Mass tort litigation poses risks to many types of businesses, whether resulting from large-scale disasters or complex, changing regulations. We combine a comprehensive understanding of these intricate issues with insightful counsel to develop effective legal strategies that protect our clients’ vital interests.
We assist clients in a wide range of tort litigation. Because these actions are complex—often involving multiple private and governmental parties—we draw on our experience in other areas, including regulatory investigations and criminal defense, to develop a comprehensive strategy ensuring that our clients have every advantage. At all times, we move aggressively but prudently to give our clients the best chance of resolution at every stage. If informal resolution proves elusive, we draw on our deep bench of seasoned litigators to take the case to trial, achieving victories for the defendants and plaintiffs we represent.
Clients ranging from Fortune 500 companies to governmental entities entrust us with their most significant and challenging matters due to our strategic, creative approach to litigation and problem-solving. In every matter, we gain a thorough knowledge of our clients’ organizations to understand their priorities and develop a legal strategy that makes business sense. At the same time, we pride ourselves on our ability to leverage out-of-the-box thinking that disrupts our opponents’ litigation strategy and recovery expectations.
Experience
Serving as national coordinating counsel and trial counsel for ExxonMobil in more than 30 climate change-related actions brought by state attorneys general, counties, municipalities, and other groups. The matters are in state and federal courts across 20 states and are brought under various common law and statutory theories, including public nuisance and consumer protection. (See “ExxonMobil taps Hueston Hennigan to lead climate litigation defense,” Daily Journal).
Served as lead national coordinating counsel and trial counsel for Endo Pharmaceuticals for a portfolio of opioid litigation across the country – and won a “landmark” trial defense victory in a $50 billion nuisance case. Architected litigation strategy and served as lead trial counsel in bellwether trials. The Hueston Hennigan team intentionally expedited a California case to trial to create a possible favorable first-in-nation trial result. Four California jurisdictions claimed that the manufacturers’ alleged false and misleading marketing caused a $50 billion public nuisance. The resulting trial victory was hailed by The American Lawyer as “giv[ing] drug companies their first major victory in the litigation brought by cities and counties across the country over the opioid crisis.” (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).
Serving as lead national coordinating counsel and trial counsel for Epic Games in dozens of state and federal suits that are testing the bounds of tort law as it applies to publishers and developers of video games. Epic, along with other video game developers and platforms, faces claims that it designed its Fortnite video game to addict minor and adolescent players. Across dozens of cases filed across the country, we have led efforts on behalf of Epic. In cases where courts considered the merits of the complaints (i.e., where motions to dismiss were adjudicated), we have established law that the First Amendment protects video game developers against addiction claims. (See “The first video game addiction lawsuit got knocked out. Will others follow?” Reuters; “Activision, Epic, Video Game Developers Face Addiction Suit,” Bloomberg Law).
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. Hueston Hennigan has obtained favorable pre-trial resolutions for the client with nearly 2,000 plaintiffs to date. In multiple bellwether damages trials, we have persuaded juries to award plaintiffs just a fraction of the damages sought.
Serving as lead national coordinating counsel and trial counsel for a portfolio of mass torts/product liability cases for AbbVie, a defendant in the multibillion-dollar Allergan textured breast implant litigation involving multidistrict litigation (MDL) pending in District Court of New Jersey, multicounty litigation (MCL) in New Jersey state court, and judicial council coordination proceedings (JCCP) in California superior court. The matter includes a nationwide class action, claims by over 5,000 individual plaintiffs, and management of bellwether discovery across all three proceedings in preparation for upcoming bellwether summary judgment proceedings and trials. The plaintiffs contend AbbVie’s BIOCELL® textured breast implants cause a rare type of cancer, and they argue AbbVie is liable under manufacturing defect, failure to warn, and misrepresentation theories. Secured favorable settlements of the most serious cases—thus vastly reducing AbbVie’s exposure—and are preparing for bellwether trials in the second tranche of cases.
Representing Edison International and Southern California Edison in connection with a string of high-profile wildfires across Southern California, including the 2017 Creek Fire, the 2017 Thomas Fire, the 2018 Woolsey Fire, the 2019 Saddleridge Fire, the 2020 Bobcat Fire, the 2020 Silverado Fire, the 2022 Fairview Fire, the 2022 Coastal Fire, and the 2025 Eaton Fire. Each of these fires involve thousands of filed cases. Our role encompasses defense of all civil litigation and consultation and engagement with complex overlapping regulatory and investigatory agencies. We have also designed innovative mass-tort resolution strategies in these wildfire cases that have significantly reduced aggregate exposure.
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. 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).
Defending a leading international retailer related to high-profile mass tort litigation stemming from a fatal shooting spree at one of its stores. After civil proceedings were reinstated following the shooter’s criminal conviction, Hueston Hennigan was tapped to defend the company against claims including negligence, vicarious liability, and failure to provide adequate security.
Won defense verdict following a five-week bellwether jury trial in a mass tort environmental action brought against Fortune 100 client. This result led to a similarly favorable global settlement of all related cases for less than five percent of the plaintiffs’ demands.
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.
Secured historic $5.15 billion settlement after trial against Anadarko Petroleum Company and Kerr McGee Corporation for claims including wrongful death and fraudulent transfer of massive environmental, tort, retiree, and other liabilities. As litigation trustee, Hueston Hennigan served as coordinating counsel and was responsible for all litigation and trial strategy. Our clients—the Kerr-McGee environmental and torts creditors—had a choice: stand in line in bankruptcy court to receive pennies on the dollar or accept a stake in litigation against Kerr-McGee for fraudulent transfer. The creditors—including the Navajo Nation, a number of states, the U.S. government, and classes of tort plaintiffs—chose to file suit in bankruptcy court and alleged that the spin-off of Tronox prior to the sale of Kerr-McGee constituted a fraudulent transfer because the Tronox entity was essentially insolvent at the time of the transfer. The underlying allegations and proof of damages in the suit were environmental: the history of Kerr-McGee’s uranium mining, wood treatment, and rocket fuel processing operations. After the conclusion of a successful multiple month trial, we secured a settlement for $5.15 billion, the then largest environmental award in U.S. history. (See “Tronox Trust Wins Up to $14B in Kerr-McGee Spinoff Row,” Law360; “Anadarko, Kerr-McGee liable for Tronox cleanup costs,” Reuters).
Successfully moved to dismiss and established new law that limited the reach of the Alien Tort Statute in defending Royal Dutch Shell in two mass tort cases: Wiwa v. Royal Dutch Petroleum and Kiobel v. Royal Dutch Petroleum. Both alleged that Shell was complicit in human rights abuses against human rights activists in Nigeria. The plaintiffs asserted claims under the Alien Tort Statute and the Torture Victims Protection Act, alleging that Royal Dutch Shell aided and abetted the Nigerian government in committing numerous human rights violations.