José A. Isasi, II, has 19 years of experience representing Fortune 500, mid-sized and small businesses in complex litigation before state and federal courts. José has broad trial experience, having served as lead trial counsel or co-lead counsel in numerous federal and state jury and bench trials in products liability and commercial disputes across the country. He has also conducted several arbitrations before the American Arbitration Association in construction and commercial cases. José focuses on defending product manufacturers in individual, multidistrict and class action personal injury litigation, with an emphasis on pharmaceutical and medical device manufacturers, and represents businesses in complex commercial cases. He also regularly counsels his clients on strategies to minimize risks and proactively resolve disputes short of litigation.
Areas of Concentration
· Products liability, pharmaceutical and toxic tort litigation
· Complex commercial litigation
Significant Representations
· Serves as national counsel to a multinational pharmaceutical manufacturer, representing this client in the defense of personal injury suits and proactively counseling on litigation and regulatory risks.
· Lead counsel representing former executives of a pharmaceutical company in multidistrict litigation alleging product liability and consumer fraud claims arising from a Class I recall of an allegedly improperly manufactured heart medication.
· Lead counsel representing manufacturer of surgical devices utilized during "beating heart" surgery in defense of lawsuit claiming design defect that allegedly led to the death of a patient undergoing surgery. Akers v. Geiss, M.D. et al. (Cir. Ct. Peoria Cty, Ill. Case No. 09-L-229)
· Lead counsel representing medical device manufacturer in defense of claims of multiple failures of implantable cardioverter defibrillators and leads, allegedly resulting in significant injuries and several corrective surgeries. Kavalir v. Medtronic, Inc. (U.S. Dist. Ct. N.D. Ill. Case No. 07-CV-835)
· Lead counsel representing both a products manufacturer and a government contractor in litigation alleging workers were seriously injured due to mercury spills and exposure to mercury-containing products at the Los Alamos National Laboratory government research facility. Lemanski v. Regents of the University of California, et al. (U.S. Dist. Ct. N.D. Cal. Case No. 08-00548)
· Lead counsel representing several corporate and individual defendants in litigation pending in the Southern District of New York. Obtained dismissal at the pleadings stage of more than two dozen claims against several corporate and individual defendants. The claims, which include breach of contract/fiduciary duty and RICO, arise from the sale of participation interest in pooled mortgages insured by the FHA. Physicians Mutual Ins. Co., et al., v. Greystone Servicing Corp., et al., (U.S. Dist. Ct. S.D.N.Y. No. 07CV10490)
· Counsel for Medtronic, Inc. in multidistrict litigation pending in the District of Minnesota, overseeing multiple aspects of expert discovery. This was significant litigation for Medtronic, involving one of its most important products and divisions including 34 putative class actions, more than 30 state court actions, and over 300 cases in total. The case involves allegations of products liability as well as third-party beneficiary and Medicare secondary payor claims. The potential claimants against Medtronic number 87,000.
· Regional counsel for a national identity theft protection service in a series of putative class action suits alleging consumer fraud and deceptive business practices. These suits were successfully transferred to a multidistrict proceeding in the District of Arizona and ultimately settled after class-focused discovery.
· Lead trial counsel in two-week jury trial representing a government contractor at Los Alamos National Laboratory against several individuals who claimed to have been exposed to toxic gases while working at the Lab's plutonium processing facility due to intentional misconduct. The jury returned a complete defense verdict in favor of our client. Pearson, et al., v. Board of Regents of the University of California, et al., (Santa Fe Cty. Court No. CV-2004-01655)
· Lead counsel in numerous property damage and personal injury lawsuits across the county arising from indoor air quality claims and mold exposure. Obtained summary judgment or other dismissal of all claims without any findings of liability or payment of any money in settlements. Town of Fairfield v. Johnson Controls (CT. Super. Ct. No. CV 02 0175746S),Smith v. Key Bank of Vermont, et al. (VT. Super. Ct. No. 198-4-03), Travis County v. Con-Real, et al. (TX. Dist. Ct. No. GV 303683), J & A Mechanical, Inc. v. Johnson Controls (TN Chanc. Ct. No CH-05-1625-1)
· Lead counsel representing a component manufacturer in products liability litigation arising from a worksite explosion. After aggressively pursuing discovery of the scientific basis for the plaintiffs' claim, the plaintiffs' expert conceded no reliable theory of product failure existed and the claims were dismissed with prejudice. Bunces, et al. v. Johnson Controls, Inc. et al., (Cir. Ct. Montgomery Cty., MD, No. 232154-V)
· Lead counsel in construction litigation seeking more than $1 million in damages arising from faulty design and project management. Obtained a favorable settlement against one defendant and a judgment in our client's favor on all counts against the other defendant.Meares & Garcia v. Grund & Riesterer Architects, et al. (Cir. Ct. Cook Cty., IL. No. 2005 L 005593)
· Lead trial counsel in a bench trial before the Delaware Chancery Court representing stockholders in litigation against their company seeking to compel a stockholder meeting. At the conclusion of the trial, the Chancellor ruled directly from the bench and granted a verdict for all relief sought by our clients. Bender & Bender v. Pace American, Inc. (Del. Chanc. Ct. No. 2041-N)
· Lead trial counsel in a four-week federal jury trial representing an individual consumer who alleged that a major interstate moving company breached its contract and engaged in racketeering activities in the course of performing interstate household moves. The case settled after a jury awarded damages to our client. Chen v. Mayflower Transit, Inc. (N.D. Ill. No. 99 C 6261)
· Lead trial counsel in a one-week federal bench trial representing a corporation in post-sale dispute over failure to disclose material liabilities during an asset sale. Court awarded our client significant damages and costs, after which the case settled on very favorable terms for our client. Bennett Three Leasing, Inc. et al. v. Consolidated Medical Transport, Inc. (Bkrtcy., N.D. Ill. Advsy. No. 01 A 458)
*Certain of the above representations were handled by José prior to his joining Greenberg Traurig, LLP.
Professional & Community Involvement
· Faculty Member, TIPS/ABOTA National Trial Academy, 2011
· Chair of the Board of Directors, Chicago Committee on Minorities in Large Law Firms, 2009-present
· Co-Chair, Chicago Community Trust's Young Leader's Fund, 2006-2008
· Defense Research Institute
- Drug and Medical Device Committee Member
- Products Liability Committee Member
- Commercial Litigation Committee Member
· American Bar Association, Litigation Section's Insurance Coverage Committee
- Website Managing Editor, 2006
- Co-Chair, Programming Subcommittee, 2004-2006
- Co-Chair, 15th Annual Mid-Year Meeting, 2003
- Co-Chair, Products Liability Subcommittee, 1999-2002
· President, Duke University Club of Chicago, 2006-2009
· Adjunct Professor of Evidence, DePaul University College of Law, 1997-1998
· Minority Trial Lawyer Committee, American Bar Association's Section of Litigation, 2006-present
· National Institute for Trial Advocacy (NITA) Advocates Association
· Hispanic National Bar Association
· Hispanic Lawyers Association of Illinois
Awards & Recognition
· Listed, Leading Lawyers Network (2009-2012)
· Listed, Super Lawyers magazine, Illinois Super Lawyers (2006, 2008-2012)
· Team Member, Law360 "Product Liability Practice Group of the Year" (2011)
Articles, Publications, & Lectures
Articles
· Mentioned, "In Re Propoxyphene Products Liability Litigation," The American Lawyer, May 1, 2012
· Article Subject, "D&B Association Focus: Chicago Committee on Minorities in Large Law Firms," Diversity & The Bar, March/April 2010
· Author, "Bad Faith Refusal to Settle," chapter in IICLE Practice Handbook Illinois Causes of Action, 2005
· Author, "Back to the Future," CPCU Journal, Vol. 48, No. 41, December 1995
Speeches
· Speaker, "Can You Keep a Secret? Confidentiality Considerations for Litigation in the Digital Age," Personal Care Products Council's Legal and Regulatory Conference, May 19, 2011
· Panel Chair, "View from the Bench: The Judicial Perspective on Daubert Motions and Challenges," ACI Chemical Products Liability & Environmental Litigation Conference, April 27, 2011
· Panel Chair, "Judicial Insights on Current Product Liability Trends for Life Science Products," American Conference Institute's Products Liability Boot Camp for the Life Science Industry, New York, New York, July 21 - 22, 2010
· Conference Chairman and Speaker, "Examining the Future of Preemption as a Defense Strategy," Marcus Evans Legal Series 6th Annual Drug & Medical Device Litigation Forum, April 15 - 16, 2010
· Speaker, "Alternative Fee Arrangements: Maximizing Your Relationships With Diverse Outside Counsel," Corporate Members Meeting of the Chicago Committee on Minorities in Large Law Firms, February 11, 2010
· Speaker, "Ethics Jeopardy," ABA Annual Meeting, Chicago, July 30 - August 4, 2009
· Speaker, "Drug and Medical Device Product Liability Pre-Trial Preparation: Daubert Motions, Summary Judgment and Other Preemptive Defenses," 3rd Annual Drug and Medical Device On Trial Conference, June 24 - 25, 2009
· Conference Chairman and Speaker, "Exploring How Recent Rulings in Pre-Emption Will Change the Face of Litigation," Marcus Evans Legal Series 5th Annual Drug & Medical Device Litigation Forum, March 2, 2009
· Speaker and Conference Chairman, "Understanding the FDA and the Evolution of Regulations: The Key to Making Your Company Better Prepared," Marcus Evans Legal Series 5th Annual Drug & Medical Device Litigation Forum, March 2, 2009
· Speaker, "Preventing Charges of Off-Label Promotion When Disseminating Clinical Trial Materials," 11th Annual Managing Legal Risks in Clinical Trials Conference, February 25, 2009
· Speaker, "Negotiating and Drafting Effective Alternative Fee Arrangements," American Conference Institute's 2nd Annual Corporate Counsel Forum on Reducing Legal Costs, February 11, 2009
· Speaker, "Exploring the Intersection of Regulatory Oversight and Consumer Fraud Litigation," American Conference Institute's Drug and Device Forum on Defending Consumer Fraud Economic Injury Claims, September 23 - 24, 2008
· Speaker, "Practical Defense Issues," Insurance Coverage 2008: Claim Trends & Litigation, Practicing Law Institute, May 19 - 20, 2008
· Speaker, "Ethics Jeopardy," ABA Section of Litigation's Insurance Coverage Litigation Committee CLE Seminar, March 1, 2008
· Speaker, "Swift and Constant Attacks by the Press and Academic/Scientific Sources," American Conference Institute's 12th Annual Drug and Medical Device Litigation Conference, December 12 - 14, 2007
· Speaker, "Practical Defense Issues: Standards for Notice and CGL Claims Handling," Insurance Coverage 2007: Claim Trends & Litigation, Practicing Law Institute, May 21 - 22, 2007
· Speaker, "May it Please the Court: Insurers v. Policyholders...and Other Catastrophes!" ABA Section of Litigation's Insurance Coverage Litigation Committee CLE Seminar, Tucson, March 1, 2007
· Speaker, "Settlement Strategies," Practicing Law Institute's Insurance Coverage: Claims Trends & Litigation Conference, May 2006
· Speaker, "Ethical Obligations to Advise on Insurance Coverage," HarrisMartin Publishing Mass Torts Conference, Las Vegas, April 2006
· Lecturer, "Electronic Discovery," MCCA Midwest Meeting, Chicago, March 2006
· Speaker, "The Use of Lay Experts and Opinions on Specialized Knowledge in Drug Cases," ALI-ABA Advanced Course of Study: Pharmaceutical and Medical Device Issues, San Francisco, California, August 2005
· Speaker, "Do You Know if Your Client Has Insurance Coverage," ABA Annual Meeting, August 2005
· Speaker, "Key Issues for Final Trial Preparation," ALI-ABA Advanced Course of Study: Products Liability, July 2004
· Speaker, "The Latest on Coverage Dynamics," ABA Section of Litigation Annual Conference, Scottsdale, May 2004
· Speaker, "Discovery, Strategy & Case Management Issues," Practicing Law Institute's Insurance Coverage: Claims Trends & Litigation Conference, February 2004
· Speaker, "Chen v. Mayflower: The Trial Of A RICO Suit," ABA Annual Meeting, Atlanta, 2004
· Speaker, "The Tripartite Relationship: Ethical Obligations and Issues," ABA Annual Meeting, New York, July 2000