Jenner & Block

Commercial Claims for Product Defects

Jenner & Block has represented manufacturers seeking indemnification for customer claims and recovery of lost profits and damages to reputation as a result of the purchase of defective raw materials from other suppliers and the subsequent market withdrawal of its products. As examples, we successfully represented a global pharmaceutical manufacturer seeking damages from a supplier of contaminated chemical ingredients used in pharmaceutical products, and a major food manufacturer seeking damages from a supplier of defective food wrap that resulted in a nationwide market withdrawal of a product.

The following are Commercial Claims for Product Defects representative engagements handled by lawyers in our Products Liability and Mass Tort Defense:

  • Commonwealth Edison: Prosecuted claims for design defects and fraud against manufacturers of nuclear steam generators.
  • Pharmacia Corp.: Pursue contract and indemnity claims against a supplier of defective raw materials for pharmaceutical products; manage downstream claims to avoid litigation.
  • American Airlines: Prosecuted claims against aircraft manufacturer for design defects in construction of wings and de-icing equipment.
  • Brach’s Confections: Contract claims against a supplier of defective food packaging materials for lost profits and product withdrawal expenses.
  • Dow Chemical: Defense of numerous commercial disputes involving plastic- lined piping, polymer chemical contracts and requirements contracts.
  • Kellogg: Prosecuted warranty claims for genetically modified food products supplied by vendors.
  • Elkay: Representing client in recall of a consumer product and in prosecuting product defect claims against the manufacturer of a component electrical part, which is responsible for the recall.
  • Motorola: Counsel client in commercial disputes involving automotive and communication products.
  • Drug Manufacturer and Supplier: Representation to obtain insurance coverage for underlying drug injury lawsuits, ultimately decided by the California Supreme Court in company’s favor.
  • Major National Retailer: National Counsel in defense of a major national retailer in consumer fraud cases in numerous states involving appliance installation practices.
  • Major Household Products Manufacturer: National Counsel in defense of major manufacturer in suits under consumer fraud statutes involving property damage claims resulting from cleaning products.
  • Steel Tubing Manufacturer: Representing a leading manufacturer of corrugated stainless steel tubing (a material used for conveyance of fuel gas in residential and small commercial installations) in a putative class action lawsuit in Arkansas state court alleging that the product is susceptible to damage from lightning strike.