Product Liability – Experience

Representative Matters

In state and federal courts throughout the country, Fox litigation teams have established a track record of success in product liability matters, often securing dismissals at summary judgment or winning key evidentiary rulings that can reframe the case for our clients.

We have represented: 

  • Sleep Number Corporation in a Missouri case alleging personal injuries in connection with an alleged product defect. Excluded Plaintiffs’ medical expert and two other experts, and prevailed on summary judgment.
  • S&C Electric Company in Minnesota alleging that its underground pad-mounted switch gear was defective, causing an arc-flash that injured an electric company employee.  Plaintiff voluntarily agreed to dismiss the case before discovery was completed without payment of any settlement amount.
  • Harris Products Group, an international supplier of brazing and soldering products, in a product liability lawsuit in West Virginia state court where the plaintiff alleged harmful exposure to Harris Products Group's brazing products and sought damages in excess of $1 million.
  • SPX Corporation
    • Secured a complete defense verdict in a multi-defendant product liability arbitration in the Philadelphia Court of Common Pleas for in which the plaintiffs alleged that they incurred property damage, medical injuries, and pain and suffering due to the failure of a boiler manufactured by SPX.
    • Secured a defense verdict for SPX’s subsidiary in a Florida federal court subrogation case alleging that a component part was defectively manufactured.
    • Obtained summary judgment in favor of SPX’s subsidiary in a New York state court case alleging strict liability and negligence.
    • Obtained summary judgment in a multi-party products liability case in New York state court in which the plaintiffs alleged that they suffered serious personal injuries as a result of a fire in their neighbor’s condominium that they believed was caused by a boiler designed and manufactured by SPX.
  • Merck Sharp & Dohme Corp.
    • Defense liaison counsel for Fosamax product liability cases. Day-to-day management of all cases and work with national counsel to secure multiple defense verdicts.
    • As defense liaison counsel for Propecia product liability cases. Day-to-day management of all cases and work with national counsel to establish the initial discovery protocol and case management procedures.
    • In a Zostavax product liability case, working closely with national counsel on litigation strategy, and providing guidance and recommendations regarding New Jersey procedure.
  • Continental Tire in the successful defense against 150 occupational disease cases alleging asbestos related diseases (cancers and asbestosis).
  • Monsanto
    • Defended against allegations arising from the Beverly Hills Supper Fire in Kentucky that product materials in the client’s environment unreasonably contributed to a rapid fire spread and toxic smoke.
    • Defended against thousands of individual claims for personal injury and property damage in Alabama.
    • Defended against a claim by the Commonwealth of Pennsylvania for costs allegedly incurred due to the presence of PCBs in building materials.
    • Secured dismissal of liability claims for cleanup costs under CERCLA and the N.J. Spill Act in New Jersey.
  • A propane manufacturer in a suit brought by a spray paint manufacturer who claimed defective aerosol supplied by the propane manufacturer caused defects in plaintiff’s spray paint products, thereby causing millions of dollars in damages. After three years of discovery, secured complete dismissal of the case due to discovery abuses by plaintiff.
  • A national beverage company in product liability and general liability claims.
  • A major pharmaceutical company in a private product liability arbitration involving more than 600 personal injury claims related to a pharmaceutical product.
  • An industrial products manufacturer in several multimillion-dollar product liability cases, obtaining dismissal with prejudice, without any settlement payment, of all claims and cross claims.
  • A specialty metals manufacturer after the failure of a newly constructed hydrochloric acid storage tank. Defended against design defect claims and multiple personal injury claims.
  • A global biological manufacturer as regional trial counsel, coordinating numerous product liability cases in a region stretching from the Pacific Northwest to Texas.
  • A major manufacturer of electrical components and equipment as national counsel in handling commercial and personal injury cases around the country and supervising local counsel handling smaller cases. Managed the investigation, development of an engineering solution, and worldwide implementation of a product replacement program that affected more than 10 million products sold by a major home electronics manufacturer.
  • A component supplier of an air separation unit, obtaining summary judgment in defense against claims of liability for an industrial explosion that caused serious personal injury and more than $30 million in property damage.
  • A major bicycle manufacturer as national counsel, coordinating their product liability litigation and recalls throughout the United States.
  • Two major manufacturers of asbestos-containing products in defending against more than 2,500 personal injury and wrongful death claims filed throughout the state of Washington.
  • A component supplier in successful defense against liability for a large industrial explosion and fire that caused multiple fatalities and injuries and more than $1 billion in property damages.
  • A prominent U.S. manufacturer in defending against a multi-million dollar product liability claim, arising from loss by fire in Alaskan waters of one of the largest American fish processing vessels.
  • The manufacturer and two alleged successors of rail car door components in a summary judgment dismissal of liability for an accident that caused severe injuries to the plaintiff, including paralysis. Other defendants in the suit participated in a $1.2 million settlement.
  • Pesticide manufacturers in defending against personal injury and property damage claims arising from allegations that their products contaminated ground and drinking water.