Editorial: Product Liability in Georgia
01 April 2007
Our research in this area singles out lawyers from regional and national firms. Two firms, however, are represented by more than one professional in this chapter.
The first, King & Spalding LLP, provides a trio of experts. Sources were in broad agreement over the inclusion of Chilton Varner, who is “definitely among the very best, not only in the state but nationally and internationally”. Varner also appears in the commercial litigation chapter, but she is recognised here for recent credits such as acting for GlaxoSmithKline (as both national coordinating counsel and lead trial counsel) in product liability suits concerning the antidepressant Paxil; she is also active as national coordinating co-counsel for Purdue Pharma in cases relating to the painkiller OxyContin. In both instances, the K&S team’s efforts were rewarded by significant denials of class action certification. Gordon Smith, also included in our commercial litigation section, comes highly recommended for his work on behalf of General Motors, Purdue Pharma and Brown & Williamson Tobacco. Partner Richard ‘Doc’ Schneider joins Varner and Smith in these pages. Schneider served as lead trial and appellate counsel for one of the defendants in the Engle tobacco case, securing a landmark reversal of $145 billion in punitive damages. Alston & Bird LLP, the second firm we highlight in this chapter fields two “terrific” attorneys from its ranks. Bernard Taylor, who represented Flexible Products against 600 plaintiffs in the isocyanate toxic tort litigation, and Louisiana Pacific in toxic tort litigation (both times as lead trial counsel), made steady progress through the research. Sources mentioned his “practical and intelligent approach” to prelitigation strategy. He is accompanied in this section by Jane Thorpe, another expert in mass tort litigation. Thorpe was said to have “a true scientific understanding of cases”, which fed into significant victories on behalf of clients in matters concerning communications technology and medical devices.
Each of the following experts we list appears as the sole representative of his or her firm. One of the highest-ranking lawyers from our survey, Karen Deming of Troutman Sanders LLP, features courtesy of glowing testimonials from both clients and competitors. A past chair of the Georgia State Bar’s products liability section, Deming has built up “a great practice and a considerable expertise” in several scientific disciplines. From Hawkins & Parnell – a firm that focuses on defence work – Albert Parnell emerged from the research as a very well-backed candidate. He has handled over 75 asbestos toxic tort suits in over 30 states, and has successfully represented Fortune 100 companies on many occasions. One source called him “the authority on asbestos cases”. At Greenberg Traurig LLP (one of the largest firms with offices across the US), Lori Cohen was recommended for her “superb record”, winning over 45 defence verdicts for clients in the medical device and pharmaceutical and automotive industries. She is also well known on the lecture circuit, having spoken widely on the use of courtroom presentation technologies. Lowell Fine, a founding member and senior principal of Alembik Fine & Callner, is noted for his “wealth of trial experience” participating and appearing as counsel of record in hundreds of cases. His areas of focus are medical, chemical and mechanical products. From Nelson Mullins Riley & Scarborough LLP, peers and clients selected Richard North for inclusion: researchers heard of particular strengths in the state, federal and appellate courts. North is also admitted to argue before the US Supreme Court. Hunton & Williams appears here courtesy of the “experienced” and “talented” Matthew Calvert, who has tried a range of cases involving consumer and industrial products, including water heaters, control valves, air compressors, PVC products, concrete pipe, agricultural machinery, underground mining equipment, hand tools, liquid natural gas systems and cryogenic cylinders, among others. Southeastern US firm Ellis Painter Ratterree & Adams LLP is represented by “fantastic lawyer” Paul Painter, who has served in the Georgia State Bar as chair of the general practice and trial section, as well as chair of the American College of Trial Lawyers. Finally, we recognise Stephanie Parker of Jones Day, who was frequently mentioned as “a real star of the future”.