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John J. Weinholtz



John Weinholtz is a member of the Products: Class Action, Trade & Industry Representation group. He represents companies in federal and state court litigation and counsels companies on regulatory and industry compliance matters.

What do you focus on?

Today I focus my practice on three main areas, leveraging more than 20 years of experience to help clients manage their most complex litigation and significant regulatory compliance issues.

Complex Tort & Commercial Litigation

I represent product manufacturers and sellers in multi-party, multi-district litigation involving serious personal injuries and complex commercial damages. Also, I have extensive experience in complex tort litigation, including cases brought by entire communities, work forces and consumer groups alleging toxic exposure and/or economic damages.

National & Regional Counsel

My team and I have served as national and regional counsel in aggregate litigation and class actions. We help our clients develop consistent approaches to successfully defend cases in a cost-efficient manner. We aim to deliver a “victory” to the client, both in the courtroom and in the boardroom, by structuring an approach to litigation that is designed to put the client in the best legal position possible and also meet the client’s economic goals.

Regulatory & Industry Compliance

I counsel companies on compliance with rules and regulations of government agencies, including the Consumer Product Safety Commission (CPSC) and the Occupational Safety & Health Administration (OSHA). Also, I lead companies through agency investigations and corrective actions, including product recalls.

What do you see on the horizon?

I foresee more government regulation of industries, particularly with regard to health and safety issues. At both the state and federal level, we see more regulations being proposed to limit or exclude various chemicals or materials from products and the workplace, require extensive new warnings, and set extremely low exposure levels that trigger various new responsibilities, including medical surveillance. This would include, for example, the new federal OSHA beryllium rules and related state rules. We are working with clients to ensure that their views are heard on proposed regulations, to advise them on what additional regulations may be coming in the near future, and to challenge regulations in court and through the regulatory process.

Publications and Presentations

  • “Are You Recall Ready?” Nixon Peabody Webinar, October 2014 (Presenter)
  • “Litigation Management & E-Discovery: New Tools for Cost Containment,” Nixon Peabody CLE Seminar, June 2012.  (Presenter)
  • “Asbestos Litigation Update: New Legal & Scientific Frontiers,” Nixon Peabody Webinar, April 2012. (Presenter)
  • “CPSC’s Heightened Scrutiny of Chemicals: Potential Impact on Product Liability Trends,” American Conference Institute’s April 2010 Conference on Chemical & Toxic Tort Litigation, Chicago, IL. (Presenter)
  • “The Reluctance to Certify Mass Class Under CAFA,” Law 360, November 2009. (Author)
  • “The Distracted Driver: What Does it Mean to the Defense of an Auto Product Liability Case,” Auto Liability Conference of the Trial Tort & Insurance Practice Session of the ABA, Phoenix, AZ, March 2004. (Presenter)
  • “Defending ‘No Injury…Yet’ Medical Monitoring Claims in Class Action Settings,” The Brief (ABA Publishing, Vol. 30, No. 3), Spring 2001. (Author)
  • “Recent Developments in Products, General Liability and Consumer Law,” ABA’s Tort and Insurance Law Journal, Winter 1998 edition. (Author)
  • “The Restatement (Third) Adopts a ‘Reasonable Person’ Standard for the Post-Sale Duty to Warn:  What Does It Mean for Product Sellers?” The Network for Trial Law Firms Seminar in Scottsdale, Arizona, April 1998. (Presenter)

Contact

John J. Weinholtz

Partner

Buffalo

Phone: 716-853-8141


Fax: 866-283-1399

State University of New York at Buffalo, B.A., magna cum laude

State University of New York at Buffalo, J.D., cum laude

New York

U.S. District Court, Western District of New York

U.S. District Court, Northern District of New York

U.S. Court of Appeals, Eighth Circuit

U.S. Court of Appeals, Third Circuit

John was selected by his peers for inclusion in The Best Lawyers in America© 2018 in the field of Commercial Litigation. John has been listed in Best Lawyers since 2016.

Member of the Product Liability Committee of the American Bar Association’s Tort, Trial and Insurance Practice Section, served as President in 2004; Member of the  Defense Trial Lawyers Association of Western New York, served as President in 2003; Member of the ABA’s Litigation Section, Trial Practice Committee; Member of the New York State Bar Association, Tort, Insurance and Compensation Law Committee and CPLR Committee; Member of the Erie County Bar Association, Negligence Committee and State and Federal Practice Committees.

As part of a commitment to give back to the community, John has dedicated substantial time to pro bono matters. He also is a member of the firm’s Pro Bono Committee, which formulates policy and strategy for pro bono efforts on a firm-wide basis and national level, and he is the Buffalo Office coordinator for local pro bono efforts.

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