Product liability, negligence and wrongful death cases with significant monetary liability and regulatory exposure require thoughtful strategy to include focus on development of facts and legal theories that will make a difference at trial.
High profile and multiple-plaintiff product liability and wrongful death actions also often spawn regulatory and sometimes criminal parallel investigations. Hueston Hennigan’s reputation for trial expertise and ability to create effective strategies to defeat parallel civil, regulatory and criminal matters makes it the firm of choice for these actions.
Our experience ranges from winning and defeating billion-dollar product liability and wrongful death cases at trial, to declinations of regulatory and criminal investigations, to creative and successful motions strategies to leverage highly favorable settlements.
Experience
Won “landmark” opioid trial for Endo Pharmaceuticals in a $50 billion public nuisance action. Three of the most populous counties in California and the City of Oakland brought suit against opioid manufacturers alleging public nuisance, false advertising and unfair competition. The jurisdictions claimed that manufacturers’ alleged false and misleading marketing caused a $50 billion public nuisance. The win was hailed as “giv[ing] drug companies their first major victory in the litigation brought by cities and counties across the country over the opioid crisis,” American Lawyer. (See “How Hueston Hennigan Notched A Landmark Opioid Trial Win,” Law360; “Opioid Makers Win Major Victory in California Trial,” New York Times; “Drug Makers Handed First Win Out of Thousands of National Opioid Crisis Lawsuits,” Newsweek).
On behalf of Amazon and Twitch, secured a first-of-its-kind decision in New York state, with the New York appellate court dismissing lawsuits alleging our clients and other social media companies were liable for the fatal mass shooting in Buffalo, New York. The plaintiffs—victims of the shooting and their family members—contend the shooter was radicalized by extremist and racist content on social media and that his ability to livestream on Twitch motivated him to commit the crimes. The claims included wrongful death, product liability, negligence, and infliction of emotional distress. (See “Social media companies not liable for 2022 Buffalo mass shooting, New York court rules,” Reuters; “Social Media Cos. Score Toss Of 2022 Mass Shooting Suit,” Law360; “In Buffalo Shooting Massacre, Appellate Judges Dismiss Claims Against Social Media Companies,” Law.com).
Secured a $5.15 billion settlement after trial for the Tronox Trust against Anadarko Petroleum Company and Kerr McGee Corporation for claims including wrongful death and fraudulent transfer of massive environmental, tort, retiree, and other liabilities. (See “Tronox Trust Wins Up to $14B in Kerr-McGee Spinoff Row,” Law360; “Anadarko, Kerr-McGee liable for Tronox cleanup costs,” Reuters).
Secured the complete dismissal on summary judgment of the lead plaintiff’s case in $200 million wrongful death and negligence litigation against the country’s largest integrated healthcare system. Subsequently, all other plaintiffs agreed to dismiss their claims. The litigation, which related to a travel nurse who allegedly caused a high-profile fatal crash, had potentially widespread implications for the healthcare system’s liability involving its off-duty nurses and contracted workers. (See “Judge ends $195M Kaiser lawsuit over fatal crash,” Daily Journal).
Secured declination of criminal investigation and defending Southern California Edison and Edison International in all civil litigation arising out of the 2017 Thomas Fire and 2018 Montecito mudslides. The fire, the then largest in California history, allegedly caused over two dozen deaths, destroyed over 1,000 structures, damaged over 250 structures, and burned over 280,000 acres. Our roles include defense of all civil litigation and consultation and engagement with regulatory and investigatory agencies.
Secured a series of damages bellwether trial victories for a Western utility, which is facing numerous lawsuits over four separate wildfires that swept through Oregon over Labor Day weekend in 2020. The wildfires burned over 500,000 acres across at least five counties and allegedly destroyed over 2,000 structures and caused multiple deaths. Plaintiffs allege that our client bore responsibility for the ignition or spread of the fires and seek economic and non-economic damages. In multiple bellwether damages trials, we have persuaded juries to award plaintiffs just a fraction of the damages sought.
Secured highly favorable settlement for Union Pacific in wrongful death case involving multiple potential tortfeasors. Plaintiffs’ claims relied on alleged nondelegable duties under FMCSA regulations for intermodal equipment providers.
Defending Medtronic against claims that defects in its insulin pump and infusion set caused a user to experience hypoglycemia, fall five flights of stairs, and suffer catastrophic injuries. Plaintiff’s theories include product liability, negligence, and violation of California unfair competition law.
Obtained a dismissal with prejudice of all claims for Ecobat, the global leader in battery recycling and lead production, in tort litigation alleging over $80 million in damages arising from the company’s operation of a facility in Southern California.
Representing the State of Hawaii and advising the Governor and Attorney General, secured a historic global settlement exceeding $4 billion which—in less than one year—resolved all claims stemming from the Aug. 8, 2023 Maui wildfires, one of the largest natural disasters in the state’s history with over 100 deaths. Lead counsel in the design and creation of a uniquely tailored $175 million fund for families of the wildfire victims. Organized various defendants to participate in the fund, which will provide quick and certain relief to wrongful death and personal injury plaintiffs who choose to opt in. Separately, we are working closely with the governor and his team to develop legislation in response to the wildfires. We are serving on Hawaii’s Climate Advisory Team, which is assisting with the state’s strategy to mitigate the financial impact of climate change in the wake of the fires. Our role also includes supervision and involvement in all investigations, which have included representation of the state’s witnesses who testified at the Congressional hearings investigating the cause of the catastrophic wildfires. (See “Hawaii Inks $4B Maui Wildfires Deal Ahead of Anniversary,” Law360; “Battle with insurers follows $4.03B Maui fire settlement,” Daily Journal; “Who Were the Attorneys Behind the $4B Hawaii Wildfire Settlement?” Law.com; “The Case for a Climate Impact Fee,” Time).