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Product, Premises and Tort Liability
Manufacturers, retailers, distributors, real estate owners, contractors and many other businesses routinely are exposed to and sued over product, premises or other tort liability claims. Even the most careful and conscientious business cannot avoid such risks. The attorneys in Katten’s Product, Premises and Tort Liability Practice regularly protect against and defend a broad range of tort-based litigation—from a company’s first case that it hopes to quietly resolve to the product failure and recall cases that make national news. Whether defending a single-plaintiff, high-exposure case or interrelated mass casualty cases filed in multiple jurisdictions, Katten has a deep and experienced bench that spans the United States ready to step in and protect our clients.
Our approach is to move quickly at the outset to thoroughly investigate and evaluate the exposure, hire the right experts and work with the client’s insurers. Several Katten attorneys hold engineering or other advanced degrees in technical and scientific fields, and have relevant industry experience. Our clients benefit from our understanding and constant desire to learn more about their business and the science involved in their most challenging cases. We also have relationships with experts in virtually every field, including engineering, industrial hygiene, chemistry and material science, fire, safety equipment, computer forensics, engineering forensics, failure analysis, toxicology, construction, architecture, industry standards, government regulations, biomechanics, product design, human factors, medicine, life care planning, economics, product warnings, and accident reconstruction.
In today’s litigious environment, it is critical to have a team of attorneys with trial experience who are ready, willing and able to take cases to verdict in jurisdictions across the country. Katten attorneys regularly try high-exposure product, premises and other tort cases to verdict—devising strategies that not only increase the chances of a successful resolution, but also minimize defense costs. Our attorneys have extensive real-world experience defending nearly every type of tort action, complex litigation and class action, and we understand that no two cases are exactly alike. We are prepared to assume any role a particular case requires, including as national, regional, statewide, local or trial counsel. Our multidistrict litigation (MDL) experience includes MDL-875 (Philadelphia—asbestos), MDL-1845 (Georgia—peanut butter), MDL-926 (Birmingham—silicone implants) and a variety of MDL matters arising out of the events of September 11, 2001. Our experience allows us to analyze cases early to determine which are defensible, which present unique opportunities for precedent creation and industry defense, and which do not.
In an effort to avoid litigation before it develops, we routinely advise clients regarding the risks related to testing, marketing and labeling, warnings, and other product liability issues. Similarly, we have performed risk assessments, audits and investigations for manufacturers, owners and operators of real property, transportation firms and Fortune 500 companies. Katten attorneys do not simply point out the risks; we also help clients to address the risks while accomplishing their business objectives. Such preventative counseling not only minimizes the risk of being sued, it also enhances the probability of success if lawsuits are filed. We also routinely assist our transactional partners in identifying, evaluating and mitigating the risks inherent in a merger or acquisition.
Professionals
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Chicago
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Washington, D.C.
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Charlotte
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Charlotte
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Washington, D.C.
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Los Angeles
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Washington, D.C.
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Los Angeles
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Chicago
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Charlotte
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Charlotte
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Washington, D.C.
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Represent the world’s leading manufacturer of industrial package boilers.
For nearly 20 years we have defended our client against thousands of product liability claims in state and federal courts. We are presently defending approximately 3,000 active cases with about 500 new cases being filed each year. The core of this representation focuses on litigation filed in North Carolina, but we have also been involved in cases pending in California, Texas, South Carolina, Tennessee, Virginia, Massachusetts, New York, Rhode Island, Illinois, Florida and Washington.
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As lead trial counsel, defended the tire defendant in a multiple-month product liability trial
in Southern California involving quadriplegic injuries and a request for eight-figure damages arising from the rollover of a Ford Explorer and the installation and use of certain tires on that vehicle.
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Represent some of the nation’s largest general contractors in product liability litigation
arising out of construction projects. In the current economic climate, general contractors are becoming an increasingly popular target of these types of claims. Examples include defending Halliburton and its former subsidiary KBR, and KBR’s recently acquired subsidiary BE&K in North and South Carolina against claims for exposure to toxic products.
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As lead trial counsel, represented an apartment management company in a premises liability case
involving multiple deaths in an apartment fire. Plaintiffs sought a nine-figure award for compensatory and punitive damages on a theory that our client and other related defendants had not properly installed alarms for the hearing impaired in the apartment complex. After a month-long trial in Dallas, the jury awarded a total net verdict in the low seven figures for all seven plaintiffs with no punitive damages.
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Represented a trade association client and successfully advocated
for the Illinois Supreme Court to limit the application of collateral estoppel in product liability cases and in another case to reject the “market share liability” doctrine.
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As lead trial counsel, defended one of the largest developers and operators of upscale multifamily communities
in a premises liability and catastrophic tort lawsuit in Atlanta involving quadriplegic injuries from a swimming pool incident and a request for eight-figure damages. After a multiple-week trial and verdict, the plaintiff voluntarily dismissed with prejudice and an extremely favorable settlement was obtained on behalf of the defendant.
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Defended medical device manufacturers against claims of defective manufacturing,
design and sale, including claims based on the actions and/or omissions of company representatives involved in the delivery of health care.
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Represented an industrial fan manufacturer in product liability litigation in Detroit
and, through aggressive dispositive and other motions, leveraged an extremely favorable settlement for the client.
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As trial counsel, defended a major national dairy in wrongful death
and catastrophic tort actions arising from a truck accident in Miami, and obtained a defense verdict after a multiple-week trial.
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Defended manufacturers of food and food additives
against defective manufacturing, design and labeling claims.
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Represented the owner and management of a hotel in a premises liability
action arising out of an alleged electrical shock and neurological injuries to an airline pilot in Virginia, and obtained a favorable resolution prior to trial.
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Defended agriculture industry manufacturers including fertilizer manufacturers
in products liability litigation alleging that defective products had destroyed an entire farm and nursery.
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As trial counsel, defended a safety equipment manufacturer in a product liability case
involving a fall at a construction project and paraplegic injuries, and obtained a defense verdict after a multiple-week trial in Virginia.
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As trial counsel, defended a major gasoline retailer in a premises liability case
arising from an explosion in a building and catastrophic burn injuries in Tampa, Florida.
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Represented an automation product manufacturer in New York litigation
arising out of claims that the products allegedly released stray electrical current causing injury or death.
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Defended the manufacturer of the electrical propulsion systems used on cruise ships
against design defect claims, and the manufacturer of the electrical propulsion systems used on offshore drilling rigs against manufacturing defect claims.
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Represented owners and managers of multifamily housing and other real property
in premises liability actions across the country involving fires, explosions, shootings and other events that resulted in catastrophic injuries and death.
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Represented Fortune 500 companies and many other businesses in tort liability cases
across the country involving truck and vehicular accidents that resulted in catastrophic injuries and death.
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Defended an electronic devices manufacturer against claims
of a design and manufacturing defect in a hot water heater control.
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As lead trial counsel, defended the manufacturer of bicycle helmets
in a product liability case involving a catastrophic brain injury in northern California, and obtained a defense verdict after a multiple-week trial.
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Represented a charter airline in a two-week trial to recover damages for fraud
arising out of the sale of Boeing 727, British Aircraft Corporation BAC-111 and Cessna Citation II commercial aircraft.
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Defended an interstate transportation company in mass tort litigation
arising out of an accident on Interstate 26 when an over-the-road truck crashed, spilling hazardous material, closing the highway for several weeks and necessitating the evacuation of local residents.
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