Product Liability

We defended an international product testing and certification organization in a series of lawsuits alleging that it had fraudulently applied its certification criteria and colluded with certain manufacturers to understate the safety risk for users and consumers on certain products and materials. Case discovery focused on whether the certification or mark constituted a fraudulent representation and the issue of reliance. We successfully moved for dismissals in every case in which the client was named, and halted a potential string of new lawsuits to follow.

The plaintiff was a former movie actress whose adjustable bed caught fire apparently following a lightning strike. Plaintiff filed suit against the seller in Oregon state court, alleging the destruction of her home and the loss of valuable Hollywood memorabilia, including an original script of Alfred Hitchcock's "Vertigo," in which the plaintiff had starred. The retail sales distributor of the bed sued our client, seeking contribution and indemnity. We documented the manufacturer's original design criteria and chain of distribution in the US to establish that the wiring schematic was modified after the motor had left tour client's control. As a result, the US seller/third-party plaintiff voluntarily dismissed its claims against our client.

Several decades had elapsed since the date of the alleged acquisition, and there was no direct evidence of the terms of the transaction. We established that a separate corporation had acquired and dissolved the client's alleged predecessor, and that the predecessor had only purchased the technology and design patterns, not stock. We vigorously defended the company throughout discovery and a corporate deposition, and later moved for summary judgment. Following extensive briefing and argument, the trial court entered summary judgment in the client's favor on that issue and fashioned an order which has since been adopted in subsequent cases to prevent liability.

The plaintiff alleged fraud in connection with the client's dissolution. We worked with corporate and outside counsel to defend the client's corporate deposition and moved for summary judgment, arguing that the client's dissolution occurred in the normal course in order to effect a consolidation and that there was no evidence of fraudulent reorganization in anticipation of product liability litigation. Just prior to argument, the parties mediated and achieved the client's litigation goals.

Plaintiff was a career commercial laundry sales manager who alleged that his past work around flatwork ironer components caused asbestosis. We prepared a "state-of-the-art defense," including the historical development of commercial textiles and patents to provide a context for evolving industrial hygiene and regulatory standards and technological developments. The case was tried for more than two weeks, with a jury verdict favorable to the client.