Editorial: Product Liability in Florida
01 November 2007
Product liability lawsuits are as frequent as ever in Florida and the state’s lawyers have an international reputation for excellence. The recent RJ Reynolds litigation, in which a $145 billion verdict was overturned, has brought Florida tobacco litigation into the limelight and many of the state’s lawyers are particularly well known for their work in this area.
Carlton Fields PA possesses one of the largest product liability practices in the state and stands out in the research with three practitioners on our list. This “top-quality firm” received praise for its pharmaceutical products defence as well as its experience of cases involving machinery, sporting goods, medical devices, security systems, tobacco and automobiles. Clients include Ford, Johnson & Johnson, and Pfizer. Edward Gerecke in the Tampa office is considered a “major player” in Florida. His practice includes pharmaceutical, automotive and tobacco work, as well as children’s products and toxic torts for tobacco companies and pharmaceutical companies Wyeth and Astra Zeneca. In Miami, “class action specialist” Benjamine Reid received a slew of recommendations. Respondents drew attention to his “excellent tobacco defence” record for R J Reynolds. He also represented the South Florida Water Management District for over a decade in matters concerning the Everglades clean-up project. In the West Palm Beach office, Stephen Krigbaum jointly leads the products and toxic tort liability practice and specialises in mass and class action litigation. Krigbaum is an “outstanding litigator” and he led the special litigation group for the Dow Chemical Company, defending Agent Orange and other mass and class action litigation.
Kansas firm Shook Hardy & Bacon LLP has several Florida offices and boasts a pair of nominations in this section. Peers said that the group is “often visible on big cases”, both domestic and international. Edward Moss is based in the Miami office and represented American Home Products in a diet drug class action and acted for Boeing in the Aero Peru crash. He has also tried cases for DuPont, Westinghouse Corporation and Brown & Williamson Tobacco. Also based in Miami is the “fabulous litigator” Kenneth Reilly. Respondents extolled his work as a tobacco defence lawyer, claiming that “juries just connect with him”. His contribution to the academic side of the field was also noted – he is a frequent lecturer in product and professional liability matters. He was lead counsel for Philip Morris and Lorillard in tobacco litigation.
Rumberger Kirk & Caldwell is the other firm to be represented by more than one partner in these pages. Described as “a leading firm in automakers’ defence”, they also deal with cases in the construction, agricultural equipment, explosives and pharmaceuticals fields. The two lawyers included here are founding partners and came highly recommended, especially for their expertise in the automotive field. The “sensational” Thom Rumberger has tried cases all over the US for companies such as General Motors Corporation, Honda Motor Corporation and Toyota Motors USA. William Kirk’s product liability defence centres on high profile, high-stakes claims, representing domestic and foreign car and truck manufacturers, as well as clients in the aviation and heavy equipment industries.
Clarke Silverglate & Campbell PA is home to one of the highest-ranked lawyers in the listing, Mercer Clarke. The firm specialises in litigation, product liability being a cornerstone of its practice. Representing designers, manufacturers, distributors and retailers across the board, the firm has earned a good reputation in complex cases involving bio-mechanics, accident reconstruction, restraint systems, occupant kinematics and human factors among other issues. Clarke is president and a founding member of the firm and his practice emphasises pharmaceutical and medical device litigation. He has represented high-profile clients such as SmithKline Beecham Clinical Laboriatories, Glaxo Wellcome and Winn-Dixie Stores.
Squire Sanders & Dempsey LLP is a substantial international firm whose large network of offices facilitates cross-border and multi-district cases. Product liability constitutes an important practice at the firm and covers a wide variety of products and industries. Palm Beach practitioner Patricia Lowry generated warm recommendations for her “excellent practice” – she is especially well-regarded in the pharmaceuticals arena, where peers rated her a “leading light”. This is reflected in the import of her cases: she is currently serving as Florida counsel in the VIOXX, OxyContin and Baycol litigation defences and is serving as South Florida trial counsel to a medical device company in multiple cases concerning orthopaedic bone-screw litigation.
Gordon Hargrove & James PA boasts offices in Orlando and Fort Lauderdale. With a “real courtroom presence”, litigator Gordon James is well known for working on high-stakes cases. His expertise covers the range of products cases, but he is particularly well versed in railroad law.
Thornton Davis & Fein PA is a medium-sized Florida litigation boutique specialising in complex cases with a client list that includes LifeScan, the Goodyear Tire & Rubber Company and United Technologies. Frederick Fein is a name partner at the firm, renowned as a “fine litigator” in complex cases involving high-exposure damages. He has worked on cases involving tyres, household appliances, automatic doors and automotive components.
Tampa firm Hill Ward & Henderson PA counts among its clients RJ Reynolds, Cargill Fertilizer, Bridgestone/Firestone and Biomet. Praised as a “creative, approachable practitioner”, David Tyrrell is leader of the firm’s product liability practice and his expertise in the automotive field prompted favourable comments.
Greenberg Traurig LLP is another firm with a national and international network of offices that facilitates the coordination of national and international cases. The firm’s “highly successful group” achieved success on the Engle tobacco class action when a Florida court of appeal threw out a $145 billion verdict against a major cigarette company and denied a plaintiff’s motion to rehear the case. The “wonderful” David Ross is co-chair of the firm’s national product liability and mass torts practice group. He was lead counsel in the Engle class action and has also represented Lorillard.
Colson Hicks Eidson is a Coral Gables-based South Florida litigation boutique with a “prestigious reputation for automotive” cases, according to sources. Ervin Gonzalez was recommended as a “highly effective litigator”. The final firm to be included is Liles Gavin Constantino & George, a “very successful” litigation boutique in Jacksonville. Founder Rutledge Liles is considered “a high-profile litigator” and is also well known for his contribution to the area as a lecturer and author.