mayfield v. London Women's Care, PLLC, in which a patient, who had revision surgery and other complications, sued the out-of-state manufacturers and named her local doctor and his clinic as malpractice defendants.

Bausch Strikes Again [Drug and Device Law]

June 01, 2015

John Sullivan discusses the ruling in Dwyer v. Boston Scientific Corp., in which a man died from head injuries suffered during a fall after the failure of his implanted defibrillator.

Another Municipality Tries to Recover Its Costs for Pharmaceuticals [Drug and Device Law]

May 18, 2015

John Sullivan discusses City of Chicago v. Purdue Pharma L.P., which deals with an effort by the city of Chicago to recover payments it made to drug companies on opioid prescriptions for city employees (and retirees) covered by HMO, PPO and worker's compensation plans.

Amarin v. FDA Focuses the Spotlight on the First Amendment and the FDA's Regulation of Off-Label Promotion [Drug & Device Law]

May 11, 2015

John Sullivan discusses Amarin Pharma, Inc. v. FDA, in which Amarin seeks a declaration that the FDA's off-label regulations, as applied by the FDA, violate the First Amendment and the Due Process clause of the Fifth Amendment.

Yes, There Is Still Vioxx Litigation [Drug and Device Law]

April 27, 2015

John Sullivan discusses Levitt v. Merck Sharp & Dohme Corp., in which the Vioxx MDL court denied Merck's motion for summary judgment, instead ordering that discovery be reopened.

You Want to Remand? I'm Already Gone [Drug and Device Law]

April 20, 2015

John Sullivan discusses Cole v. Medtronic, Inc., in which the plaintiff asked the court to remand the case back to state court because a second defendant, a hospital, was a citizen of the forum state, thus triggering the forum-defendant rule and blocking removal.

The Next Best Thing to Mensing Preemption: Winning for Lack of Connection between Marketing and the Prescriber [Drug and Device Law]

April 13, 2015

John Sullivan discusses Whitener v. Pliva, in which the claim states that the manufacturer didn't warn about risks of the drug, in this instance, off-label risks.

Limiting the Damage from One-Sided Ex Parte Interviews of Doctors [Drug and Device Law]

March 30, 2015

John Sullivan discusses Yotam v. Takeda Pharmaceuticals North America, Inc. and the uneven ground of ex parte interviews of treating doctors, an area in which plaintiffs' counsel too often seem to be handed the higher ground.

Zogenix's Battle with the Commonwealth of Massachusetts Continues [Drug and Device Law]

March 23, 2015

John Sullivan discusses the latest decision in Zogenix, Inc. v. Baker, in which the Commonwealth of Massachusetts has tried to regulate Zohydro ER, an extended release hydrocodone drug product that was approved by the FDA in 2013.

The Treatment of Confidential Material Across Collateral Litigation [Drug and Device Law]

March 16, 2015

John Sullivan discusses collateral litigation and companies who find themselves in difficult court battles to protect confidential, business-sensitive information from public disclosure.

A Victory Well Won [Drug and Device Law]

March 09, 2015

John Sullivan discusses Lewis v. Johnson & Johnson, in which the defendant calmly and effectively pressed their legal and factual arguments, won a partial victory before trial, continued to press its position on the law and facts at trial until it won a direct verdict, and successfully had it all upheld on appeal.

Statistics Are Still Unnecessary For A Label To Be Adequate [Drug and Device Law]

March 02, 2015

John Sullivan discusses McDowell v. Eli Lilly, in which plaintiff motioned for reconsideration, only to have the judge state the product's label contained sufficient warning and upheld judgment for the defendant.

Lacrosse Equipment Manufacturers Facing Challenges [The Legal Intelligencer]

February 10, 2015

In an article titled ''Lacrosse Equipment Manufacturers Facing Challenges,'' James Heller, chair of Cozen O'Connor's Products Liability Practice Group, and Christopher Passavia, an associate in the Commercial Litigation Department, discuss the National Operating Committee on Standards for Athletic Equipment (NOCSAE) and their abrupt announcement in November 2014 that it had voided the manufacturer's certification of two of the nation's most popular lacrosse helmets (Cascade's R model and Warrior's Regulator model). The announcement quickly led to the filing of two putative class action consumer lawsuits against Cascade, one of which is pending in the U.S. District Court for the Eastern District of Pennsylvania, and a lawsuit by NOCSAE against Warrior in federal court in Missouri.

District Court Denies Takeda's Motion for a New Trial

January 28, 2015

Shelby Riney, of the firm's Commercial Litigation Department, authored, "District Court Denies Takeda's Motion for a New Trial," for the ABA Section of Litigation, Products Liability, News & Developments.

The Times, They Are a Changin' - The Emergence of 3D Printing [LawyerMade Magazine]

September 17, 2014

Amy Alderfer, a member of Cozen O’Connor’s Commercial Litigation Department, authored an article titled “The Times, They Are a Changin’ – The Emergence of 3D Printing.” The article provides an overview of the potential impact 3D printing may have on products liability law as an increasing number of products are able to be manufactured at home. “While it’s too early to tell how these scenarios will play out, it is important to recognize the product liability issues that will arise as 3D printing becomes more widespread and continues to infiltrate the market,” advises Amy.

An Attack on Plaintiffs' Use of Consumer Complaints [The Legal Intelligencer]

February 11, 2014

In products liability actions, plaintiffs use prior consumer complaints as evidence that a defect existed or that the defendant ignored a known defect. Precluding these prior consumer complaints is important to the defense, because this evidence has significant potential to prejudice the jury and lead to the imposition of liability in cases where plaintiffs have failed to produce sufficient proof of a defect. For these reasons, defendants must challenge the admissibility of prior consumer complaints. Defendants should argue that the communications are not substantially similar to the facts, circumstances and defects claimed in the case at issue (and are, thus, not relevant), and are inadmissible hearsay.

8th Circ. Suggests More Mass Torts May Be Removable [Law360]

January 03, 2014

The Eighth Circuit recently upheld the removal to federal court of product liability claims filed by over 100 plaintiffs in state court in St. Louis. See Atwell v. Boston Scientific Corp., 2013 (8th Cir. Nov. 18, 2013). The decision illustrates how plaintiffs’ requests to coordinate multiple cases can sometimes sweep “mass tort” cases filed in state court right into federal court as a “mass action” under the Class Action Fairness Act of 2005. This is no small shift in a litigation, and so Atwell provides a helpful background on some of the characteristics of a plaintiff coordination proposal that can trigger such CAFA removal.

Liability for Marketing Claims in California [Cozen O’Connor Whitepaper]

November 25, 2013

Does a company expose itself to liability in California when it boasts that its products are the “safest in the business?” The answer will depend on whether courts will consider that statement to be a misleading claim or mere advertising puffery.

Roadmap to social media for pharmaceutical companies [PharmaLive]

May 04, 2011

Roadmap to social media for pharmaceutical companies - PharmaLive -

The Preemptive Scope of the Vaccine Act: Must Unavoidable Damages be Determined on a Case-by-Case Basis? [Life Sciences Alert!]

February 09, 2011

The Preemptive Scope of the Vaccine Act: Must Unavoidable Damages be Determined on a Case-by-Case Basis? - Life Sciences Alert! - On January 11, 2011, the Superior Court of Pennsylvania decided Wright v. Aventis Pasteur, et al., 2001 Pa. Super. 9 (2011) in which it determined as a matter of first impression that the National Childhood Vaccine Act (Vaccine Act) does not preempt any design defect claim based on state law, but rather requires case-by-case inquiry to determine whether a particular vaccine’s side effects are unavoidable.

Adverse Incident Reports: How Many Is Too Many? [Life Sciences Alert]

January 18, 2011

Adverse Incident Reports: How Many Is Too Many? - Life Sciences Alert - On January 10, 2011, the U.S. Supreme Court heard argument in the matter Siracusano v. Matrixx Initiatives, Inc., 585 F.3d 1167 (9th Cir. 2009), and suggested that some major changes may be in store for pharmaceutical companies which could forever alter how they handle adverse reports.

The Difficulty in Certifying a Class Action Against Drug Companies [Life Sciences Alert!]

November 01, 2010

The Difficulty in Certifying a Class Action Against Drug Companies - Life Sciences Alert! - Three cases decided over the past few months demonstrate the difficulty with certifying class actions by third-party payors (TPPs) against drug companies.

Investigational Devices and the Defenses that Protect Them [Cozen O'Connor Paper]

October 22, 2010

Investigational Devices and the Defenses that Protect Them - Cozen O'Connor Paper -

Dram Shop Liability: The Exposure is Greater Than You Think [Cozen O'Connor Whitepaper]

May 06, 2010

Dram Shop Liability: The Exposure is Greater Than You Think - Cozen O'Connor Whitepaper - A sporting event between historic rivals, a concert given by a major pop star, a bar or
restaurant at which one celebrates a birthday, new job, or a dinner out, and a banquet hall hosting
a wedding, anniversary, or office party.While these venues often host exciting and celebratory events, their commonalities, all too often, combine to result in unfortunate and, sometimes, tragic
consequences.

Before Facing a Lawsuit: What Every Establishment Needs to Know [Cozen O'Connor Presentation]

September 07, 2009

Before Facing a Lawsuit: What Every Establishment Needs to Know - Cozen O'Connor Presentation -

2009 Property Insurance Directory [Global Insurance Group]

May 01, 2009

2009 Property Insurance Directory - Global Insurance Group - We are pleased to enclose Cozen O'Connor's Global Insurance Group 2009 Property Insurance Directory, which identifies our principal property insurance lawyers in each of our offices with listings of specific areas of expertise those attorneys have in the property insurance area. I am sure you will agree that this is an impressive group of property lawyers, likely the largest in the U.S., with both breadth and depth of experience in all fields of interest in property claims.

Commentary: The Flight to Access [Risk & Insurance]

April 01, 2009

Commentary: The Flight to Access - Risk & Insurance - With more and more frequency, possibly due to personnel cutbacks and more attention focused on legitimate security concerns,
courts are seeing actions brought by disabled
passengers alleging discrimination,
exacerbation of a physical injury, mental
anguish and distress, and even punitive
damages as a result of what has been
perceived as either the inability or
unwillingness to deal with the specific needs
of disabled passengers.

PREEMPTION IS NOT DEAD: A Fresh Look at Wyeth v. Levine in Context [Cozen O'Connor Whitepaper]

April 01, 2009

PREEMPTION IS NOT DEAD: A Fresh Look at Wyeth v. Levine in Context - Cozen O'Connor Whitepaper - A White Paper analyzing the state of the preemption doctrine in the wake of the Supreme Court’s recent decision in Wyeth v. Levine 173 L. E. 2d 51 (Mar. 4, 2009)

PCA: Product Recall Dos And Don’ts [Law360]

February 27, 2009

On Jan. 30, 2009, the U.S. Food and Drug Administration announced that its criminal division and the U.S. Department of Justice were pursuing a criminal investigation of Peanut Corporation of America (PCA). This investigation comes on the heels of one of the largest food poisoning According to U.S. Center for Disease Control statistics, 654 people across 44 states have been infected with Salmonella Typhimurium from ingesting peanut-based products originating from PCA’s Blakely, Ga., facility.

Flying Through Squabbles of the Turbulent [Risk and Insurance Online]

January 01, 2009

Flying Through Squabbles of the Turbulent - Risk and Insurance Online -

Northern District of California Concludes Complaint Potentially Seeks Damages... [Insurance Coverage Alert!]

November 24, 2008

Northern District of California Concludes Complaint Potentially Seeks Damages... - Insurance Coverage Alert! - The United States District Court for the Northern District of California recently denied an insurer’s motion to dismiss, reasoning that class action claimants potentially sought damages because of bodily injury, despite the fact that the claimants’ “complaints . . . did not seek damages for physical injury.” Plantronics, Inc. v. American Home Assurance
Co., No. C 07-6038 PVT, 2008 U.S. Dist. LEXIS 88921 at * 4 (N.D. Cal. Oct. 20, 2008).

Georgia Court of Appeals Applies Exclusion M to Contaminated Bread Claims [Insurance Coverage Alert!]

November 21, 2008

Georgia Court of Appeals Applies Exclusion M to Contaminated Bread Claims - Insurance Coverage Alert! - The Georgia Court of Appeals recently upheld an
insurer’s denial of coverage for claims related to use of contaminated bread through application of Exclusion m, the impaired property exclusion. See Lavoi Corp. v. National Fire Ins. of Hartford, 666 S.E.2d 387, 395 (Ga. Ct.
App. 2008).

The Admissibility of Other Incidents in Aviation Products Liability Cases [International Association of Defense Counsel]

November 01, 2008

The Admissibility of Other Incidents in Aviation Products Liability Cases - International Association of Defense Counsel - Typical law school evidence courses include only a cursory examination of the admissibility of “other acts”,1 and even then, it is usually in the context of criminal cases under FED R. EVID. 404(b). And, indeed, the federal rules and case law are well-established when dealing with the government’s efforts to use evidence of other acts against a criminal defendant. But in civil matters—products liability cases in particular—the rules are less clear. So it is

The Increase In Deceptive Trade Practices Claims [Law 360]

October 07, 2008

A group of consumers sued a bottled water manufacturer because its water came from purified municipal sources and not the snow-topped mountains featured on its label. Another seeks damages because a guacamole dip doesn’t contain enough avocados. A third sues a satellite radio network for not providing entirely commercial-free programming.

Irradiation of Iceberg Lettuce and Spinach: Has It Gone Far Enough? [freshcut.com]

October 01, 2008

Lettuce and spinach tainted with E. coli creates panic throughout the country. Raw onions contaminated with hepatitis kill four and sicken nearly 700. Salmonella-laden tomatoes make hundreds ill and raise fears of bioterrorism. While this may sound like something out of a bad horror movie, foodborne illness and the devastation it leaves behind – both in terms of human suffering and costs to our economy – should not be taken lightly.

International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens [The Federal Lawyer]

October 01, 2008

International Litigation: The U.S. Jurisdiction To Prescribe and the Doctrine Of Forum Non Conveniens - The Federal Lawyer - Since the 1945 decision by Judge learned hand in United States v. Aluminum Co. of America (colloquially known as the "Alcoa" case), it has become well-established law that the Sherman Antitrust Act-legislation that was adopted over 100 years ago-applies to and prohibits conduct in foreign countries if that conduct has an illegal "effect" in the United States. The very important issue today is the extent to which the

The Shadow Knows No Bounds [Risk & Insurance]

September 01, 2008

The Shadow Knows No Bounds - Risk & Insurance -

Recipe for Disaster [BEST'S REVIEW]

July 01, 2008

Recipe for Disaster - BEST'S REVIEW - Propelled by globalization, outsourcing and offshoring by American companies, the global food network has morphed into a complex, complicated system - ripe for food contamination claims of epic proportions, with insurers bearing the ultimate financial burden.

A white paper released by the Cozen O'Connor law firm in March - published on the heels of the largest beef recall in U.S. history in February -

Global Losses From Tomatoes Likely Pricey [Best Week]

June 16, 2008

Global Losses From Tomatoes Likely Pricey - Best Week - The multibillion tomato industry in North America is in disarray as U S regulators struggle to determine the source of a Salmonella Saintpaul outbreak that has so far sickened
roughly 228 people across 23 states
The delay in finding the source has meant significant business disruption for U S tomato growers and distributors and to some extent their counterparts in Canada and Mexico whose produce are consumed in the United States

The ChemNutra Indictment: A Sign of Things to Come? [FoodProductDesign.com]

June 10, 2008

The ChemNutra Indictment: A Sign of Things to Come? - FoodProductDesign.com - In regulating our conduct, in everything from our daily lives to business activities, we assume that, unless accompanied by a culpable mental state, be it intentional, reckless or knowing, our actions should not be considered criminal. Based on this assumption, the shopper who leaves a store without paying for an item
that was mistakenly left in the cart is not guilty of a crime. Likewise, the innocent

Last Word: Food-borne ills pose sky-high peril [Industry Focus]

May 12, 2008

Last Word: Food-borne ills pose sky-high peril - Industry Focus - For North Americans, the year of eating dangerously continues. The food industry has been pummeled by contamination claims and recalls
stemming from illnesses and deaths nationwide.

The risks associated with getting safe food to our tables are increasing.
What's more, we've recently discovered that the acute health effects from food contamination
could have long-lasting, widespread and costly health consequences.

A Look at a Key Illinois Decision [The Insurance Coverage Law Bulletin]

April 01, 2008

A Look at a Key Illinois Decision - The Insurance Coverage Law Bulletin - An Illinois appellate court recently held that a subcontractor’s insurer wrongfully rejected a general contractor’s tender of defense for a suit
filed by the subcontractor’s employee. State Automobile Mut. Ins. Co. v. Habitat Constr. Co., __Ill.App.3d__, 875 N.E.2d 1159 (1st Dist. 2007).
INTRODUCTION

Food Contamination Insurance Coverage Issues: An Insurer’s Perspective [Cozen O'Connor Whitepaper]

March 01, 2008

Food Contamination Insurance Coverage Issues: An Insurer’s Perspective - Cozen O'Connor Whitepaper - It seems that it is difficult to turn on the television or open a newspaper without reading about another story of contaminated food. Recent multi-state, international recalls of Escherichia coli (“E. coli”) and Salmonella contaminated produce in 2006 and 2007 highlight the countless examples of the widespread
impact of food contamination claims in our modern, industrialized society.

Private inspections of produce can help alleviate the United States' overburdened border control [Nation's Restaurant News]

January 14, 2008

Private inspections of produce can help alleviate the United States' overburdened border control - Nation's Restaurant News -

Country of Origin Labeling [Food Product Design]

January 02, 2008

Country of Origin Labeling - Food Product Design - In 2007, perhaps the most notorious ongoing news story was the steady stream of contaminated imported food items reaching American ports, and the risk this poses to the American consumer. As a result, much political action has ensued to safeguard our imported food supplies, most notably with respect to our relationship with China. However, another result has been increased consumer interest in country of origin
labeling,

Product Liability Defense: At The Center of The Storm [The Metropolitan Corporate Counsel]

December 01, 2007

Product Liability Defense: At The Center of The Storm - The Metropolitan Corporate Counsel -

A Pre-Trial and Procedural Roadmap for Defending Food-Related and Other Mass Tort Litigation [Cozen O'Connor Whitepaper]

October 12, 2007

A Pre-Trial and Procedural Roadmap for Defending Food-Related and Other Mass Tort Litigation - Cozen O'Connor Whitepaper - This past year has seen a wide variety of news coverage related to our nation’s food
supply. In early 2007, the FDA promulgated guidelines pertaining to fresh cut produce.
Concerns surrounding contaminated spinach, green onions, other vegetables and most recently,
beef have led to various recalls by manufacturers and others in the industry.

Beware Diacetyl: The Next Legal Quagmire? [Food Safety Magazine]

October 01, 2007

Beware Diacetyl: The Next Legal Quagmire? - Food Safety Magazine - Move over asbestos, you may have met your match. For years, personal injury lawyers have been searching for “the next asbestos,” and although they achieved significant successes against big tobacco, a new toxin with the staying power of asbestos has remained elusive. Recent court rulings and years of civil lawsuit defeats have dulled the once shining star of so-called toxic mold. Personal injury lawyers may now be on the verge of striking gold—that is, the golden hue

Remarks of Adam C. Bonin, Esq. Cozen O'Connor [Campaign Finance Law, Issue Advocacy and the Supreme Court]

April 12, 2007

Remarks of Adam C. Bonin, Esq. Cozen O'Connor - Campaign Finance Law, Issue Advocacy and the Supreme Court - Remarks from a panel discussion held last Thursday, April 12, 2007, at the American Constitution Society, regarding the upcoming Supreme Court arguments in FEC v. Wisconsin Right to Life

Fall 2006 [Commercial Disputes Observer]

October 20, 2006

Fall 2006 - Commercial Disputes Observer -

Events & Seminars

Past Events

2017 Drug & Device Defense Forum

October 24, 2017 - Philadelphia, Pa

DRI: Product Liability Conference

February 08, 2017 - Las Vegas, NV

Drug & Device Defense Forum

December 13, 2016 - Philadelphia, PA

Critical Issues in Litigation – 2016

November 03, 2016 - New York, NY

2016 Greater Philadelphia Manufacturing Summit

October 19, 2016 - Drexel Hill, PA

DRI Product Liability Conference 2016

February 03, 2016 - New Orleans, LA

Critical Issues in Litigation – 2015

May 20, 2015 - New York, NY

Legal Series: Product Liability for 2015

March 20, 2015 - Webinar

DRI's 2015 Product Liability Conference

February 06, 2015 - Las Vegas, NV

DRI Product Liability Conference

April 11, 2014 - Phoenix, AZ

PLAC Fall 2013 Conference

October 02, 2013 - Las Vegas, NV

In The News

Jury Sent Message With $8B Risperdal Verdict, but Lawyers Don't Expect it to Stand

October 09, 2019

Jim Heller was quoted in The Legal Intelligencer discussing the multibillion-dollar verdict that the jury ruled against Johnson & Johnson this week.

138 Cozen O’Connor Attorneys Named to the Best Lawyers in America

August 28, 2019

Best Lawyers selected 138 Cozen O’Connor lawyers from 21 of the firm’s national offices for inclusion in the 2020 edition of The Best Lawyers in America.

Critical Mass: Monsanto's $2 Billion Roundup Question

July 24, 2019

Amy Alderfer was quoted on Law.com discussing why a reduced roundup verdict still matters.

Judge Cuts $2 Billion Verdict Against Bayer in Tentative Ruling on Weed-Killer Case

July 19, 2019

Amy Alderfer was quoted in Bloomberg in which she explains why there is good reason for Bayer to keep fighting the Roundup lawsuits. She states, "You continue to telegraph to plaintiffs and their lawyers that you’re disputing this, and you’re not going to just accept these verdicts,”

Breaking Down J&J And California's $1B Pelvic Mesh Trial

July 12, 2019

Amy Alderfer was quoted in Law360 stating, "If this is something that can really gain traction and be successful and deliver a large payout, other states will pursue it"

Three Cozen O’Connor Attorneys recognized as Crain's Chicago Business “Notable Gen X Leaders in Law”

May 31, 2019

Three Cozen O’Connor attorneys have been recognized as 2019 Chicago Notable Gen X Leaders in Law by Crain’s Chicago Business for their success and accomplishments in their leadership roles within the firm and across the legal community.

Jillian Thornton Flax Named to Product Liability Advisory Council “Future Leaders”

April 24, 2019

Jillian Thornton Flax, a member in Cozen O’Connor's Commercial Litigation Department, was admitted to the Product Liability Advisory Council, Inc. (PLAC) as a part of their “Future Leaders” program.

FDA Alert on Hacking Vulnerability in Heart Defibrillators is Wake-Up Call: Lawyers

March 28, 2019

John Sullivan was quoted in Law360's recent article on the U.S. Food and Drug Administration's recent safety alert last week about the vulnerability to hacking of up to 750,000 implantable heart defibrillators.

Hazy Regulations, Huge Reward

March 13, 2019

Rich Fama discussed with Marijuana Ventures the rise of CBD products and the lack of clarity at the federal level on regulating CBD.

Punitives Promise Fiercer Fight In Philly Risperdal Trial

January 28, 2019

Jim Heller, co-chair of the firm's Commercial Litigation Department, was quoted in Law's 360 article, "Punitives Promise Fiercer Fight In Philly Risperdal Trial."

Prescribing Doc's Testimony Key In 2nd Philly Xarelto Trial

April 04, 2018

James Heller, vice chair of the firm's Commercial Litigation Department and chair of the firm's Products Liability Practice, was quoted in Law360's "Prescribing Doc's Testimony Key In 2nd Philly Xarelto Trial."

James Heller Named to Product Liability Advisory Council

March 28, 2018

James Heller, chair of Cozen O’Connor's Products Liability Practice Group and vice chair of the Commercial Litigation Department, was admitted as a sustaining member to the Product Liability Advisory Council, Inc. (PLAC).

2018 U.S. News & World Report – Best Lawyers "Best Law Firms" Ranks Cozen O’Connor

February 01, 2018

In the 2018 U.S. News - Best Lawyers® "Best Law Firms, Cozen O’Connor is ranked nationally in 17 practice areas and regionally in 64 practice areas.

$28M Philly Xarelto Verdict Ripe For Reversal, Attys Say

December 06, 2017

James Heller, chair of the firm's Products Liability Practice Group and vice chair of the Commercial Litigation Department, was quoted in Law360's article, "$28M Philly Xarelto Verdict Ripe For Reversal, Attys Say."

Xarelto User Faces Hard Sell In 1st Philly Mass Tort Trial

November 03, 2017

James Heller, chair of Cozen O'Connor's Products Liability Practice Group, was quoted in Law 360's article, "Xarelto User Faces Hard Sell In 1st Philly Mass Tort Trial."

With Upcoming Xarelto Bellwether It's All Eyes on Philadelphia

November 02, 2017

James Heller, chair of Cozen O'Connor's Products Liability Practice Group, was quoted in The Legal Intelligencer article, "With Upcoming Xarelto Bellwether It's All Eyes on Philadelphia."

$120M State AG Deal With GM Preludes More State Actions

October 20, 2017

Jillian Thornton Flax, a member in Cozen O'Connor's Commercial Litigation Department, was quoted in Law360's recent article, "$120M State AG Deal With GM Preludes More State Actions."

100 Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 23, 2017

Lawyers were selected for inclusion in the 2018 edition based on a rigorous peer-review that has been developed and defined for more than 30 years.

3 Trial Losses Won't Doom Xarelto Patients

August 23, 2017

James Heller, chair of Cozen O'Connor's Products Liability Practice Group, was quoted in Law360's article, "3 Trial Losses Won't Doom Xarelto Patients."

Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff

August 20, 2017

Brett Taylor and Amy Alderfer, of Cozen O'Connor's Commercial Litigation department, published, "Lack of Substantiation Theories in False Advertising Cases—The Burden Lies on the Plaintiff," on Law360.com.

Cozen O’Connor Promotes 17 Attorneys to Membership

April 03, 2017

The management committee is pleased to welcome a particularly qualified group to membership, composed of outstanding attorneys who have demonstrated remarkable professionalism, leadership, dedication, and loyalty to the firm and the legal community at large.

Cozen O'Connor ranked in 2017 U.S. News & World Report – Best Lawyers "Best Law Firms"

November 23, 2016

Firms included in the 2017 "Best Law Firms" list are recognized for professional excellence with persistently impressive ratings from clients and peers.

Pilots Association Wants SCOTUS Review of Airplane Product Liability Issue

November 21, 2016

Robert Bowman and Rachael Wallace comment on the recent request of an aircraft pilots association of the U.S. Supreme Court to reverse a decision from the U.S. Court of Appeals for the Third Circuit that allowed states to impose their own safety standards in place of federal law.

J&J Faces Hip MDL Trial Amid Series Of Pro-Plaintiff Rulings

September 30, 2016

John Sullivan, a member of Cozen O'Connor's Commercial Litigation department, discusses this case in Law360.

Sixty-Two Cozen O’Connor Lawyers Named to the Best Lawyers in America

August 15, 2016

Sixty-two Cozen O’Connor lawyers from 13 of the firm’s national offices have been selected for inclusion in the 2017 edition of The Best Lawyers in America.

GM Faces Potential Mountain of New Claims in Ignition MDL

July 14, 2016

Jillian Thornton Flax, a member of Cozen O'Connor's Products Liability practice, discusses the new claims that GM is facing in Law360.

Risperdal Plaintiffs Gain Leverage in Wake of $70M Verdict

July 08, 2016

Jim Heller, chair of Cozen O'Connor's Products Liability practice, discusses the Risperdal mass tort in the Legal Intelligencer.

Amy Alderfer Discusses If Morcellator Manufacturers Will Settle Lawsuits Related to Devices

April 01, 2016

Amy Alderfer, a member of Cozen O'Connor's Products Liability practice, discusses if morcellator manufacturers will settle lawsuits related to devices after the recent Johnson & Johnson case in MDDI Online.

Kendall Hayden Discusses FRA's Proposed Railroad Crew Rule in Law360

March 31, 2016

The Federal Railroad Administration's recent proposal requiring all trains to have a two-person operating crew has the rail industry up in arms over what it says is a sweeping, costly and redundant fail-safe that hasn't proven to enhance safety.

Legal Newsline Interviews Brendan Coller on Whole Foods Yogurt Labeling Claim

March 21, 2016

Brendan Coller recently wrote a Cozen O'Connor Products Liability Prevention & Defense blog post, which discusses the claim against Whole Foods Greek yogurt for mislabeling sugar content.

Jim Heller Discusses Philadelphia Pelvic Mesh Verdict

February 11, 2016

Jim Heller, chair of Cozen O'Connor's Products Liability practice, discusses the impact of the Philadelephia pelvic mesh verdict on Johnson & Johnson in Law360.

James Heller Discusses Recent Pelvic Mesh Mass Tort in The Legal Intelligencer

January 01, 2016

James Heller, vice chair of Cozen O’Connor’s Commercial Litigation department, discusses the first case to hit trial from Philadelphia’s pelvic-mesh mass tort program in The Legal Intelligencer.

Cozen O’Connor’s Products Liability Practice Recognized as One of 10 Mightiest in the Nation

November 24, 2015

The rankings are based on partner headcount in the top 200 law firms in the United States. To be counted in the practice group, the partner has to spend at least 50 percent of their time on matters related to that practice.

Jim Heller Discusses Johnson & Johnson’s Children’s Motrin Verdict in Law360

October 06, 2015

Jim Heller discusses the recent decision by a Pennsylvania federal court in which the jury found that Johnson & Johnson’s over-the-counter Children’s Motrin did not cause a child to develop a life-threatening skin disease.

Jim Heller Discusses Johnson & Johnson's Children's Motrin Trials in Law360

September 04, 2015

Jim Heller discusses Johnson & Johnson’s upcoming Pennsylvania federal court trial alleging children are developing a skin condition after taking the company’s pain reliever, Children’s Motrin.

Jim Heller Discusses Recent Risperdal Settlement in The Legal Intelligencer

June 01, 2015

Jim Heller discusses the third settlement in Philadelphia’s Risperdal mass tort, Walker v. Janssen Pharmaceuticals, which was settled for a confidential amount the day opening arguments were scheduled, and the possibility of this leading to a global resolution to the litigation.

Jim Heller Discusses Risperdal Trials in Law360

May 26, 2015

Jim Heller discusses arguing to the jury whether Risperdal caused any of plaintiffs' injuries or damage rather than arguing their warning labels were sufficient.

Jim Heller Discusses Risperdal Litigation Defense Strategies in The Legal Intelligencer

March 31, 2015

In an article titled “Defense Focus in Risperdal Cases May Shift to Causation,” Jim Heller, chair of Cozen O’Connor’s Products Liability Practice Group, discusses the two defenses available to Janssen Pharmaceuticals following verdicts in the first two Risperdal cases: the first for failure to warn and the second for causation. As for whether Janssen should drop its failure to warn defenses entirely, Jim said, “I abandon defenses when the jury gets angry at the evidence … here I don't think that either jury has gotten angry. But I clearly would focus my defense on causation.”

Contacts

James H. Heller

Co-Chair, Commercial Litigation Department
Chair, Products Liability

jimheller@cozen.com

(215) 665-2189

John J. Sullivan

Member

jsullivan@cozen.com

(212) 453-3729

Amy B. Alderfer

Member

aalderfer@cozen.com

(213) 892-7941

People

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Products Liability Prevention & Defense

Real-time analysis on preventing and defending product liability claims.