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Services Available
Experience As Regional and Local Counsel
Attorneys in the firm also serve or have served as local and regional trial counsel for defendants in mass tort and complex litigation involving pacemakers, pacemaker leads, over-the-counter cough medicines, pedicle bone screws, post-partum lactation suppression drugs, DES, L-tryptophan; artificial butter flavoring; DPT vaccine, polio vaccine, pesticides, asbestos, building products, automobiles, industrial equipment and machinery, manufactured homes, bicycles, and others. In handling these matters we have tried cases in state and federal courts and argued before appellate courts in many state and federal jurisdictions. In our role as national, regional and local counsel we have also handled prominent, media-intensive litigation. Several of the attorneys in our Mass Tort Practice Group have received formal media relations training. The firm has worked with its clients to develop public relations strategies which maintain client confidentiality while, at the same time, conveying appropriate messages through the electronic and print media. Mass Tort And Complex Litigation Tort System
In handling mass tort actions and other complex litigation, Dinsmore & Shohl LLP has developed sophisticated case management applications and provides technological assistance to clients in responding to discovery requests and collecting, organizing, storing and analyzing vast amounts of litigation and claims information in a secure web-based environment. These applications assist with organizing and delivering the day-to-day information required to manage large cases as well as complex legal issues at a broader level. Because our systems are able to handle many different types of information including scanned images, e-mail, and word processing documents, they provide a general framework for managing all aspects of complex litigation. Our technical consulting services include trial presentation preparation, assistance and training, in addition to set up and support of remote trial facilities. Representative Experience International Flavors & Fragrances, Inc.
Popcorn / Flavoring Litigation
Multimillion dollar personal injury claims and claims for punitive damages alleging strict liability, negligence, failure to warn, fraudulent concealment and conspiracy Cereal Manufacturer's Insurer
Anonymous Plaintiff v. Cereal Manufacturer
We represented the Defendant's insurer in a suit for $10,000 against a cereal manufacturer for Plaintiff's broken tooth due to an alleged foreign object in the cereal. The case was settled prior to mediation. Purdue Pharma, LP
OxyContin Litigation
Defense of claims based on the marketing of prescription pain relief medication Massey Energy Company; Allegheny Energy; Peabody Energy; Consol Energy; Bluestone Coal Corporation; Foundation Coal
Representation of Energy Industry Companies
Defense representation of companies in the energy industry American Motors; Chrysler Corporation; Sturm Ruger & Co., Inc.; Johns Manville Corp.; Black & Decker Corporation; The Procter & Gamble Company
Representation of Corporate Defendants
Defense of major cases involving primarily corporate defendants International Flavors & Fragrances, Inc.
Popcorn / Flavoring Litigation
Ohio Court of Appeals National Pharmaceutical Distributor of Phentermine
MDL 1023: In re: Diet Drugs
Multi-district product liability and personal injury litigation related to the diet drug commonly known as fen-phen Brown & Williamson Tobacco Corporation, American Tobacco Company
Mash v. Brown & Williamson Tobacco Corp.
Multimillion dollars sought in compensatory and punitive damages against major cigarette manufacturer, alleging strict liability, negligence, failure to warn, conspiracy and fraud, in connection with health issues related to smoking, cigarettes and tobacco Multiple Clients
Litigation Experience
Ms. Lydon has represented the following clients: The Procter & Gamble Company - Defense of Mass Tort Litigation
Yamaha Motor Corporation U.S.A. - Litigation Counsel
Anonymous Chemical Companies - Litigation Counsel; Defense of Mass Tort Litigation
Franciscan Sisters of the Poor Health System - Litigation Counsel and Risk Management
LCA Vision, Inc. - Litigation Counsel
CBS Personnel Services - Litigation Counsel
Humana, Inc. - Litigation Counsel
Shelter Insurance Companies - Litigation Counsel
Professional Risk Management Services - Litigation involving Psychiatrists
Inova Health System - Litigation Counsel
Anonymous Importers of Power Transmission Components - Litigation Counsel
FKI Logistex - Outside Counsel
Riverhills Healthcare, Inc. - Outside Counsel
Interlake Material Handling, Inc. - Litigation Counsel
HealthSouth - Resolution of disputes with Ohio entities
Anonymous Hospitals - Defense of RICO, Health Care Fraud, Qui Tam and Malpractice allegations
Health Care Providers - Litigation counsel; advisor on various issues including regulatory matters, fraud & abuse, licensure, credentialing, risk management, etc. General Contractor
Anonymous Plaintiff v. General Contractor
Defense of suit alleging construction defect General Contractor
Anonymous Plaintiff v. General Contractor
Product liability claim for construction defects involving EIFS Brown & Williamson Tobacco Corporation
Michael Thompson v. Brown & Williamson, et al.
Multi-million dollar product liability claim for compensatory and punitive damages against major cigarette manufacturer, including issues of strict liability, negligence, failure to warn and fraudulent concealment Manufacturing Company
Multiple Plaintiffs v. Multiple Manufacturing Companies
Benzene litigation General Contractor
Anonymous Plaintiff v. General Contractor
Defense of suit alleging construction defect Document Service Provider
Class Action Plaintiffs v. Document Services Provider
Class action suit alleging conspiracy to restrain employee compensation Schindler Elevator
Susan M. Mays v. Fourth Street Limited Partnership and Schindler Elevator
Claim for personal injury when elevator Plaintiff was riding in came to an abrupt stop and knocked her to the floor Witt Industries, Inc.
Witt Industries, Inc. v. Ziolkowski Construction, et al.
Breach of contract and negligence claims arising out of defective paint which began delaminating (peeling) from the interior of a steel galvanizing facility within just a few months after the building was constructed. Medical Device Manufacturer
Class Action Plaintiffs v. Medical Device Manufacturer
Class action by recipients of allegedly faulty medical device Plastics Manufacturer
Anonymous Plaintiff v. Plastics Manufacturer
Claims for personal injury and products liability against manufacturer of chair which broke Dow Corning Corporation
Silicone Breast Implant Litigation
Representation of leading silicone medical products manufacturer in multimillion dollar, multiple state and federal litigation, including MDL, involving issues of strict liability, negligence and failure to warn Dozens of General Contractors Nationwide and their Insurer
Serial Litigation Involving EIFS
National Defense Counsel for dozens of general contractors nationwide in mass tort and products liability litigation involving EIFS exterior cladding General Contractor
Anonymous Plaintiff v. General Contractor
Claim for construction defect and product liability Manufacturer of Dental Equipment
Anonymous Plaintiff v. Manufacturer of Dental Equipment
Claim alleging personal injuries from exposure to sewer gas Window Manufacturer
Anonymous Plaintiffs v. Window Manufacturer
Claim for product liability related to EIFS American Tobacco Company, Brown & Williamson Tobacco Corporation
Smoking and Health Litigation
Multimillion dollars sought nationwide in compensatory and punitive damages in litigation against major cigarette manufacturer involving issues of strict liability, negligence, failure to warn, fraud and conspiracy Stockhausen
Frederick Hilton v. Stockhausen, et al.
Claim of neurological impaiment as a result of chemical exposure General Contractor
Anonymous Plaintiff v. General Contractor
Product liability claim for construction defects related to EIFS R.J. Reynolds Tobacco Company
Defense of Tobacco Related Claims
Representation as West Virginia counsel in the defense of tobacco related claims Valleylab, Inc.
Geraldine Bish v. Greenville Hospital and John P. Scullin, M.D. v. Valleylab, Inc.
Product liability claim regarding medical device Multiple Clients
General Litigation Product Liability Litigation Mr. Eagen has been involved in product liability defense work for the full extent of his career representing manufacturers of exercise equipment, medical devices, toxic substances and various other products. Most recently he has been involved in major product liability litigation involving claimed defects in motor vehicle products. Insurance Industry Litigation Over the years Mr. Eagen has represented numerous insurance companies involving claims of bad faith, inappropriate claims handling and coverage issues. Asbestos Personal Injury Defense For over 30 years Mr. Eagen has represented numerous defendants in the asbestos personal injury litigation including the trial of cases in Michigan, Ohio and Pennsylvania. In the 1980's, Mr. Eagen was the lead defense attorney in southwestern Ohio for the Asbestos Claims Facility representing approximately 30 manufacturers and 20 insurers in the litigation. His original clients were The Celotex Corporation and Keene Corporation, manufacturers of asbestos-containing insulation. In recent years, Mr. Eagen has represented more peripheral defendants dealing with issues such as product exposure, medical causation, federal pre-emption and applicability of tort reform legislation. Mass Tort Litigation Mr. Eagen has been involved in the representation of defendants in mass tort litigation including suits involving asbestos, silica, breast implants and tobacco. Among other issues, this litigation involves MDL issues, class-action issues, industry-wide discovery issues and complex case management issues. Appeals Mr. Eagen has been involved in numerous appeals of matters he has tried and occasions where he has been retained as appellate counsel. This work has primarily taken place in the Sixth Circuit Court of Appeals and the First District Court of Appeals of Ohio. Commercial Litigation Mr. Eagen has been involved in a number of cases involving contract interpretation disputes primarily involving the construction industry. These lawsuits have involved cost overrun issues, bid document interpretation issues and specification compliance issues. Motor Vehicle Collision Litigation Historically, Mr. Eagen has represented numerous defendants in lawsuits involving motor vehicle accidents primarily as referrals from liability insurance carriers. Recently, Mr. Eagen has become involved on the plaintiff's side in a number of high-value motor vehicle accident cases. Professional Liability Mr. Eagen has represented doctors, podiatrists, hospitals and attorneys who have been sued for professional negligence. Most recently he is defending an investment advisor in a case involving ERISA and due-diligence issues. The Glidden Company
Frederick Moore v. The Glidden Company
Claims of personal injuries as a result of exposure to lead paint Medical Device Manufacturer
Anonymous Plaintiff v. Medical Device Manufacturer
Claims of product liability, breach of warranty and negligence with respect to a medical device used in cancer treatment Owens Illinois, Inc.
Asbestos Litigation
Claims of personal injury resulting from exposure to asbestos Painting Subcontractor
Hotel Owners v. Painting Subcontractor
Claim for construction defect and product liability American Tobacco Company
David Burton v. American Tobacco and R.J. Reynolds
Multi-million dollar product liability claim against major cigarette manufacturer involving issues of strict liability, negligence, failure to warn and fraudulent concealment National Seller of Manufactured Housing
Class Action Defense - Manufactured Housing
Class action allegations of product liability, fraud and RICCO violations related to the risk of fire and injury alleged in manufactured housing Turbine Manufacturer
Regional Gas & Electric Company v. Turbine Manufacturer
Claims of negligence, breach of contract and product liability with respect to the sale, construction and installation of a turbine generator Window Manufacturer
Anonymous Plaintiffs v. Window Manufacturer
Claim related to allegedly defective windows General Contractor
Anonymous Plaintiff v. General Contractor
Defense of claim of construction defect Omnitron International, Inc.
Joyner v. Indiana Cancer Center, et al.
Class action claiming strict liability, negligence and breach of warranty with respect to allegedly improper disposal of radioactive pellets used in cancer treatment Smoke Alarm Manufacturer
Anonymous Plaintiff v. Smoke Alarm Manufacturer
Claims of product liability and wrongful death against smoke alarm manufacturer Multiple Clients
Litigation Experience
Defending companies in: - MDL 1507: In re: Prempro Products Liability Litigation
- MDL 1407: In re: Phenylpropanolamine (PPA) Products Liability Litigation
- MDL 1057: In re: Telectronics Pacing Systems, Inc., Accufix Atrial "J" Leads Product Liability Litigation
- MDL 1023: In re Diet Drugs (Phentermine/ Fenfluramine/ Dexfenfluramine) Products Liability Litigation
- MDL 926: In Re: Silicone Gel Breast Implant Products Liability Litigation
Acting as national coordinating counsel in premises and products liability litigation Defending premises owner in environmental contamination class action litigation Acting as client advocate with regulatory agencies regarding compliance issues Conducting audits for corporations seeking advice regarding regulatory compliance and risk management matters Identifying and retaining experts in a wide variety of disciplines to address medical, environmental and business litigation issues Managing the retrieval, review and production of massive quantities of electronic and hard copy documents, including e-discovery Designing and managing litigation support databases for use in review and production of electronically stored data, daily client communication, preparation of uniform discovery responses and general case management Serving as Assistant Special Prosecutor for the State of Ohio in State of Ohio v. Marvin L. Warner, 55 Ohio St. 3d 31 (1990) Brown & Williamson Tobacco Corporation
Linda Welch v. Brown & Williamson, et al.
Lawsuit seeking millions in compensatory and punitive damages against major cigarette manufacturer involving issues of product liability, strict liability, negligence, failure to warn and fraudulent concealment Synthes
Lewis v. Synthes, et al.
Claim of personal injury as a result of the use of pedicle screws Robert Bosch Tool Corporation
In re: Silica Product Liability Litigation
Claim of personal injury as a result of exposure to silica Multiple Defendants
In re: New Steel Pails Antitrust Litigation
Price-fixing claim in excess of $10 million Insurance Company
Anonymous Plaintiff v. Insurance Company
Insurance coverage dispute Medical Device Manufacturers
Anonymous Plaintiff v. Medical Device Manufacturers
Claims of product liability, breach of warranty and fraud related to the alleged failure of a medical device Medical Device Manufacturer
Anonymous Plaintiffs v. Medical Device Manufacturer
Claims for breach of warranty, negligence and product liability Brown & Williamson Tobacco Corporation
In re: Tobacco Litigation: Medical Monitoring
Class action litigation against a major cigarette manufacturer involving issues of strict liability, negligence and a Prayer for Equitable Relief in the form of a multi-million dollar medical monitoring program for lung cancer and chronic obstructive pulmonary disease
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