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Product Liability, Toxic Torts and Catastrophic Events

Montgomery McCracken’s Product Liability, Toxic Torts and Catastrophic Events Practice has extensive experience representing manufacturers, distributors, and retailers in a variety of products liability and mass tort matters and in a wide range of related services.

We are engaged as trial lawyers or counselors, handling matters in litigation, both in the courts or through alternative dispute resolution mechanisms. Many of these matters are focused on the design, manufacture, or marketing of a product that is alleged to be defective, in breach of warranty, or in violation of consumer protection acts, and whether the claim is for personal injury, property damages, or commercial or economic losses.

We also counsel clients on the prevention or reduction of products liability risks, the development of design review and quality assurance processes, drafting of manuals, instructions and warnings, drafting of warranties, contracts and risk allocation measures, insurance issues, or with regard to post-sale responsibilities such as recalls and retrofit campaigns. We also provide legal audits, seminars for designers, product managers, sales personnel, and other employees, and claims analysis.

We serve as national counsel in defense of various products, including in national class actions and multi-district and multi-national litigation proceedings. We also handle a myriad of individual and discrete claims.

Often, major or multiple claims involve a team of lawyers from a number of firms across the country or around the world, with each having a specific role. This is also an area where we shine, whether it is identifying and developing experts or handling Daubert motions, punitive damages issues, non-party witnesses or otherwise, or providing the forum-specific knowledge and expertise in such mass torts centers as Philadelphia, Pennsylvania or Atlantic, Bergen and Mercer Counties, New Jersey.

In this day of globalization and ready access to developments abroad, Montgomery McCracken attorneys are attuned to the laws of other domestic and foreign jurisdictions as well as the potential impact of a single case or issue on a wide-reaching and multi-national market. We anticipate developments, not merely react. We have the ability to develop an understanding of the technical aspects of widely disparate products, processes and disciplines, as well as the demands and requirements of diverse markets.

A number of our attorneys have also been actively involved in products liability reform, including through active participation in the American Law Institute, Product Liability Advisory Council, the International Association of Defense Counsel, the American College of Trial Lawyers, the Defense Research Institute, the Federation of Defense & Corporate Counsel, the Sedona Conference, and the International Bar Association, as well as several industry associations. We are leaders in conferences both domestically and internationally in the development of products liability law and are directly involved in the current developments in and considerations of collective redress underway in Europe.

We are committed to client service — which means litigating or providing services effectively and economically. At Montgomery McCracken, we believe that the critical measure of the quality of our legal service is client satisfaction. Our goal is to exceed your expectations.


Experience

Representative Clients
  •  Industrial, manufacturing, and commercial equipment
  • Vehicles (industrial, commercial, and passenger) and components
  • Rail cars
  • Pharmaceuticals
  • Medical devices and equipment
  • Chemicals
  • Food and food supplements
  • Asbestos and asbestos-containing products
  • Home products (e.g., smoke detectors, lawnmowers, furnaces, appliances, etc.)
  • Construction and building components and systems
  • Aircrafts and components
  • Computer hardware and software
  • Robotics
  • Boats and other recreational products
  • Ocean-going ships, tugs and other vessels
  • Sporting and athletic products
  • Electrical and electronics products
  • Games and amusements
  • Toys and other children’s products

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