Practice Areas & Industries: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC

Practice/Industry Group Overview

Product liability cases present complicated legal issues for manufacturers, distributors and retailers, and often carry the risk of substantial financial exposure. Baker Donelson trial attorneys have extensive experience defending products liability and toxic tort cases, many of which involve class action claims with far-reaching implications. Their experience includes defending companies in lawsuits alleging the defective design and manufacture of products - such as motor vehicles, orthopedic devices, pharmaceuticals, breast implants, asbestos and tobacco - and defending environmental and toxic tort claims for many types of manufacturers and distributors, including mining companies and generators of radioactive waste. Our attorneys' experience in this field has earned Baker Donelson top recognition from The Best Lawyers in America® in both Product Liability Litigation and Mass Tort Litigation, with more lawyers listed than any other firm in the nation. Baker Donelson attorneys are often selected as supervising counsel in products liability cases and are experienced in managing the defense of large class action and multiple-suit litigation in these areas.

Baker Donelson's tort lawyers have also defended numerous cases involving serious personal injury or death, and have developed special knowledge of the unique liability issues faced by the transportation industry and by the health care industry, including nursing homes and other medical service providers.

Our depth of experience in defending products liability and tort cases enables us to identify the dangerous cases and conclude them on terms most advantageous for our clients.

Representative Matters

• Won a $3 million products liability case for one of America's largest motor companies on a directed verdict.
• Defended major automotive manufacturer in a motor vehicle accident case in which the plaintiff's decedent alleged that an employee rear-ended the vehicle, causing injuries, permanent disability and eventual death. Plaintiff filed a motion for sanctions for bad faith negotiations, and manufacturer did not accept the plaintiff's lowest settlement demand of $4 million. Ultimately, the jury found the death unrelated to the accident and awarded the plaintiff $218,000 for personal injuries.
• Settled wrongful death suit avoiding complex litigation. The plaintiff had asserted claims for negligence related to medical case management and sought punitive damages.
• Represented spinal screw manufacturer in mass tort litigation (over 1,600 separate plaintiffs in 35 state and federal cases) involving claims of manufacturing defects and multiple FDA violations. Obtained 25 summary judgments, seven affirmances on appeal, ultimate dismissal of all claims and no judgment against the client.
• Defended major tobacco manufacturer in series of smoking and health cases in Tennessee. Four-month trial resulted in defense verdict in consolidated case involving three plaintiffs; voluntary dismissal of numerous other cases.
• Served as national and regional trial counsel for manufacturers of asbestos textile and insulation products, responsible for supervision of local counsel and trials in 13 states. Successful jury trials in Florida, Louisiana, Michigan, Ohio and South Dakota, and multiple mass settlements.
• Defended major tobacco manufacturer in numerous smoking and health lawsuits and environmental tobacco smoke cases in Mississippi. Defense verdict in trial of case alleging exposure to environmental tobacco smoke. Approximately 400 cases still pending.
• Represented major automobile manufacturer in fraud and conspiracy mass tort case filed by 285 plaintiffs. Jury verdict for client.
• Lead trial counsel for major domestic and foreign automobile manufacturers in Tennessee, Maryland, Virginia, North Carolina, Kentucky, Georgia, Florida, Alabama, Mississippi, Louisiana, Texas, Indiana, Michigan, the District of Columbia and Puerto Rico.
• Represented French manufacturer of jet engines in suit by commuter airline, alleging that defective engines caused failure of airline. Favorable settlement.
• Represented breast implant manufacturer in over 200 cases alleging manufacturing defects. All cases resolved to client's satisfaction; no judgments against client.
• Represented drug manufacturer in case alleging use of defective preservatives. Case dismissed.
• Achieved dismissal of class action suit brought against pharmacy chain for dispensing drug recalled by the FDA.
• Defended class action products liability claims regarding plastic vent pipe for water heaters.