Editorial: Product Liability in Illinois
01 July 2008
Illinois has a reputation for first-rate litigation expertise, which extends to its product liability defence lawyers, not only from large firms, but also from high-profile boutiques. This spread is reflected in our research, which identifies 26 leading practitioners from 16 firms.
Specialising in product liability defence from tobacco cases to toxic tort, pharmaceuticals to firearms, these versatile practitioners deal with matters such as litigation, class actions and product recalls.International firm Kirkland & Ellis LLP's product liablity lawyers "have the expertise needed for complex cases", especially involving technical and scientific issues. David Bernick is an "outstanding" practitioner, whose representative cases include class actions, mass tort and toxic cases involving pharmaceutical products, asbestos, tobacco, medical devices and radiation exposure. Clients include DaimlerChrysler, General Motors, Abbott Laboratories, American Tobacco and Dow Corning. The "terriffic" John Donley's practice focuses on complex scientific and technical claims, and Andrew McGaan was recommended as "very shrewd". He has defended claims against RJ Reynolds and Brown & Williamson, among others. Leslie Smith debuts in this chapter by dint of her "excellent strategic thinking" on toxic tort cases.
Sidley Austin LLP also boasts a quartet of lawyers on the following pages. Michael Davis leads the products liability and mass tort group, and has served as national coordinating counsel in pharmaceutical and chemical litigation. Contributors to the survey deemed him "excellent for cross-border and multiparty litigation". Eugene Schoon also has a "formidable" reputation for pharmaceutical litigation, and he additionally focuses his mass tort orientated practice on food products. Representative clients include Bayer, Yum Brands, AstraZeneca and Taco Bell. The "excellent" Sara Gourley has a strong pharmaceutical practice, focusing almost exclusively on drug and medical device litigation. She serves as national counsel for blood products in AIDS and hepatitis litigation and counts big pharmaceutical companies such as Santa Fe Aventis among her clients. Her practice has a growing international aspect and she often works on multi-jurisdictional tort cases. Sherry Knutson completes Sidley's listing. A "great lawyer for pharmaceutical work," she represents Pfizer and Bayer, as well as AstraZeneca in the Seroquel litigation.
At Wildman Harrold Allen & Dixon LLP, three lawyers make the cut. Well known for its high-profile firearms practice, the firm has also defended cases involving lead paint, pharmaceutical and medical devices and alcoholic beverages. Anne Kimball has a "formidable reputation" in the field. Over her 32-year career at the firm, her firearms defence work has gained renown - she was Smith & Wesson's general outside counsel. She has also worked on pharmaceutical cases such as the defence of Alpha Pharmaceuticals, and defended the Beer Institute in class actions around the US. James Dorr is the national coordinating and chief trial counsel for Sturm Ruger & Co, the largest firearms manufacturer in the US, and has additionally defended cases for consumer product, pharmaceutical and chemical manufacturers. Peter Tomaras also comes highly recommended for his pharmaceutical and medical device work. A "highly deserving" inclusion, he has defended manufacturers of latex gloves, cranial fixation equipment and appetite suppressants.
"First-tier" boutique litigation firm Bartlit Beck Herman Palenchar & Scott received a host of nominations from competitors and clients. Phil Beck, who also appears in our commercial litigation chapter, elicited a massive response from participants, who praised him as "among the very finest". He has often represented Merck in litigation regarding Vioxx. He also represented DuPont in litigation involving its fungicide Benlate against Costa Rica's largest citrus operation, TicoFruit. Partner Donald Scott debuts in this year's edition. A "clear leader in the field," he has worked on high-profile lead-paint litigation for NL Industries against the City of Milwaukee, among other plaintiffs. He also represented Bayer in phenylpropanolamine litigation.
Johnson & Bell Ltd boasts two nominees on our list: co-founders William Johnson and John Bell command respect among the Illinois legal community for their "tactical prowess". Johnson focuses his practice on civil injury cases, as well as commercial and professional liability matters, and Bell is renowned for his litigation in complex cases.
Michael Pope, head of the international product liablity practice group at McDermott Will & Emery LLP received more votes than any other practitioner featured in the publication. Pope's "fabulous reputation" comes from his "impressive courtroom presence and litigation skill". His clients include State Farm and Coca Cola, and he represents Blue Cross and McDonalds in litigation around the country.
Williams Montgomery & John Ltd is a specialist trial firm. The "fabulous litigator" Barry Montgomery successfully represented Black & Decker in a suit in which the plaintiff claimed US$12 million in compensatory and punitive damages. He has also amassed a large body of written work in the field. At Heyl Royster Voelker & Allen, the "terriffic" Robert Schultz is considered "the go-to guy for cases in south Illinois". He tries toxic tort litigation and class action lawsuit for insurance companies, pharmaceutical companies, car manufacturers and financial institutions. He represented State Farm in its replacement parts class action. The "well known and respected" John Dames "features high on the list" according to peers. He is head of the products liability and mass tort practice group at Drinker Biddle & Reath LLP, and has acted as coordinating counsel in cases involving polyvinyl chloride meat-wrapping film and oral contraceptives. He was also involved in "toxic fire" cases such as the Younkers fire litigation in Iowa and the DuPont Plaza fire litigation in Puerto Rico. Cray Huber Horstman Heil & VanAusdal LLC's Daniel Cray is recognised by contributors for his work on catastrophic loss cases. The firm represents various major US-based automobile manufacturers. At Hepler Broom MacDonald Hebrank True and Noce, "downstate star" Larry Hepler was recommended for his multi-party and class action work.
Patrick Maloney at Tressler Soderstrom Maloney & Priess is a founding partner whose practice includes catastrophic loss litigation, insurance coverage and product liability. Edward Crane at Skadden Arps Slate Meagher & Flom LLP focuses on high-tech, pharmaceutical and alcoholic beverage litigation for clients such as Nextel and Healthnet. Specialist Illinois litigation firm Swanson Martin & Bell is a "very high-quality outfit", and partner Brian Bell is considered "a marvellously dedicated practitioner". On retiring from Sonnenschein Nath & Rosenthal LLP, Marc Whitehead set up his own practice under his name. He was commended for his "boundless experience" and tenacious litigation style.