Products: Class Action, Trade & Industry Representation
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PRODUCTS: CLASS ACTION, TRADE & INDUSTRY REPRESENTATION
From aviation to pharmaceuticals and class actions to health effects, companies that make products come to Nixon Peabody to avoid disputes or resolve them quickly in order to get back to business. They need more than just a product “liability” lawyer—clients need lawyers who add value by covering all legal aspects of their industry. Nixon Peabody is well-known for high-stakes products and complex tort litigation.
When accidents happen, Nixon Peabody’s Products attorneys can respond immediately to investigations by governmental agencies, such as the National Transportation Safety Board, the Chemical Safety Board, and the Occupational Safety and Health Administration. These investigations can result in findings of violations of statutes and rules that can lead to civil and other penalties. Nixon Peabody’s “Crisis Response team,” led by experienced Products attorneys and complemented by colleagues from the firm’s Government Investigations and White Collar Defense and Labor and Employment practices, respond to, lead, and assist in these investigations. The team offers real experience leading investigations and protecting the rights of clients, including those in the transportation (e.g., aircraft, rail, and ground) and petro-chemical industries, employers with more than 10 onsite employees, and product manufacturers.
Lawyers in the group also frequently counsel clients in claims prevention. We make it part of our practice to understand each clients’ business and industry, and we partner with clients to review compliance with industry and government standards. This helps us identify ways to reduce lawsuits and improve a company’s ability to defend future lawsuits through improvements in product testing, warnings, and recordkeeping.
Experienced litigation approach
Our Products trial lawyers know how to talk to juries and have the experience to jump in and handle a client’s case at a moment’s notice, regardless of the underlying subject matter. We have successfully tried high-exposure cases to verdicts across the country and in some of the most difficult venues. This experience is at the heart of the simple yet compelling concept behind NP Trial® and NP Second Opinion. The NP Trial team provides early input on case strategy and contributes to the client’s case through all aspects of the case until the matter is resolved. This not only keeps clients protected in and out of the courtroom, it also offers the most efficient and effective means possible to reach a successful outcome so they can get back to business. If a client desires a second opinion on a matter where Nixon Peabody is not serving as trial counsel, the team is poised to provide that opinion as well.
Litigation is expensive and unpredictable, and we work closely with clients to limit their exposure, bringing a cost-effective approach to every case. We staff major cases efficiently, using appropriately sized teams that offer clients decades of industry-specific knowledge and years of trial experience. These teams are supported with state-of-the-art case management tools to share information quickly among team members and clients, including “extranets” that allow 24-hour communication.
Early case evaluation, using both formal and informal discovery, permits an educated assessment of litigation risks at the outset. Our attorneys are creative problem-solvers who work hard to identify ways to bring lawsuits to prompt, cost-effective conclusions, whether through early settlement, alternative dispute resolution, or motion practice.
Thought Leadership/AlertsCalifornia's green chemistry regulations of consumer products inch closer to completion Products: Class Action, Trade & Industy Representation Alert | April 16, 2013 Can a company director always obtain access to the advice of counsel that was provided to the company? Commercial Litigation Alert | February 27, 2013 . . . View all . . .
One More Item for the New Year: The Deadline Looms for Manufacturers and Importers to Develop and Implement Strict CPSC Compliant Product Testing and Certification Programs
Products: Class Action, Trade & Industry Representation Alert
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January 7, 2013
CPSC continues crusade against high-powered magnets: recall announced for yet another adult desk-toy magnet
Products: Class Action, Trade & Industry Representation Alert
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December 17, 2012
Hong Kong launches consultation on proposal to impose concentration limits of phthalates in toys and child care articles
Products: Class Action, Trade & Industry Representation Alert
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December 7, 2012
Webinar Recording: The First Amendment and Off-Label Promotion: Understanding the Implications of U.S. v. Caronia
Originally recorded December 5, 2012
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December 6, 2012
Recent Pennsylvania decision imposes substantial new burden on defendants in product liability actions
Products: Class Action, Trade & Industry Representation Alert
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December 3, 2012
New York asbestos judge rules bankruptcy claims materials must be disclosed
Products: Class Action, Trade & Industry Representation Alert
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November 19, 2012
The new "Green Guides": Federal Trade Commission's guidance for avoiding deceptive marketing claims
Legally Green Alert
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October 31, 2012
Court strikes a blow against CPSC online database
Products: Class Action, Trade & Industry Representation Alert
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October 30, 2012
Public Notice and Comment Period Ends October 11, 2012 for California's Green Chemistry Initiative's Proposed Safer Consumer Product Alternatives Regulations
Environmental Alert
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October 1, 2012
GARA and federal preemption lead federal court to dismiss claims against aircraft engine distributor/service facility
Aviation Law Alert
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July 30, 2012
Minnesota Supreme Court declines to impose duty to train on aircraft manufacturers
Aviation Alert
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July 25, 2012
The FDA bans Bisphenol A in baby bottles and children's cups—the attention may now turn to other products
Products: Class Action, Trade & Inidusty Representation Alert
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July 19, 2012
Recent developments at the Consumer Products Safety Commission (CPSC) include stepped up efforts at U.S. ports to curtail the importation of non-compliant consumer goods and leveling of record fines
Products: Class Action, Trade & Industry Representation Alert
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June 21, 2012
Applying the Frye test, the Pennsylvania Supreme Court bars experts from opining that any exposure to a toxin is a substantial factor contributing to the development of the disease at issue
Products: Class Action, Trade & Industry Representation Alert
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June 19, 2012
California Court of Appeal holds that the employer/premises owner owes no duty to remote family member for secondary/take-home exposures to asbestos
Products Alert
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May 24, 2012
FDA Denies Petition to Ban BPA
Products: Class Action, Trade & Industry Representation Alert
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April 3, 2012
California Supreme Court affirms limitations on liability for replacement parts
Products: Class Action, Trade & Industry Representation Alert
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January 13, 2012
California Court of Appeal affirms award of pre- and post- statutory settlement offer expert witness fees and the reasonableness of a relatively low pretrial settlement offer
Product Liability Alert
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November 1, 2011
California Supreme Court clarifies limits on recovery of medical expenses in tort actions
Products Liability Alert
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August 23, 2011
Winning in the Court of Public Opinion: Brand Protection in High Exposure Litigation
August 12, 2011
Personal jurisdiction: Is no news from the Supreme Court good news for foreign product manufacturers?
Products Liability Alert
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June 30, 2011
Recent Decisions Raise Red Flags About Implied Federal Preemption of Aviation-Related Claims
Aviation Law Alert
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May 24, 2011
U.S. Supreme Court decides that all design-defect claims are preempted by the Childhood Vaccine Injury Act
Products Liability Alert
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February 22, 2011
GARA Update: U.S. District Court finds GARA applicable to manufacturers producing required overhaul and maintenance manuals
Aviation Law Alert
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February 2, 2011
Food Safety Legislation Signed Into Law
Food Safety and Litigation Alert
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January 6, 2011
Canada enacts sweeping consumer products safety law
Products Liability Alert
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December 21, 2010
U.S. Supreme Court to revisit personal jurisdiction over foreign manufacturers
Products Liability Alert
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November 16, 2010
CPSC Marks First Anniversary of CPSIA with Heightened Standards and Increased Enforcement Power
August 24, 2010
Constitutional Limits on Punitive Damages after Exxon Shipping Co. v. Baker
August 16, 2010
The U.S. Food and Drug Administration Releases a Comprehensive Preliminary Assessment on the Regulation of Medical Devices
FDA Alert
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August 4, 2010
California Court of Appeal issues anomalous opinion holding that aircraft manufacturers‘ maintenance manuals are not subject to GARA
Aviation Law Alert
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July 13, 2010
New tax credit or cash grant for qualifying therapeutic discovery projects
Pharmaceutical, Medical Device, and Life Sciences Alert
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July 1, 2010
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Press
Media Clips- Lippman Names Commercial Division Advisors
Daily Record | March 27, 2013
Rochester Products partner David Tennant is highlighted among those named to New York State Chief Judge Jonathan Lippman’s Commercial Division Advisory Council, which will advise on all matters involving and surrounding the Commercial Division of the state Supreme Court. - CPSC Risks Alienating Industry with Litigation Strategy
Law360 | March 22, 2013
Long Island Products: Class Action, Trade & Industry Representation partner Jim Weller discusses the U.S. Consumer Product Safety Commission’s increased use of administrative complaints. - Q&A With Nixon Peabody's David Tennant
Corporate Counsel | March 13, 2013
This Q&A is conducted with Rochester partner and leader of the firm’s appellate practice David Tennant. . . . View all . . .
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