Product Defense and Insurance
Products sometimes attract tort suits alleging harm and seeking significant damages. Beveridge & Diamond’s litigators include former Department of Justice lawyers and federal judicial law clerks who defend complex litigation in federal and state courts across the country. They leverage the Firm’s detailed familiarity with the underlying regulatory requirements, as well as creative and effective litigation skills, to defeat product claims on the pleadings, at summary judgment, and at trial or on appeal.
We have convinced many state courts to apply a Daubert
level of scrutiny to plaintiffs’ causation theories and are adept at working with our clients to marshal scientific literature to defeat opposing experts.
Beveridge & Diamond also has extensive experience with alternative dispute resolution, which can bring lawsuits to a conclusion more quickly and cheaply than through litigation.
Our insurance recovery practitioners are skilled in securing and enforcing liability insurance coverages purchased to protect against the expense of complex product litigation.
Among other things, our product defense litigation and insurance team has:
- Led national defense efforts spanning many federal and state courts involving a growing number of groundwater contamination claims pertaining to chemicals.
- Successfully defended toxic tort claims involving allegations of harmful chemical and microbiological exposures from our clients’ products.
- Serve as national counsel to a major petroleum refiner in all product liability litigation related to a gasoline blending component. These cases include class actions brought by private well owners, suits by water authorities, suits by municipalities, and cases brought by states. Various plaintiffs have pursued recovery for alleged personal injuries, medical monitoring, property damages and business losses. The states that are plaintiffs also seek natural resource damages. In addition to product defect and failure-to-warn claims, the cases also include claims based upon negligence, trespass, public and private nuisance, and alleged violations of state consumer protection statutes.
- Won the dismissal of a multi-million dollar products liability case alleging that the manufacturers of certain electrical equipment fraudulently misrepresented, and failed to warn plaintiffs of, risks associated with the products.
- Won the dismissal of a nationwide class action by a group of water treatment facilities alleging that use of a herbicide resulted in contamination of their water supplies.
- Helped shape corporate strategy to defend products made with a chemical under attack in the media and before scientific and regulatory agencies.
- Successfully obtained insurance coverage, both in litigation and in settlements with carriers, for clients facing product, toxic exposure and mass tort liability claims involving asbestos, lead paint, and environmental contaminants.
- Won key appellate rulings on insurance coverage issues, including the breadth of an insurance company’s duty to defend its policyholder in product liability litigation.
- Maximized our clients’ insurance coverage by securing favorable court rulings permitting recovery under lost or missing policies.
- Proactively audited and reviewed clients’ business insurance programs, recommending policy enhancements for more coverage predictability and fewer disputes with carriers.