Jenner & Block

Products Liability

We handle complex commercial litigation matters for large corporations including product liability and mass tort defense in a wide range of industries. We are trial lawyers, first and foremost, and use our vast trial experience and scientific knowledge to defend our clients against claims of personal injury, property damage and economic losses. We master the science inherent in each case and convert technical concepts into propositions that are meaningful to a judge and jury. We partner with in-house counsel, combining early strategic thinking and efficient litigation techniques to obtain the best business result for our clients.

Our products liability and mass tort experience is broad, and we have a depth of experience in diverse industries and types of cases including chemical & toxic exposure, food contamination, consumer fraud class actions, pharmaceutical and medical devices, automotive, product defects, aviation, and mass accident cases.  In addition, we counsel clients on regulatory compliance issues for their products to reduce the risk of liability while maintaining our clients’ business objectives, and develop cost effective recall plans when our clients are faced with defective or contaminated products. We work side-by-side with the Firm’s Environmental Law practice on chemical & toxic exposures cases and with the Insurance Litigation & Counseling practice to help our clients recover their losses and defense costs for product liability and mass tort claims.

A primary component of our approach to defeating claims is challenging the “junk science” espoused by opposing experts through creative application of the Daubert (federal) standard or Frye (state) test.  We are conscious of the human element in product liability and mass tort cases, and get at the core of plaintiffs’ claims to craft a fact-based defense built on bedrock science.  Our unique strategies related to science, whether at trial, settlement, or through Alternative Dispute Resolution, favorably position our clients.

Our approach to case management emphasizes litigation efficiencies, and we routinely engage in early case assessment of risks and strategies, front-end trial readiness, collaboration and leveraging with other firms, innovative expert and jury work, and other techniques designed to reach an early and favorable result.

Members of our practice are leaders in the defense bar and we regularly speak and write about the latest developments in products liability and mass tort litigation.  Our practice co-led the writing of the comprehensive PLI treatise titled Product Liability Litigation: Current Law, Strategies and Best Practices.