Brendan Murphy represents manufacturers and sellers in complex product liability and commercial litigation in the United States and in cross-border matters. His practice focuses on defending technology and consumer products companies at all stages of product liability and commercial litigation. He has served as long-time product liability national coordinating counsel for one of the largest companies in the world. He focuses on strategic thinking, innovative approaches to resolving disputes, and building novel defenses. He created and has advocated the “marketplace defense” at all stages of litigation, including in multiple state Supreme Courts and the en banc Third Circuit.

In addition to litigation, Brendan counsels manufacturers, importers, and sellers on product safety and regulatory compliance, including matters before the U.S. Consumer Product Safety Commission (CPSC). His advisory work includes guidance on reporting obligations, recalls, and risk management, as well as providing training on product liability exposure, and CPSC compliance. He also advises clients on commercial contracts and indemnity provisions with an eye toward mitigating product-related risk.

Brendan’s experience includes serving as a special deputy prosecutor in King County, Washington, where he tried felony cases to jury verdict. Brendan has received recognition from Chambers USA and The Legal 500 for his product liability defense and regulatory work. He has also been named as a Washington Rising Star by Washington Law & Politics.

Representative Experience

• Manufacturers. Served as appellate counsel in state and federal courts, obtaining favorable rulings for manufacturers in product liability and workplace injury cases.
  
• Third-Party Sellers in Online Marketplaces. Argued and obtained unanimous and majority rulings in the Ohio and Texas Supreme Courts on the scope of liability for third-party sellers in online marketplaces.
  
• Manufacturers, Importers, and Sellers. Represented manufacturers, importers, and sellers in CPSC investigations, reporting matters, and recalls.
  
• Helicopter Engine Manufacturer. Represented a helicopter engine manufacturer in an international arbitration in Montreal, obtaining judgment on product defect claims and contractual indemnity and insurance provisions.
  
• Aviation Manufacturers. Defended aviation manufacturers in hull loss and product liability litigation, securing dismissals under the economic loss rule and affirmance on appeal.
  

• Fuel Control Manufacturer. Obtained summary judgment under the General Aviation Revitalization Act for a fuel control manufacturer in wrongful death litigation.
  

• Automotive Manufacturers. Secured defense verdicts for automotive manufacturers in jury trials and arbitrations involving breach of warranty and negligence claims.
  
• Commercial Property Lessor. Successfully challenged state right-of-way fees on behalf of a commercial property lessor, obtaining summary judgment and a trial victory.