Product Liability Practice

Heller Ehrman represents and defends manufacturers, intermediaries and others in legal matters that arise in the life of their products and from their services and operations. Our attorneys provide preventive counseling, alternative solutions and, when necessary, aggressive litigation services. We have handled actions involving products from aircraft components to vaccines and on behalf of a variety of industries, including manufacturing, services, electronics and life sciences. Our attorneys work closely with experts in the fields of epidemiology, toxicology, chemistry/biochemistry and other scientific disciplines relied upon in modern toxic tort cases.

We have extensive experience handling large class action lawsuits, as well as serving as national coordinating counsel when multiple claims are involved. We work with clients to find innovative solutions to end litigation sooner by successfully extending legal doctrines favorable to the defense or by limiting those that are potentially dangerous. Our attorneys have a successful record of defeating class certification in cases involving “ long term” toxic torts and in limiting or precluding use of medical/economic and statistical damage models. In addition, we provide federal and state regulatory counseling on proposed and existing products, prepare warranties, product-use instructions, warnings and labeling, and advise on product recalls.  

Facts About Our Practice

• Nationally recognized litigation team includes with more than two dozen attorneys who focus on claims involving product liability and toxic tort claims at the trial and appellate levels.
• Leader in serving as national and regional coordinating counsel, handling some of the largest and most complex lawsuits in the country, including our longtime representation of Philip Morris in tobacco health litigation that has shaped the industry defense in the United States and abroad.
• Handled some of the largest toxic tort lawsuits in the United States, including defense of a leading miner, refiner and smelter in the largest mass tort class action in Washington state, as well as representation of several major oil pipelines in actions following the Exxon Valdez oil spill in Prince William Sound.

Our Capabilities

Preventative Counseling

We help clients avoid litigation by identifying possible areas of exposure prior to the onset of litigation. Our attorneys counsel on product recall issues to minimize or prevent exposure to product liability claims. We review company records and record-keeping practices, communications with suppliers, consultants and regulatory agencies, and internal studies on products to identify potential problem areas and suggest mitigation steps to resolve them. We also work with clients on measures such as product audits to reduce the likelihood of product liability claims.

National Coordinating Counsel

We monitor and coordinate the defense of multiple actions brought in different jurisdictions to present a coherent defense that takes into account our clients' business and litigation goals. We use tailored databases and imaging systems to manage complex discovery involving production of millions of pages of documents (including electronic media). Our attorneys are familiar with the frequent “players” in consumer litigation, particularly  national and regional plaintiff firms and their respective talents and propensities. We consistently use this knowledge and experience – and our talents as aggressive advocates – to achieve favorable results for our clients.

Consumer Litigation Defense

Over the last 20 years, changes in the legal environment have led to a sustained increase in the number and variety of legal challenges to the business practices of our clients. Our attorneys have extensive experience in the rapidly developing law relating to business practice and consumer claims of all types. We have a broad and deep understanding of California’s Unfair Competition Law, section 17200 et seq. of the California Business & Professions Code.

Insurance Coverage

We represent insurance policyholders in a variety of coverage issues arising out of insurance for environmental, toxic tort and product liability disputes. We analyze insurance coverage issues for our clients and achieve payments for liability and defense costs through negotiation or litigation.

Contacts

Paul W. Sugarman
paul.sugarman@hellerehrman.com
+1 (415) 772-6217

Attorneys

Anna S. McLean anna.mclean@hellerehrman.com	San Francisco +1 (415) 772-6170
Curtis M. Caton curt.caton@hellerehrman.com	San Francisco +1 (415) 772-6092
John C. Ulin john.ulin@hellerehrman.com	Los Angeles +1 (213) 689-7609
Kenneth E. Payson ken.payson@hellerehrman.com	Seattle +1 (206) 389-4222
Nancy Sher Cohen nancy.cohen@hellerehrman.com	Los Angeles +1 (213) 689-7689
Paul W. Sugarman paul.sugarman@hellerehrman.com	San Francisco +1 (415) 772-6217
Peter A. Danelo peter.danelo@hellerehrman.com	Seattle +1 (206) 389-6008
Raymond H. Sheen ray.sheen@hellerehrman.com	San Francisco +1 (415) 772-6887
Rene L. Siemens rene.siemens@hellerehrman.com	Los Angeles +1 (213) 689-7583
Rima J. Alaily rima.alaily@hellerehrman.com	Seattle +1 (206) 389-6081
Stephen A. Tuggy steve.tuggy@hellerehrman.com	Los Angeles +1 (213) 689-7520
Wondie Russell wondie.russell@hellerehrman.com	San Francisco +1 (415) 772-6294