“ Jessica Grant has significant first chair trial experience and over 20 years of experience in class actions and product liability matters. She is also frequently called upon to help clients avoid litigation altogether or achieve favorable results short of trial.
A nationally recognized trial lawyer, Jessica is often asked to take over cases on the eve of trial, particularly high-stakes cases in an array of business litigation matters. She has extraordinary first-chair experience, including successfully trying three cases over $100 million and two cases over half a billion dollars.
Jessica also has substantial class action, product liability, and employment experience, including serving as lead trial counsel in one of the largest wage and hour class actions ever to be tried to verdict. She also has extensive IP litigation experience in complex cases involving patent, copyright infringement, and trademark matters, from inception of the case through trial. Jessica’s ability to handle trials across disciplines at a moment’s notice makes her a highly sought-after litigation lawyer. Clients often ask Jessica to step in and negotiate settlements in order to avoid going to trial, or to handle mediations and depositions of key witnesses.
Outside MoFo, Jessica is a member of the International Association of Defense Council and serves as a mediator in the San Francisco Superior Court Early Settlement Program.
Previously, Jessica taught mediation as an adjunct professor at the University of San Francisco School of Law and served as an instructor at the National Institute of Trial Advocacy.
- Served as lead trial counsel in a nine-week jury trial where plaintiff sought $25 million plus punitive damages against CEO individually and several companies for alleged breach of fiduciary duty and fraud. After deliberating for four days, the jury returned a complete defense verdict.
- Represented the State of New Hampshire in a statewide products liability case against the world’s major oil companies. After securing $130 million in settlements, served as lead attorney in a three-month trial that resulted in a unanimous jury verdict, awarding $816 million to the state, after just 90 minutes of deliberation.
- Served as lead trial counsel in one of the largest wage and hour class action lawsuits ever tried in California and obtained a $172 million jury verdict on behalf of more than 116,000 class members after a four-month trial. The National Law Journal ranked the verdict as one of the largest in 2005 and the largest in an employment law case. After a two-week bench trial, Jessica also obtained a permanent injunction that required the defendant to implement various policies to comply with California employment law.
- Served as lead trial counsel for one of the world's largest semiconductor chip makers and several other defendants in a four-week jury trial in federal court. The plaintiff alleged fraud, unjust enrichment, breach of contract, and related patent claims, and sought more than $450 million, exclusive of punitive damages. After the jury deadlocked on liability, the court dismissed all state-law claims against the defendants.
- Served as lead trial counsel for a leading media company in a defamation case. After a two-week trial, the plaintiff asked for $7 million in compensatory damages, and punitive damages potentially as high as $70 million. Following four hours of deliberation, the jury returned a verdict of $72,025 in compensatory damages and no liability for punitive damages.
- Served as lead trial counsel in the first major copyright infringement trial involving claimed fair use of viral YouTube videos; after closing arguments, obtained a favorable settlement on behalf of the client.
- Represented Premier Nutrition Corp. in a false advertising class action brought by a class of California consumers who claimed Premier’s product falsely and misleadingly claimed a number of health benefits. After obtaining a dismissal with prejudice in the district court, Jessica successfully argued in the Ninth Circuit, which recently upheld the dismissal in a unanimous published decision that has implications for class actions in California, as well as cases brought under California’s consumer protection statutes.
- Served as lead trial counsel in a one-week jury trial where plaintiff alleged his laryngeal cancer was caused by client’s product and that its associated health risks were concealed from him. He sought $12.5 million in compensatory damages and between $21 million and $147 million in punitive damages. The jury found no liability on the fraud claims, and awarded $360,000 in compensatory damages and $150,000 in punitive damages.
- Served as lead trial counsel for a company whose employee caused an accident during the course and scope of employment, resulting in a severe spinal cord injury to plaintiff. Liability was not contested at trial. After deliberating for two hours, the jury returned a favorable verdict that was millions below what plaintiff’s counsel sought, and below the amount offered to settle the case.
- Served as lead trial counsel on behalf of a company whose product was alleged to have caused defendant's lung cancer; plaintiffs asked for a multimillion dollar award; the unanimous jury verdict attributed 90% fault to decedent and awarded his widow and daughter $225,000.
- Served as trial counsel where plaintiffs claimed defendant concealed the dangers of smoking, which led to nicotine addiction and smoking-related bladder cancer. Plaintiffs sought $11 million; a unanimous jury returned a complete defense verdict.
- Served on a trial team that obtained a unanimous defense verdict in a multimillion dollar products liability case in California state court, involving an anti-epileptic drug alleged to have caused plaintiff's birth defects.
- Served on a trial team that obtained a unanimous defense verdict after a six-week jury trial in the first bellwether case to proceed to trial in California, involving a prescription drug alleged to cause atypical femur fractures.
- Obtained dismissal of a nationwide putative data privacy class action and enforcement of class action waiver and arbitration provision in the Northern District of California.
- Obtained dismissal with prejudice of a copyright infringement case on behalf of a major TV network which was alleged to have broadcasted a movie that infringed plaintiff’s copyrighted film.
- Obtained summary judgment for a broadcast TV network which was alleged to have fired an employee because of her claimed terminal illness.
- Obtained a favorable pre-litigation settlement for a company whose former employee claimed she was retaliated against and wrongfully terminated for making a whistleblower complaint to a federal regulatory agency.
- Reached a favorable early settlement on behalf of an employer in an age discrimination/inaccurate pay stub action following the depositions of plaintiff and co-workers.
- Obtained a favorable pre-litigation settlement on behalf of a CEO and private bank in an employment action alleging wrongful termination/retaliation and fraud.