Erin Bosman co-chairs MoFo’s Class Actions and Mass Torts Practice Group. Clients value her business strategy, seeking her comprehensive counsel throughout the product life cycle, especially in high-stakes litigation and product recalls.
Erin’s clients value her litigation acumen, retaining her as national coordinating and trial counsel in class action cases and multijurisdictional and multidistrict proceedings. A skilled negotiator, Erin has a long track record of securing dismissals and favorable settlements for her clients. Her courtroom skills have delivered successful jury verdicts and won appeals before the Second Circuit and California Court of Appeal.
Erin has represented major companies in MDL proceedings and successfully argued before the JPML. She navigates complex business relationships and serves as defense liaison counsel in cases where multiple defendants have conflicting defenses.
Outside the courtroom, Erin maintains a robust advisement practice, drawing on her litigation experience to counsel clients on product development, risk assessments, product labeling, and risk mitigation strategies to help them avoid and defeat product liability claims. When necessary, Erin advises on crisis management and guides clients through product recalls, representing clients before the Consumer Product Safety Commission (CPSC).
Erin is a problem-solver through and through. In that role, she advises clients on some of their most difficult product questions, focusing especially on emerging technologies in untested regulatory and litigation landscapes. She is a leader in the fields of wearables and digital health and counsels other clients that have innovative products in the technology sector.
Erin is a member of the Product Liability Advisory Council (PLAC), a fellow in the Litigation Counsel of America’s Trial Lawyer Honorary Society, and an editor of MoFo’s Class Dismissed blog.
In 1997, Erin was a judicial extern for the Honorable James F. Stiven, U.S. Magistrate Judge, Southern District of California. In 1999, she received her J.D. magna cum laude and Order of the Coif from the University of San Diego School of Law. During law school, she was an editor of the San Diego Law Review.
Erin is a member of the International Aviation Women’s Association and has served on the editorial board of Product Liability Law360.
FitbitRepresented Fitbit before the CPSC with regard to the recall, which was successfully conducted in a short timeframe, minimizing negative public relations impact. Currently representing Fitbit before the CPSC on reporting requirements for their products and advises on new product development and risk mitigation, including media and public relations counseling, assisting with coordination of product testing, and advising on product warnings and labels. Served as lead counsel for Fitbit in five class action lawsuits and over 300 personal injury lawsuits arising from the recall, all of which were favorably resolved.
FitbitServed as lead counsel in a class action alleging that a wearable device does not accurately track sleep as advertised and in two class actions alleging that Fitbit’s heart rate monitoring does not work as advertised. The heart rate monitoring class actions have spawned securities class actions against the company and we are coordinating the interplay between both sets of cases.
A Consumer Electronics ManufacturerRepresented a consumer electronics manufacturer in two class actions arising from an alleged defect in the shutter mechanism of a professional level camera. The matters included claims of breach of warranty, false advertising, Magnuson Moss, 17200, and fraud. The class actions were resolved very quickly following a meeting with all counsel in which we laid out our response to plaintiffs’ allegations and why plaintiffs would ultimately not succeed.
A Major Personal Care Products CompanyAdvised a major personal care products company on CPSC reporting, including leading a compliance and safety investigation related to children’s products.
An Automotive Brakes ManufacturerAdvised an automotive brakes manufacturer on product liability issues.
A Major Music CompanyAdvised a major music company on product warnings, labels, and product development.
A Consumer Products CompanyAdvised a consumer products company on product liability issues arising from a baby monitor recall.
An Upscale Home Furnishings RetailerAdvised an upscale home furnishings retailer on warning and labeling requirements, warranty disclaimers, product development, and risk assessment.
A Start-Up CompanyAdvised a start-up company on the launch of a home environmental monitor/sensor that can be programmed with a smartphone by evaluating its product liability exposure, as well as advice on certifications and compliance issues.
A Global Networking CompanyAdvised a global networking company on CPSC reporting and product advisement.
A Home Appliance ManufacturerAdvised a home appliance manufacturer on product liability issues arising from the Internet of Things, particularly with respect to its line of connected appliances.
A Seed ManufacturerAdvised a seed manufacturer on product warnings, labels, and product development.
An Industrial Crane ManufacturerAdvised an industrial crane manufacturer on product liability issues.
An Automotive Component Part ManufacturerAdvised an automotive component part manufacturer on product liability issues and possible recall.
A Children's Product ManufacturerAdvised a children’s product manufacturer on product safety and product liability issues in connection with the launch of a new product line.
Pharmaceutical Mass Tort LitigationNational counsel for a pharmaceutical distributor in several hundred mass tort lawsuits pending in coordinated federal and state court proceedings. The plaintiffs allege injury from a chemotherapy drug.
In re Aredia and Zometa LitigationRepresented a major pharmaceutical company in MDL proceedings and state-consolidated cases in which more than 200 plaintiffs claimed that pamidronate, an injectable drug used in the treatment of certain cancers, causes a degenerative condition of the jaw. Before discovery commenced, we obtained complete dismissal from the MDL. The MDL court found that plaintiffs’ claims boiled down to failure to warn claims and, therefore, were preempted under the U.S. Supreme Court’s decision in Mensing. In addition to MDL proceedings in the Eastern District of New York, we represented our client in New Jersey in mass tort proceedings. There, we obtained voluntary dismissals before discovery commenced.
In re Hydroxycut Marketing and Sales Practices LitigationServe as national trial and coordinating counsel for a nutritional supplement manufacturer in multidistrict and state court litigation, alleging that a line of its nutritional supplement products causes a variety of medical ailments, including liver damage. The litigation involved 115 matters pending in the Southern District of California MDL proceeding, including 22 class actions, and more than 60 state courts actions in Pennsylvania, New Jersey and California.
In re Reglan/Metoclopramide LitigationRepresent a major generic pharmaceutical company in hundreds of lawsuits (comprising of more than 2,000 individual claims) that have been filed in numerous jurisdictions around the United States, alleging that Reglan/metoclopramide (when prescribed off-label for psychiatric purposes) causes significant side effects and damages health. The cases are pending in mass tort proceedings in Pennsylvania, New Jersey, and California.
Heparin LitigationServe as national counsel in numerous cases filed around the United States alleging side effects from heparin induced thrombocytopenia (HIT). Our client is the largest manufacturer of heparin, a prescription injectable anticoagulant (blood thinner) often used in hemodialysis and cardiac invasive procedures.
Ophthalmic Device LitigationDefend a medical device manufacturer against a personal injury lawsuit claiming eye injury from a device used in cataract surgery.
Eye Drop Class Action LitigationDefended a major pharmaceutical company in a class action case alleging that one of its ophthalmologic products contained insufficient preservatives and was subject to contamination resulting in an infectious injury. The case settled favorably for our clients.
Intraocular LensAdvise a medical device manufacturer on a potential lawsuit alleging injury from the placement of an intraocular lens during cataract surgery.
BaycolDefended a major pharmaceutical company in mass tort litigation in which Erin coordinated discovery for over 500 cases pending in federal and state courts. She also prepared 10 cases for trial and was liaison with national counsel.
Pharmaceutical Product Consumer Class Action LitigationRepresented a major pharmaceutical company in a consumer class action alleging consumer fraud and violations of the Consumer Confidentiality of Medical Information Act and of Cal. Bus. & Prof. Code section 17200. We successfully demurred to multiple amendments to the complaint and won final judgment in favor of the client.
Pain Pump MattersServing as national counsel for a major pharmaceutical company in product liability cases filed in jurisdictions around the United States. The cases alleged that local anesthetic products used in pain pumps contributed to the development of post-surgical chondrolysis, a degenerative condition of the shoulder. We achieved the dismissal of our client from 186 cases consisting of 478 plaintiffs. Many of these dismissals were accomplished through successful motions to dismiss, and persuading plaintiffs’ counsel to dismiss our client without it paying a single settlement.
Bayer PPA LitigationRepresented Bayer Corporation in PPA litigation. PPA was an ingredient of Alka Seltzer Plus, and other cough and cold remedies. Hundreds of cases were filed around the country alleging a correlation between the use of PPA and subsequent strokes.
Cholesterol Lowering Drug LitigationDefended a major pharmaceutical company in mass tort litigation in which Ms. Bosman coordinated discovery for more than 500 cases pending in federal and state courts. She also prepared ten cases for trial and was liaison with national counsel.
Abbott Diabetes Care v. DexCom, Inc.Won a motion to dismiss the complaint due to prematurity, and a motion to stay the case due to pending PTO reexaminations, on behalf of DexCom, Inc., a San Diego developer and manufacturer of a device for the continuous monitoring of glucose in people with diabetes, in a patent infringement case involving glucose monitoring patents. Seven months before DexCom's continuous glucose monitoring device received FDA approval, Abbott sued DexCom, and the DexCom litigation team convinced the court that it lacked jurisdiction to hear the dispute when filed. The DexCom patent prosecution team filed requests for reexamination of each asserted patent, all of which were granted. The DexCom litigation team then persuaded the court to stay the case pending reexamination and later convinced the court to strike an amended complaint adding more patents.
Clinical Trial LitigationRepresented pharmaceutical company in a case regarding the provision of treatment in one of the company's clinical drug studies.
Getz v. Honeywell InternationalObtained summary judgment based on the government contract defense for Honeywell International Inc. in litigation arising from the crash of an Army special operations Chinook in Afghanistan. Eight people died, and fourteen were injured when the special operations Chinook crashed while returning from a mission pursuing a member of Al Qaeda. The Ninth Circuit affirmed the decision, ruling that Honeywell and the other government contractor defendants were not liable for the crash.
In re Air Crash Off Point Mugu, California Represented Alaska Airlines as lead trial counsel in multidistrict litigation involving wrongful death and survival claims by heirs and estates of the 88 passengers and crew who perished in the crash of Alaska Airlines Flight 261, near Point Mugu, California. Intensive fact and expert discovery led to a series of successful motions to remove punitive damages from the case, limit theories of recovery against the airline under the Warsaw Convention, stipulate to liability to remove potentially harmful evidence from the trials, and prepare and try damages claims. Trial commenced in the MDL Court, the U.S. District Court for the Northern District of California, in 10 wrongful death cases, leading to settlements during trial of all but one of the remaining cases. After remand to the Central District of California and transfer back to the Northern District of California for trial, the remaining case settled.
Glassman v. Southwest AirlinesRepresented Southwest Airlines in a trial arising from the death of an unruly passenger. Erin argued the case on appeal to California court and won affirmation of the trial verdict.
©1996-2019 Morrison & Foerster LLP. All rights reserved.