Product Liability

Paul, Weiss has achieved significant results in some of the largest product liability cases of the last few decades. We have handled cases where the stakes are the highest, safeguarding our clients’ hard-earned reputations, and saving them billions of dollars.

In bet-the company cases, clients turn to our product liability practice for the skill and insight that has earned our firm the designation of being one of the three most innovative firms in the country. No two litigations are alike: We craft our approach to each case with our clients’ unique needs and circumstances in mind. Most recently, a team of our award-winning trial lawyers represented Pfizer, as lead counsel, achieving three consecutive jury trial victories in product liability litigation relating to the hormone therapy drug Prempro.

Why Paul, Weiss?

Handle every case as though it's headed to trial. That's the guiding philosophy of the product liability practice group at Paul, Weiss. Our trial-oriented strategy plays out in the early stages of any case the group takes on because our lawyers focus an intense effort on the discovery and deposition stage, gathering the necessary information to succeed if the case goes to trial. This strategy requires close collaboration with our clients to clarify and narrow the potential issues in the case and to create a plan to navigate effectively the challenges. Our focused, proactive approach delivers better results for clients. This approach is also cost-effective for our clients, as we ferret out the most salient issues surrounding the initial claims through focused and intelligent discovery and prepare to weaken the logic supporting our opponent’s argument.

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Our Practice

Our experience and reputation have led clients to seek our advice on all phases of product liability litigation, case management and counseling. Our domestic and non-U.S. clients turn to us to represent and advise them on a wide range of product liability matters, ranging from asbestos products to helicopter crashes and other catastrophic circumstances giving rise to actual or potential liability. We are skilled at coordinating multi-jurisdictional litigation. We have also argued and defeated class certification motions in several state courts and won outright dismissal of these actions in other states.

The firm has taken an active role in both the defense and prosecution of design defect cases that have not resulted in personal injuries and has also successfully prosecuted product liability actions for governmental agencies arising out of defectively designed products. Paul, Weiss lawyers have also been active in litigation assessing governmental responsibility for damages in product liability cases.

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Clients

We have defended major industrial and medical product companies, prosecuted design defect claims for governments, and negotiated and administered landmark product liability settlements. Some of our representations have included work on behalf of:

Altria and Philip Morris USA
Boeing
GAF Corporation
General Motors
Manville Personal Injury Settlement Trust
Merck
Mitsubishi Heavy Industries
New York City Transit Authority
Pfizer
Take-Two Interactive
Valley National Gases
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Industries

Paul, Weiss has handled a wide variety of product liability cases and has dealt with a long list of industries and products, including:

Automobiles
Asbestos
Cigarettes
Gasoline pipes
Helicopters
Medical devices
Medical products
Nuclear power plant valves
Pharmaceuticals
School buses
Washing machines
Wood and paper products
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Recognitions

Our Product Liability Group has built a stellar reputation. Some of our recent honors have included:

Best Lawyers named Paul, Weiss lawyers of choice for bet-the-company litigations in 2007-2011.
The American Lawyer named Paul, Weiss “Litigation Department of the Year” in 2006 and a finalist for the same award in 2010 (the survey is conducted every two years).
Chambers USA ranked ten of our litigation lawyers as “top-tier” practitioners in 2011.
The National Law Journal recognized Paul, Weiss litigation partners in its “Winning” lawyers feature in 2005, 2007, 2009, 2010 and 2011.
Lawdragon named nine Paul, Weiss litigation partners as Leading Lawyers in America in 2010.

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Representative Engagements

The Boeing Company in connection with the defense against design defect claims in the $20 billion property damage lawsuits filed against the airline industry for causing and failing to prevent the destruction of the World Trade Centers on September 11, 2001.

The Manville Personal Injury Settlement Trust, as the court-appointed legal representative of future claimants who may fall victim to Manville asbestos-related disease in connection with the operation of the Manville Personal Injury Settlement Trust.

Merck in the defense against personal injury claims that Vioxx causes heart attacks.

Pfizer in four successive jury trial victories relating to whether the hormone therapy drug, Prempro, caused breast cancer. In each case (two in Pennsylvania state court, one in federal court in Virginia, and one in federal court in Nebraska), the jury determined that Pfizer was not liable for any damages.

Philip Morris USA, where we led the trial defense in the RICO case brought by the U.S. government that unsuccessfully sought $280 billion in disgorgement for an alleged conspiracy to conceal the health risks of cigarettes.

Philip Morris USA, in the company’s first “Lights” class actions to reach a jury. The plaintiffs claimed they were entitled to billions of dollars of damages for purchasing and smoking Marlboro Lights. Paul, Weiss secured a mistrial and avoided liability for Philip Morris USA.

Take-Two Interactive, a video game maker, where we won dismissal of a wrongful death lawsuit claiming that its top-selling Grand Theft Auto game was responsible for training and causing a teenager to commit murder.

Valley National Gases, a welding rod distributor, where we supervised the defense strategy in the MDL and state lawsuits for allegedly causing manganese poisoning, Parkinson’s and other diseases.

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