Product manufacturers know that even the most vigilant, safety-conscious companies must be prepared to respond to serious product liability claims. Compared to other torts, the evidentiary burden for plaintiffs is relatively low and potential monetary and reputational harm to defendants can be extraordinarily high.
Cozen O’Connor is a trial firm, first and foremost. We have been defending Fortune 500 companies in significant product liability litigation for more than three decades. More members of Cozen O’Connor have first-chaired product liability trials than at any comparably sized firm; our attorneys are fellows of the American College of Trial Lawyers and the International Academy of Trial Lawyers; ranked by Chambers and Partners; and recognized as among the nation’s “most influential” trial attorneys who are regularly involved in “significant verdicts.”
SERVICES
We defend single action matters, class actions, mass torts and multidistrict litigation. Attorneys respond to congressional, regulatory and criminal investigations, and 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 major corporations in oft-targeted industries. Our attorneys build institutional and brand knowledge, create protocols for fielding claims, minimize overall liability, conserve in-house resources and guide manufacturers through product recalls and withdrawals.
In response to mass tort filings, we work with our clients to develop a national litigation strategy, coordinate multi-jurisdictional discovery, select and prepare experts, and identify critical bellwether cases for priority disposition. Our proactive approach often leads to swift and silent resolutions, minimizing disruption to ongoing business operations.
Our Product Regulatory team works with clients to prevent problems in the first place. We advise on federal and state regulatory compliance (including California’s Proposition 65), conduct risk audits and reviews, and counsel on product labeling, advertising, marketing and manuals.
While the design, manufacture, sale, and promotion of many products is now a global endeavor, the majority of U.S. product liability laws are determined by individual states and vary widely across jurisdiction. With offices abroad and lawyers licensed across the United States, Cozen O’Connor has the capacity to respond to product liability matters wherever they arise.
CLIENTS
Food & Beverage. Provide labeling, advertising and regulatory advice to the food, beverage and nutritional supplement industries. Respond to product liability claims, provide crisis management, guide product recalls and litigate business disputes.
Safety Products. Lead advocacy on behalf of the smoke alarm industry and serve as national coordinating counsel and national trial firm for an international alarm products manufacture. Our attorneys have tried numerous state and federal cases to verdict, often achieving complete victory.
Aviation. Represent aviation clients in multi-jurisdictional product liability, wrongful death and survival actions, personal injury, warranty claims, product recalls and property damage claims.
Medical & Life Sciences. Defend developers, designers, suppliers, manufacturers, and users of medical and life sciences products, particularly against claims of personal injury or wrongful death.
Toxic Torts. Defend manufacturers and premises owners throughout the country in matters arising out of the release of and exposure to toxic substances, such as asbestos, heavy metals, mold and benzene.
Additional Focus Industries. Serve clients with exposures in the areas of sports equipment, automotive and off-road vehicles, construction equipment and building products, oil and gas, firearms and manufacturing equipment.
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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...
December 04, 2018
John Sullivan, a member of the firm's Commercial Litigation Department, ed 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...
July 13, 2018
John Sullivan, a member in the firm's Commercial Litigation Practice, ed, "MDL Court in the Testosterone Replacement Therapy Litigation Throws Out Another Large Jury Verdict," for the Drug & Device Law Blog.
June 29, 2018
John Sullivan, a member in the firm's Commercial Litigation Practice, ed, "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...
October 09, 2017
Brenden Coller and Richard Fama, of Cozen O'Connor's Commercial Litigation Department, co-ed, "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...
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.
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...
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...
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.
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.
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.
June 30, 2016
Abby Sacunas, a member of Cozen O'Connor's Products Liability practice, discusses driverless car regulations in Law360.
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.
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.
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.
February 09, 2016
Abby Sacunas, a member of Cozen O'Connor's Products Liability practice, discusses litigation in the marijuana industry in 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.
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.
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.
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.
October 12, 2015
John Sullivan discusses Carlton v. Boston Scientific Corp., in which the court granted Boston Scientific summary judgment.
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.
September 22, 2015
John Sullivan discusses the recent Cymbalta litigation in which the plaintiffs tried and failed to create an MDL.
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.
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.
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."
August 10, 2015
John Sullivan discusses Becker v. Smith & Nephew, a hip implant case pending in federal court in New Jersey.
July 22, 2015
Denise Bense ed a section on “Medical Device Approvals” in DRI’s recently published “FDA Basics for the Drug and Medical Device Lawyer.”
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.
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.
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.
June 22, 2015
John Sullivan discusses the ongoing First Amendment case between Amarin Pharma, Inc. and the FDA.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
January 28, 2015
Shelby Riney, of the firm's Commercial Litigation Department, ed, "District Court Denies Takeda's Motion for a New Trial," for the ABA Section of Litigation, Products Liability, News & Developments.
September 17, 2014
Amy Alderfer, a member of Cozen O’Connor’s Commercial Litigation Department, ed 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 凯发登录苹果版下载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.
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.
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.
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.
May 04, 2011
Roadmap to social media for pharmaceutical companies - PharmaLive -
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.
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.
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.
October 22, 2010
Investigational Devices and the Defenses that Protect Them - Cozen O'Connor Paper -
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.
September 07, 2009
Before Facing a Lawsuit: What Every Establishment Needs to Know - Cozen O'Connor Presentation -
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.
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.
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)
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.
January 01, 2009
Flying Through Squabbles of the Turbulent - Risk and Insurance Online -
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 凯发登录苹果版下载home Assurance
Co., No. C 07-6038 PVT, 2008 U.S. Dist. LEXIS 88921 at * 4 (N.D. Cal. Oct. 20, 2008).
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).
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
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.
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.
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
September 01, 2008
The Shadow Knows No Bounds - Risk & Insurance -
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 -
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
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
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.
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
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.
January 14, 2008
Private inspections of produce can help alleviate the United States' overburdened border control - Nation's Restaurant News -
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,
December 01, 2007
Product Liability Defense: At The Center of The Storm - The Metropolitan Corporate Counsel -
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.
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
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
October 20, 2006
Fall 2006 - Commercial Disputes Observer -
November 05, 2019
The U.S. News – Best Lawyers “Best Law Firms” rankings are based on a rigorous evaluation process that includes the collection of client and lawyer evaluations and peer review from leading attorneys in their field.
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.
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.
July 24, 2019
Amy Alderfer was quoted on Law.com discussing why a reduced roundup verdict still matters.
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,”
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"
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.
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.
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.
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.
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."
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."
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).
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.
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."
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."
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."
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."
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.
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."
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.
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.
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.
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.
September 30, 2016
John Sullivan, a member of Cozen O'Connor's Commercial Litigation department, discusses this case in Law360.
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.
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.
July 08, 2016
Jim Heller, chair of Cozen O'Connor's Products Liability practice, discusses the Risperdal mass tort in the Legal Intelligencer.
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.
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.
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.
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.
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.
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.
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.
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.