Mass Tort and Toxic Tort Defense

Mass Tort and Toxic Tort Defense

It is unsurprising that as product liability litigation continues to rise, the number of Mass Tort and Toxic Tort actions also continues to rise. There are numerous mechanisms for these types of complex actions to be brought, including: pre-trial consolidation via the federal Multidistrict Litigation (“MDL”) process; state-specific consolidation mechanisms such as California’s Judicial Council Coordination Proceeding (“JCCP”); or traditional class action theories. Regardless of the mechanism, the Kendall PC Mass Tort team understands that aggressively attempting to thwart consolidation is often the best defense.  

If consolidation cannot be avoided, the Kendall PC Mass Tort team understands that science and technology are key to a successful defense. We know how vital an in-depth knowledge of our clients’ products is to successful litigation defense. We commit our own resources to learn each product from inception to consumer use. We work to understand every aspect of the design, manufacturing, marketing, safety, and efficacy of our clients’ products.

Contact the seasoned mass tort attorneys at Kendall PC today online or at (484) 414-4093. We serve clients throughout the United States and across the globe. 

Our Recent Mass Tort and Toxic Tort Defense Cases

Defending against Mass Torts and Toxic Torts requires a robust understanding of complex substantive and procedural law. Kendall PC has experience serving as national coordinating counsel in state and federal courts throughout the country.  Notably, our team has recently achieved the following results:

  • Successfully defeated plaintiffs’ petition to create a Multidistrict Litigation (“MDL”) in nationwide pharmaceutical product liability actions.
  • Successfully excluded (via Daubert challenges) all of plaintiffs’ general causation experts in three related pharmaceutical product liability actions. Resulting in summary judgment in favor of our clients.
  • Successfully challenged (via Personal Jurisdiction) plaintiffs’ improper attempt to consolidate dozens of pharmaceutical product liability cases in a single state court.
  • Obtained voluntary dismissal with prejudice in favor of our client in class action alleging speculative injuries and future medical monitoring costs.    
  • Dismissal of plaintiff’s fraud-based claims at the motion-to-dismiss stage. 
  • Dismissal of plaintiff’s failure to warn claim as preempted at the motion-to-dismiss stage against the prescription drug manufacturer. 

Contact Our Mass Tort Lawyers Today

To learn more about our Mass Tort Defense practice, contact the Mass Tort attorneys at Kendall PC now online or at (484) 414-4093. Our firm serves small, mid-sized, and emerging businesses throughout the United States and across the globe.

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