Louis M. Bograd

  • Member at Motley Rice LLC (97 Attorneys)
  • 401 9th St., NW, Suite 1001, Washington, DC 20007
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Louis Bograd is a nationally recognized authority on issues of federal preemption, drug and device litigation, and jurisdiction.

He has devoted much of his professional career to litigating appeals on complex issues involving products liability, Medicaid lien reimbursements, constitutional rights, and civil liberties. At Motley Rice, Lou continues his focus on appellate issues and mass torts, further enhancing the firm’s active and growing complex litigation practice. Lou serves as co-chair of the Law & Briefing Committee for the National Prescription Opiate Litigation MDL, which is focused on combatting the alleged deceptive marketing and overdistribution of prescription painkillers.

Prior to joining Motley Rice, Lou served as an appellate advocate and Chief Litigation Counsel for the Center for Constitutional Litigation where he led work in mass torts, the Class Action Fairness Act, and dispositive motions concerning consumer protection and products liability. Lou argued for plaintiffs before the U.S. Supreme Court regarding federal preemption of claims against generic drug manufacturers in Pliva, Inc. v. Mensing and has also participated in numerous other Supreme Court cases as counsel for petitioners, respondents, and amici curiae.

Lou has spoken on various legal topics at many seminars, CLE programs, and legal conferences across the country sponsored by, among others, the American Association for Justice, state trial lawyers associations, and Mass Torts Made Perfect. Lou has also presented at judicial education programs sponsored by the Pound Institute, the Brookings Institution, the American Enterprise Institute, the Northwestern University School of Law, and the George Mason University School of Law.

Lou’s legal career began at Arnold & Porter LLP in Washington, D.C., where he managed and directed work on transfusion-associated HIV/AIDS cases on behalf of the American Red Cross. He subsequently served on the American Civil Liberties Union Foundation’s national legal staff and as the legal director of the Alliance for Justice. Lou has also taught advanced torts and products liability law as an Adjunct Professor at the University of Kentucky College of Law.

Selected Publications:

•Louis M. Bograd & Andre M. Mura, Buckman Stops Here! Limits on Preemption of State Tort Claims Involving Allegations of Fraud on the PTO or the FDA, 41 Rutgers L. J. 309 (2009)
•Louis M. Bograd, Be Careful What You Wish For: Drugmakers, the First Amendment, and Preemption, 51TRIAL24 (Nov. 2015)
•Louis M. Bograd, Preemption’s Uncertain Path, 47 TRIAL 20 (Nov. 2011)
•Louis M. Bograd, W(h)ither Preemption?, 45 TRIAL 24 (Nov. 2009)
•Louis M. Bograd, Taking on Big Pharma- and the FDA, 43 TRIAL 30 (Mar. 2007)

Related Content

Recent Blog Posts

March 27, 2017

An Existential Threat to State Mass Tort Litigation

by: Louis M. Bograd

Related News

March 15, 2019

Zofran birth defect claims allowed to proceed

March 13, 2019

Asbestos litigation against Chevron to continue, N.Y. Court of Appeals orders

March 11, 2019

Law360 names Motley Rice a 2018 Consumer Protection Group of the Year

Areas of Practice (6)

  • Asbestos Exposure
  • Medical Devices
  • Medical Drugs
  • Motley Rice - Firm Wide
  • Securities Class Actions
  • Toxic Exposure

Education & Credentials

Contact Information:
202-386-9623  Phone
202-232-5513  Fax
University Attended:
Princeton University, A.B., 1981
Law School Attended:
Yale Law School, J.D., 1984
Year of First Admission:
U.S. District Court for the District of Columbia; U.S. Court of Appeals for the First, Third, Fourth, Fifth, Sixth, Eighth, Ninth, Tenth, and D.C. Circuits; Kentucky; 1984, District of Columbia; U.S. Supreme Court


•American Association for Justice: Chair, Preemption Litigation Group; Member, Legal Affairs Committee

Reported Cases:
Casework: Opioid Litigation: The growing opioid epidemic crosses virtually all demographics, and with more than half a million related deaths recorded in the U.S. since 2015, the crisis has officially been declared a public health emergency.; Essure Lawsuit: The Essure permanent birth control procedure has been linked to severe complications such as chronic pelvic pain, device migration and death.
Payment Information:
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Washington, District of Columbia

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