Morrison & Foerster's Product Liability group counsels and defends all types of product manufacturers and suppliers. We are particularly strong in the areas of aerospace and aviation, consumer products, and pharmaceuticals and medical devices.

Members of the Product Liability group serve as trial and national coordinating counsel in product liability and toxic tort cases, including numerous large class actions, multi-party serial tort litigation, and mass tort litigation. Our trial lawyers have tried hundreds of cases to judges and juries, arbitrators, and administrative bodies. Our appellate lawyers have taken on some of our clients’ most challenging legal issues.

Our experience reaches beyond the courtroom. The Product Liability group regularly advises clients regarding product liability risk management, product labeling requirements, product recalls, insurance and indemnification issues, and acquisitions involving ongoing product liability claims.

Lethal Injection Matters
Worked with a major pharmaceutical company to stop the states of Missouri and Texas from using a significant anesthesia drug in their executions. Faced with the threat of litigation, both states chose alternative methods for lethal injection. Our work helped to prevent a catastrophic drug shortage, as the European Union, which publicly opposes executions and had previously banned the export of drugs used in lethal injections, threatened to impose export restrictions if this drug was used for executions anywhere in the United States.
Gol Airlines Flight 1907 Litigation
Represented Honeywell International Inc. in a lawsuit involving a mid-air collision between a Boeing 737-800, operated as Gol Airlines Flight 1907, and an Embraer Legacy 600, operated by ExcelAire Services, over the Amazon jungle, Brazil, on September 29, 2006. The accident resulted in the deaths of 154 passengers and crewmembers. Cases were brought in seven different districts, and we were successful in obtaining consolidation of the cases for MDL treatment in the Eastern District of New York. In late July 2008, the motion to dismiss the cases to Brazil for forum non conveniens was granted. The Brazilian carrier is settling the cases with claimants in Brazil. On appeal, the District Court's dismissal of the consolidated actions was affirmed by the Second Circuit. A four week international arbitration conducted in London under the law of England and Wales before a three member tribunal then followed to apportion liability for the accident among certain defendants. The arbitration resulted in a finding Honeywell was without fault for the accident and an award of costs against certain defendants in favor of Honeywell.
Air France 447 Investigation and Litigation
Represented Honeywell International Inc. in litigation arising from the crash of Air France 447. The crash occurred on June 1, 2009, when an Airbus A330-203 went missing over the Atlantic Ocean on a flight from Rio de Janeiro, Brazil to Paris, France. All 228 passengers and crew perished in the crash. A successful motion to dismiss for forum non conveniens before Judge Charles Breyer in the Northern District of California resulted in the dismissal of all actions in favor of a French forum.
Heparin Litigation
Serving 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 blood coagulant often used in hemodialysis and cardiac invasive procedures.
Alaska Airlines Flight 694 (Ginena)
Scored a defense verdict for Alaska Airlines in a case brought by a group of first-class passengers who were removed from Alaska Airlines Flight 694 on September 20, 2003. The flight was headed from Vancouver, British Columbia, to Las Vegas but diverted to Reno in order to remove the passengers. We obtained summary judgment of several claims based on the Warsaw Convention, but the remaining claims proceeded to trial. After a three-week trial, the jury of seven returned a unanimous defense verdict on all counts.
In re Aredia and Zometa Litigation
Represented 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. On January 30, 2012, we obtained dismissals from all remaining plaintiffs in 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 mass tort proceedings.
Cessna Caravan 208 Icing Accidents
Representing Cessna Aircraft Company as national coordinating counsel in individual personal injury and wrongful death cases pending in various jurisdictions in the United States arising from accidents involving Cessna Caravan 208 aircraft flown in alleged icing conditions.
In re Reglan/Metoclopramide Litigation
Representing a major generic pharmaceutical company in hundreds of lawsuits (comprising 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.
Chinook Helicopter Crash in Afghanistan (Getz v. Honeywell)
Obtained 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 on February 17, 2007.  Eight people died and 14 were injured when the special operations Chinook crashed while returning from a mission pursuing a member of Al Qaeda.  In August 2011, the Ninth Circuit affirmed the decision ruling that Honeywell and the other government contractor defendants were not liable for the crash.
Cleantech Company
Worked with a solar energy client to implement a fast-track recall of its products, and negotiated a corrective action plan with the CPSC.
Cytec Industries
Serving as national coordinating counsel for Cytec in asbestos-containing product cases pending in California, Delaware, Illinois, Michigan, Minnesota, Mississippi, Missouri, New York, Maryland, Texas, and Wisconsin, as well as the multi-district proceedings in Philadelphia. The cases include personal injury and wrongful death claims by persons alleging exposure in the workplace to asbestos fibers.
Electronics Manufacturer
Helped a client develop a response plan, a public relations plan, and customer settlements in connection with reported product safety incidents.  Assisted client in determining whether incidents constituted reportable events to the CPSC and worked closely with the CPSC in responding to customers.
Eyewear Manufacturer
Advised a luxury, high-performance eyewear manufacturer on the use of warning labels and instruction manuals for its sunglasses, 3D eyewear, and Hydro Pens.
High-end Children’s Products Retailer
Advised retailer of high-end children’s products on product safety incidents, product recall and reporting issues, flammability requirements, third-party testing requirements, required General Certificate of Conformity regulations under the CPSIA, and Proposition 65 warnings.
Orange County Groundwater Litigation
Representing two companies in one of the largest groundwater contamination cases of its kind (TCE, PCE, DNAPL and perchlorate), involving a precedent-setting issue of whether a water district has the ability to create its own mini-Superfund. Obtained summary judgment for both companies. 
RCRA Contaminated Property Remediation Litigation
In one of the state’s largest RCRA cases set for trial in 2012, obtained cleanup and injunctive relief for solvent (toluene and methane) contamination on behalf of Newark Industries caused by a prior facility operator, and recovery of more than $1.1 million in attorney fees and costs.  
Video Game Developer and Publisher
Advised a client on its duties and responsibilities under the CPSIA in marketing, selling, and labeling its products.
Chambers USA 2015
National: Product Liability and Mass Torts
National: Transportation: Aviation: Litigation


Legal 500 US 2016
Product Liability, Mass Tort, and Class Action: Aerospace and Aviation
Product Liability, Mass Tort, and Class Action: Consumer Products
Product Liability, Mass Tort, and Class Action Defense: Pharmaceuticals and Medical Devices
Product Liability, Mass Tort, and Class Action Defense: Toxic Tort


U.S. News – Best Lawyers® Best Law Firms 2016
San Diego: Product Liability Litigation - Defendants (Tier 1)
San Diego: Mass Tort Litigation/Class Actions - Defendants (Tier 1)
San Francisco: Personal Injury Litigation - Defendants (Tier 1)


Here is what they say about us:

“They have a very deep team – any specific questions, they’ve got someone to take care of it.”
(Chambers USA 2015)

“Very good client service: their advice is prompt and to be relied upon. Their knowledge of the sector is excellent.”
(Chambers USA 2015)

Erin M. Bosman
Partner
San Diego
(858) 720-5178

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