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CONSUMER PRODUCTS LITIGATION

For more than 30 years, industry leaders have retained us to handle high-stakes and complex commercial, personal injury, class action, mass tort, RICO and cost recovery lawsuits involving consumer products. These have involved a number of multibillion-dollar claims in federal and state courts across the United States. We have successfully tried dozens of cases during nearly every wave of large-scale consumer products liability litigation: asbestos, tobacco, dioxin, lead, silicone breast implants, repetitive trauma, pharmaceuticals and food products.

 

 

Case Studies

Silencing product liability claims against a siren manufacturer

Thompson Coburn has represented Kawasaki Motors USA for more than a decade. We serve as national counsel on product liability matters related to personal watercraft, ATVs and motorcycles. We have successfully represented Kawasaki in even the most challenging venues, compiling a track record that includes winning summary judgments and seeing cases dropped by plaintiffs’ attorneys.

Blue v. Kawasaki Motors Corp. USA
This suit was filed in Johnson County, Texas, a nationally known class action venue. The presiding judge in the case had ruled on nearly every class action filed in that venue in the preceding 10 years and had certified every single one. Thompson Coburn represented Kawasaki. Discovery was very broad and lasted for almost two years. During a two-week certification hearing, both sides presented expert testimony, including legal experts, economists and engineers. Our work during the certification was so compelling that the plaintiff’s counsel withdrew the action before the closing arguments in the hearing.

Thompson Coburn represented Kawasaki Heavy Industries and its subsidiaries in major patent litigation against Bombardier Recreational Products. Bombardier first filed suit in the Middle District of Florida (Bombardier Recreational Prods., Inc. et al v. Kawasaki Heavy Indus., Ltd., et al.) on several patents and demanded a substantial royalty payment. We successfully petitioned the USPTO to re-examine all of the patents in suit from the Florida litigation, resulting in a Court Order staying that litigation. Simultaneously, Kawasaki filed suit against Bombardier in the Eastern District of Texas on several Kawasaki patents, thus shifting the advantage to Kawasaki. See Kawasaki Heavy indus. Ltd. v. Bombardier Recreational Prods., Inc., et al. No. 5:06-cv-222-DF (E.D. Tex.). The parties settled on terms favorable to Kawasaki.

Tobacco Litigation, Medical Monitoring Cases, Civil Action No. 0-C-6000
This product liability class action of 270,000 West Virginia cigarette smokers was tried to a jury verdict. The first trial ended in a mistrial. The second trial lasted 26 trial days. We obtained defense verdicts on all counts, including product defect, negligence and breach of voluntary undertaking.

United States of America v. Philip Morris USA Inc., f/k/a Philip Morris Inc., et al.
We tried this case as part of our ongoing role as national counsel for Lorillard Tobacco Company. A team of our attorneys and staff lived in Washington, D.C., for nearly a year defending Lorillard at trial. The case was extraordinarily large and complex by any measure, involving tens of millions of document pages and hundreds of expert and fact depositions. Following the trial, the parties submitted proposed post-trial findings and conclusions that totaled nearly 5,000 pages. The District Court filed its 1,652-page opinion in August 2006, which, upon motion by the defendants, was stayed by the D.C. Circuit Court of Appeals in October 2006.

We continue to represent Lorillard in matters related to the recent U.S. Court of Appeals decision in United States v. Philip Morris, Inc.; in a lawsuit brought by 52 Missouri hospitals seeking to recover unreimbursed costs of treating smokers; and in a consolidation of some 700 personal injury cases in West Virginia.

Blog Posts

Hot tea lawsuit fails on appeal

9th Circuit rejects argument that ‘No Added Sugar’ means ‘healthy’

Study highlights prevalence of counterfeit and fraudulent goods online

Analysis of sugar industry documents may impact litigation

Missouri appellate court rejects ‘ingredient list’ defense in food labeling case

What food, packaging and agribusinesses need to know about the first-ever nationwide GMO labeling law

Not so Wonderful: What the food industry can learn from Pom’s faulty health claims

Thompson Coburn takes stage at Cannabis Business Summit

No-GMOs are a no-go in Oregon and Hawaii

California’s high court: Federal law does not preempt state claims for intentionally false 'organic' labels

Publications

Are you ready for remote depositions? Adjusting to the new normal of litigation

From emergency medical products to chicken nuggets: What manufacturers and distributors need to know during COVID-19

D.C. appellate court strikes another nail in the coffin for the Frye test

Industry custom evidence held admissible in CA product liability case based on defective design

Nevada case a reminder to foreign entities: Protect your due process rights when served

Fashion industry awash in copyright lawsuits: What you can do

Preemption prevails in watercraft case under Federal Boat Safety Act

International trade compliance: 6 basic products questions a company should answer

News

ACI Drug and Medical Device Litigation Conference

Carl Pesce on Participation Rates in 3M Settlements

Suzanne Galvin Quoted in Bloomberg Law Regarding Revised PFAS Settlement

Scott Morgan rejoins Thompson Coburn as a class action litigation partner

Thompson Coburn is Texas proud after first year in Dallas

Kurt Reitz made a Fellow of American College of Trial Lawyers

National law firm Thompson Coburn lands four partners in new Dallas office

Booker Shaw receives Distinguished Lawyer Award at 2019 Law Day celebration

Booker Shaw Honored as Legal Legend

Judge Shaw helps Philip Morris defeat $1.5B class action case in 30 minutes

Tim Sullivan, Jayna Rust to lead ‘Lunch and Learn’ for federal contractors at Eastern Foundry

25 Thompson Coburn attorneys recognized in 2015 Chambers USA

Los Angeles litigator, business advisor Rich Reinis joins Thompson Coburn

Jury throws out hearing loss claims against Federal Signal in Philadelphia

Thompson Coburn leads Lorillard to defense victory in West Virginia tobacco trial

Monsanto wins unanimous ruling from U.S. Supreme Court

Thompson Coburn secures latest defense win for Federal Signal in product liability trial over sirens

Chicago judge tosses nationwide class action against Kawasaki

Thompson Coburn again earns national top-tier rankings in U.S. News ‘Best Law Firms’ survey

David Coffman joins Thompson Coburn as a partner

Thompson Coburn tobacco victory named Missouri's ‘Top Defense Win of 2011’

Steve Garlock quoted in front-page Wall Street Journal story on FURminator’s patent successes

Carl Rowley named Legal Champion by Missouri Lawyers Media

Thompson Coburn sweeps 37 plaintiffs in jury verdicts for Lorillard Tobacco Company

Senior Counsel
St. Louis

Dean has extensive first chair trial experience, limiting his practice to intellectual property and commercial litigation.

Dean has extensive first chair trial experience, limiting his practice to i...

Dean Franklin
Partner
St. Louis

John represents domestic and international clients in complex litigation and multi-district litigation in some of the most challenging state and federal venues in the cou...

John represents domestic and international clients in complex litigation an...

John Galvin
Partner
St. Louis

Suzanne is a versatile litigator who finds creative solutions for clients facing difficult and protracted legal battles.

Suzanne is a versatile litigator who finds creative solutions for clients f...

Suzanne Galvin
Partner
St. Louis

Steve Garlock has extensive experience litigating intellectual property matters.

Steve Garlock has extensive experience litigating intellectual property mat...

Steve Garlock
Partner
St. Louis

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed is a veteran litigator and head of the Firm's Antitrust Practice Group.

Ed Harvey
Partner
St. Louis

Chris chairs the 200-attorney Litigation Department at Thompson Coburn and is co-chair of Business Litigation, the largest practice group in the Firm.

Chris chairs the 200-attorney Litigation Department at Thompson Coburn and ...

Chris Hohn
Partner
Washington, D.C.

Benjamin is a corporate advisor and business strategist for a wide variety of privately-held businesses, manufacturers, financial institutions, and nonprofits.

Benjamin is a corporate advisor and business strategist for a wide variety ...

Benjamin Hulsey
Counsel
St. Louis

As a member of the firm's mass tort litigation practice group, Allison has extensive experience in complex litigation, including tort claims, product liability, negligenc...

As a member of the firm's mass tort litigation practice group, Allison has ...

Allison Manger
Partner
St. Louis

Greg represents clients in mergers and acquisitions and sophisticated securities offerings, and offers advice on the wide range of regulatory and compliance issues affect...

Greg represents clients in mergers and acquisitions and sophisticated secur...

Greg Mennerick
Senior Counsel
St. Louis

Mike has extensive experience in complex litigation, including products liability, RICO, toxic tort claims, and contract disputes.

Mike has extensive experience in complex litigation, including products lia...

Mike Minton
Partner
Chicago

Clients look to Sartouk for counsel on how to advance their business goals through strategic and creative approaches to the protection and enforcement of their intellectu...

Clients look to Sartouk for counsel on how to advance their business goals ...

Sartouk Moussavi
Senior Counsel
St. Louis

Jack tries complex cases involving intellectual property, product liability and commercial issues before various state and federal courts.

Jack tries complex cases involving intellectual property, product liability...

Jack Musgrave
Partner
Dallas

Elizabeth represents clients in high-stakes litigation across the country, involving commercial disputes, product defects claims, and consumer fraud, and securities fraud...

Elizabeth represents clients in high-stakes litigation across the country, ...

Elizabeth Myers
Partner
St. Louis

Carl has represented corporations in high-stakes litigation on a regional and national basis for more than 30 years.

Carl has represented corporations in high-stakes litigation on a regional a...

Carl Pesce
Partner
Southern Illinois

Kurt is experienced in the defense of personal injury and property damage litigation including FELA, trucking, product liability, class action and mass tort litigation.

Kurt is experienced in the defense of personal injury and property damage l...

Kurt Reitz
Partner
St. Louis

Carl is a trial lawyer who defends complex, high-profile cases.

Carl is a trial lawyer who defends complex, high-profile cases.

Carl Rowley
Partner
St. Louis

Retired Judge Booker Shaw is a skilled litigator and appellate advocate who brings valuable insight and perspective gained from his more than 25 years on the bench.

Retired Judge Booker Shaw is a skilled litigator and appellate advocate who...

Booker Shaw
Senior Counsel
St. Louis

Dave represents railroads and major manufacturers in environmental and occupational exposure litigation throughout the Midwest and across the country.

Dave represents railroads and major manufacturers in environmental and occu...

Dave Stratmann
Partner
St. Louis

Jason is a dynamic and highly effective litigator who develops and executes creative solutions to resolve product liability, personal injury, and commercial disputes in s...

Jason is a dynamic and highly effective litigator who develops and executes...

Jason Wheeler
Partner
Dallas

Dawn defends major product manufacturers and chemical distributors in products liability and mass tort litigation.

Dawn defends major product manufacturers and chemical distributors in produ...

Dawn Wright