Product Liability Litigation
Frost Brown Todd has a distinguished reputation defending manufacturers and distributors of a wide variety of products as well as counseling clients concerning product liability prevention measures and product recalls.
Nationally Recognized and Centrally Located
In 2010, Frost Brown Todd was named one of six “standout law firms in product liability” by Law360 based upon a survey of 240 corporate counsel conducted by the BTI Consulting Group. According to the report, “These firms have positioned themselves with the world’s most demanding clients as the ones corporate counsel would most like to have by their side in head-to-head competition. In essence, they are the best players in the game.”
We have over 40 Product Liability attorneys, with one-quarter of the group listed in The Best Lawyers in America®. Members of our group are active in Product Liability Advisory Council (PLAC), Defense Research Institute (DRI), Lawyers for Civil Justice and American Bar Association (ABA) and several are invited members of the American College of Trial Lawyers and American Board of Trial Advocates (ABOTA).
By integrating the experience and abilities of our attorneys with the most modern technology and our centralized regional location, our attorneys provide sophisticated, efficient and effective defense for clients facing product liability cases of every type and size.
Experienced Trial Lawyers
Our practice encompasses litigation in state and federal courts throughout the country. Our experience includes multidistrict litigation, serial product liability cases and single-incident loss cases. We have served in many different capacities ranging from national coordinating counsel to lead trial counsel.
Our attorneys have represented clients in product liability matters in all 50 states and Puerto Rico, and we have tried more than 300 jury cases to verdict. Whether we are acting as national trial counsel or local counsel, our product liability knowledge has been invaluable to the successful defense of our clients’ products and brands. Our attorneys also have significant experience defending our results on appeal.
Focused, Value-Driven Services
Frost Brown Todd is committed to helping clients manage their legal costs. From creative solutions that encourage the best thinking on cost control measures to new ways to address pricing scenarios, we partner with our clients to ensure their legal costs are examined and managed carefully.
Cost control starts by using firms with extremely competitive rates. Four recent independent law firm rate surveys indicate that Frost Brown Todd's rates are below the average hourly rates of comparable attorneys in the Midwest. The reason is simple. We have aggressively managed overhead through the years and focused on improving performance through process improvements.
We look for alternatives that lower or control legal costs and design creative partnership arrangements that not only satisfy the strategic legal results demanded by General Counsel but the fiscal integrity sought by today’s CFOs.
Our top priority is to protect the integrity of our clients’ products and reputations. Recognizing that our clients have business concerns that must be carefully factored into a successful legal strategy, we seek to learn all we can about their business and industry so that we proactively identify all issues relevant to building a sound defense.
At the earliest stages of our relationships with clients, we discuss litigation-minimization and cost-saving strategies such as alternative dispute resolution, early case analysis and post-mortem assessments to review successes, outcomes and lessons learned.
The most successful defense of product liability litigation begins with well-designed initiatives in the product development process. Our product liability lawyers exemplify total client service by consulting and advising our clients from the product development process through the defense verdict.
Product Liability Prevention and Defense Counseling
To provide the most effective product liability defense strategies, our lawyers do far more than simply respond to litigation filed against our clients. We work closely and proactively with clients, in-house counsel and engineering staff to prevent future product liability litigation by designing and implementing liability prevention programs. We believe in counseling our clients on business practices and processes that are consistent with and integral to a successful product liability defense.
We routinely advise our clients regarding document organization and retrieval systems as well as e-discovery. Likewise, we help them in developing product safety programs and company histories on product safety initiatives, overseeing compliance with standards, rendering advice regarding contemplated product recalls and responding to actions by safety organizations such as the Consumer Product Safety Commission.
- Ninth Circuit Rejects Consumer Expectations Test and Affirms Exclusion of Metallurgist Dr. Robert N. Anderson2010-04-282010-05-01
In the News
- A Material World
- Frost Brown Todd adds member and senior associate
- Frost Brown Todd Appoints Three Members
- Louisville's largest law firm names four members
- DTCI: Foreseeability and duty of care
- Lawyer stands behind his own rollover crash tests courts ruled inadmissible
- Tennessee to Clarify Breach Notice Encryption Exemption
- Jury awards $6.1M to brothers injured in Marion crash
- Data Breach and Standing: A Royal Mess
- Lawyers, The Quartz Crisis and Swatch Watches: A Lesson On Disruption
- Northern Kentucky legal community’s expanding firms known for involvement and business expertise
- DTCI: Thanks and Welcome
- Legal Outlook: 2017 Is a Year of Dramatic Opportunity
- GLI welcomes new 2017 officers and board members
- Chamber unveils C-Change class of 56 leaders
- So a Lawyer Walks into CES
- Litigation and T.A.R.
- Does FTC flexing its data-breach muscles equal trouble for businesses?
- DTCI Nominations for Board of Directors
- DTCI: Patchett v. Lee: The end of the fight over the admissibility of medical write-offs?
- National Judicial College to honor Kentucky’s Chief Justice John Minton; special reception in Cincinnati
- DTCI: Want to stop the lawyer jokes? Change the perception
- Opinion blocking DOL rule cites clash with ethics rules
- One Vision One Voice: Skyward, Tri-ED launch joint campaign aimed at moving region forward
- William T. Robinson, III named chair of American Bar Association Standing Committee on American Judicial System
- POV guest editorial: Arts master plan
- House takes on persuader rule
- Tennessee Enacted the Toughest Data Breach Law Yet
- Louisville's largest law firm names 12 new members
- Legal Practice Makes Profits in 2015
- Why Louisville's mayor thinks this GE-Haier news is good for the city
- Leadership Louisville Center announces 2016 board of directors
- The Erosion of the Law: Let's Just Certify a Class...Any Class
- Frost Brown Todd partner becomes ABA deputy executive director
- Data theft today poses indefinite threat of "future harm"
- United States: On The Brink Of A Class Action Sea Change? SCOTUS To Hear Robins And Critical Standing Issues
- Ask for permission, not forgiveness, in telemarketing tactics, attorney says
- Supreme Court to Hear 'Non-Injury' Privacy Class Action
- "2014 Was a Very Good Year": 23 Projects, 3,467 Jobs, $464 Million in Sales
- INVESTKentucky Equity Conference Returns to Louisville June 5
- Indy's top tailgater bombs football quiz on 'Rachael Ray'
- Governor makes appointments to boards and commissions
- What happens when a business like Tumbleweed faces eviction?
- National fraternity groups excused from hazing lawsuits
- Filling a need for small-town lawyers
- Female Powerbrokers Q&A: Frost Brown Todd's Beth Naylor
- National Conference Highlights Changing Legal Profession
- Absence of Prior Accidents Evidence – Recent Trends in Admissibility
- Frost Brown Todd Pittsburgh Attorneys Recognized in 2017 Editions of Pennsylvania Super Lawyers® and Pennsylvania Rising Stars®
- Jim Catalano and Alexandria Fisher Join Frost Brown Todd in Nashville
- Frost Brown Todd Attorneys Recognized in 2017 Editions of West Virginia Super Lawyers® and West Virginia Rising Stars®
- Frost Brown Todd Appoints 11 New Members
- Frost Brown Todd Attorneys Recognized in 2017 Editions of Indiana Super Lawyers and Indiana Rising Stars
- 31 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers and 14 Recognized by Kentucky Rising Stars for 2017
- Stephen Embry Appointed Chair of FDCC Substantive Law Section
- Frost Brown Todd expands in Indianapolis
- 168 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2017
- Wm. T. (Bill) Robinson III Appointed Chair of ABA Standing Committee on the American Judicial System
- Wm. T. (Bill) Robinson III Named Chairman of the National Judicial College Board of Trustees
- Carol Smith and Jared Tully Recognized in 2016 Editions of West Virginia Super Lawyers® and West Virginia Rising Stars®
- Frost Brown Todd Announces 12 New Members
- 33 Frost Brown Todd Attorneys Recognized by Ohio Super Lawyers® and 11 Recognized by Ohio Rising Stars® for 2016
- 51 Frost Brown Todd Attorneys Recognized by Kentucky Super Lawyers® and 18 Recognized by Kentucky Rising Stars® for 2016
- 175 Frost Brown Todd Attorneys Listed in The Best Lawyers in America© 2016
- Wm. T. (Bill) Robinson III elected to National Board of Trustees of the American Inns of Court
- Frost Brown Todd Attorneys Recognized in 2015 Editions of West Virginia Super Lawyers® and West Virginia Rising Stars®
- Beth Schneider Naylor receives prestigious global Client Choice Award
- 26 Frost Brown Todd Attorneys Recognized in Indiana Super Lawyers® and Four Recognized in Indiana Rising Stars® for 2015
- Governor Beshear reappoints Bill Robinson to the Kentucky Development Partnership Board
- Kevin Schiferl elected Vice President of American Board of Trial Advocates (ABOTA)
- 8 Frost Brown Todd Attorneys Named to Mid-South Super Lawyers®; Two Attorneys Named to Rising Stars®
- Frost Brown Todd Adds Three Associates to the Firm’s Indianapolis Office
- Lloyd Milliken Receives Inaugural Award from the National Foundation for Judicial Excellence
- Carol Smith and Jared M. Tully Recognized in 2014 West Virginia Super Lawyers® and Rising Stars®
- Federal District Court Delivers Favorable Decision For CNH Industrial America
- Arizona Jury Decides IMMI Not Liable For Injuries Sustained by Fire Truck Captain
- Defense Verdict for Ford after Multi-Week Products Liability Trial
- Frost Brown Todd Welcomes Two Attorneys in the Indianapolis Office
- Nashville Women’s Networking Pioneer Joins Frost Brown Todd
- Frost Brown Todd Obtains Defense Verdict in Seat Belt Defect Case
- Timothy L. Karns Joins Frost Brown Todd
- Nicholas C. Pappas Receives DTCI Defense Lawyer of the Year Award
- 15 Frost Brown Todd Attorneys Recognized as 2011 “Lawyers of the Year”
- Frost Brown Todd's Indianapolis Litigation Practice Recognized as "Highly Recommended Local Litigation Firm"
- Frost Brown Todd's Louisville Litigation Practice Recognized as "Highly Recommended Local Litigation Firm"
- Frost Brown Todd Named a “Standout” Firm in Product Liability and IP Litigation
- Frost Brown Todd Assists in Defense Verdict for Terex
- Frost Brown Todd Attorneys Receive Recognition in 2010 Super Lawyers® Corporate Counsel Edition
- Jeremiah A. Byrne Named Partner of Frost Brown Todd
- Joshua B. Fleming and Daniel P. King Named Partners of Frost Brown Todd
- Kevin C. Schiferl Receives Distinguished Hoosier Award
- Cars of the Future: Product Liability Implications and Solutions
- When Private is Not Private: Privacy Expectations in the Brave New World
- Sometimes, Cases Just have to be Tried
- Ohio Supreme Court rules that employment intentional tort claims are excluded from coverage
- CPSC Flexes Its Enforcement Muscle Again as It Dictates Identical Compliance Programs in Settlements
- CPSC Permitted to Join Former CEO Personally in Action to Recall Products
- President Signs New Medicare Reimbursement and Reporting Law
- Tennessee Tort Reform – Will It Survive Constitutional Challenge?
- Buyers Beware
- The Learned Intermediary Doctrine
- CPSC Consumer Complaint Database Requires Vigilance From Product Manufacturers
- Defense Verdict For Yamaha In Golf Car Fleet Defect Case
- Plaintiff’s Comparative Fault Is Admissible In Indiana Crashworthiness Cases
- Summary Judgment Victory Eliminates Plaintiffs’ Electronic Stability Control Theory
- CPSC Announces Early "Soft Launch" of Database
- New Deadline for Medicare Reporting
- California District Judge Declines to Certify Class for Third Time in Alleged Water Damage/Mold Cases
- Frost Brown Todd Recognized for Product Liability Excellence in 2011 BTI Litigation Outlook
- Kentucky's Product Liability Act and Related Statutes
- The United States Food and Drug Administration Issues Update on Bisphenol A (BPA)
- Consumer Product Safety Commission Database Will Likely Provide a New Weapon for Plaintiffs’ Attorneys in Product Liability Cases
- The So-Called Medical Device Safety Act of 2009: What You Should Know
- Notice of Proposed Rulemaking for Cradles and Bassinets
- Ohio’s Product Liability Act and Related Statutes
- Ruling in/Ruling out Differential Diagnosis
- Medicare Secondary Payer Mandatory Reporting— Another Y2K or Cause for Concern?
- CPSC Provides Guidance on Children’s Product Labeling Requirements
- Indiana's Product Liability Act and Related Statutes
- U.S. Supreme Court Upholds Over $15 Million Product Liability Verdict
- Small Toy Manufacturers Still Crying HELP with CPSIA - TIA to the Rescue?
- Sixth Circuit Adopts Differential Diagnosis Admissibility Standard
- Antitrust Developments: Legislative Changes on the Horizon?
- CPSC Solicits Comments on Legislative Directives that Could Directly Impact Your Company
- Roadmap to Certifying Consumer Products under the Consumer Product Safety Improvement Act of 2008
- Congress Takes Action in Juvenile Products Industry
- Nanotechnology: The New Asbestos
- Ohio Upholds Ten Year Product Liability Statute Of Repose
- $450,000,000 Big Dig Settlement Expected
- CPSC Reporting Refresher: When is a company required to report a potential defect?
- The Supreme Court of Ohio Upholds Cap on Non-Economic and Punitive Damages
- Courts' Treatment of the Self-Critical Analysis Privilege
- Congress Seeks to Strengthen Regulations in Juvenile Products
- Big Dig Criminal Indictment: Zealous Prosecution or Future Trend?
- Congress Seeks to Strengthen Regulations in Juvenile Products Industry
- New Ohio Supreme Court Opinion Clarifies Expert Proof Required for Toxic Exposure Claims
- First Lesson from the Recent Toy Recalls: The Buck Stops Here
- U.S. and Chinese Government Product Safety Agencies Sign Joint Safety Agreement to Improve the Safety of Imported Toys and Other Consumer Products
- Cain v. General Electric
- Federal Court’s Recent Ruling In Vioxx Litigation Impacts Internal Communications Between In-House Counsel and Corporate Personnel
- Despite Common Law Tradition, West Virginia Becomes The First State To Explicitly Reject The Learned Intermediary Doctrine
- Indiana Supreme Court Clarifies Mitigation of Damages Defense in Comparative Fault Act
- Defends numerous international automobile and motorcycle manufacturers in product liability and personal injury claims.
- Serves as national counsel for manufacturers of safety restraint systems in product liability actions.
- Serves as national coordinating trial counsel for major automotive manufacturer in fatality and rollover cases.
- Served as the Defense Liaison for all defendants in the Ford-Firestone multidistrict litigation based in Indianapolis, IN.
- Appointed by a Fortune 500 client to a team of settlement specialists attempting to resolve major nationwide claims involving a high-profile recalled product.
- Defends manufacturers of heavy-duty trucks, agricultural and construction equipment in product liability actions.
- Serves as national counsel for Japanese manufacturer of industrial equipment including dough mixers, cutters, grinders, blenders and presses.
- Serves as national trial counsel for a manufacturer of loader backhoes.
- Serves as regional counsel for a major construction and agricultural equipment manufacturer.
- Defend helicopter engine manufacturer.
- Represent insureds of major aviation insurer.
- Serves as national coordinating counsel for manufacturer of glass, bakeware and home accessories.
- Advises clients on consumer product regulation including CPSC reporting and recall-related issues.
- Served as national coordinating counsel for manufacturers of children’s products, including, car seats, commercial playground equipment and toys.
- Defended a children’s products manufacturer in wrongful death actions.
Drug and Medical Device
- Defends manufacturers in numerous drug and medical device serial litigation matters, including diet drugs and other pharmaceuticals, hip implants, insulin infusion pumps, latex gloves, bone screws, mechanical heart valves, cardiac stents and catheters.
- Served as lead trial and national counsel representing a manufacturer of orthopedic products and instruments in multidistrict litigation.
- Defended pharmaceutical and medical device manufacturers in federal court product liability litigation, including requests for class certification.
Fire and Explosion
- Defends numerous underground mine fire and explosion cases, including most recently the Sago Mine in West Virginia.
- Serves as national fire counsel for manufacturer of agricultural and construction equipment.
- Defended numerous makers of appliances and electronic devices against product-related claims for fire losses, property damage and personal injuries.
- Defended manufacturers and distributors of propane delivery systems, MAPP gas cylinders, smoke detectors, boilers, furnaces, fans and electronic air cleaners.
- Defended companies and individuals in major catastrophic loss cases including the Rhode Island Station Nightclub fire, Oklahoma City bombing, Ivel Natural Gas Pipeline explosion, Rexnord Industrial Plant explosion, Johnny Cash residential fire, San Juan Dupont Plaza Hotel fire and Happy Land Social Club fire.
- Serves as national counsel for a distributor of flavorings in diacetyl and acetaldehyde cases.
- Defends food manufacturers in personal injury claims arising from their products.
- Represented national franchises in the genetically modified corn litigation and E. coli litigation.
- Represented international companies in the genetically modified rice litigation.
Hand and Power Tools
- Serves as national coordinating counsel for international and domestic manufacturers of pneumatic, electric and battery-operated nailers, staplers, screwdrivers and other fastening devices and accessories.
- Serves as national coordinating counsel for S&P 500 company’s manufacturing division of hand-held torches and distributor of gas cylinders.
- Serves on a trade group of legal and standards-making committees handling media issues and CPSC interaction on behalf of various clients.
- Instrumental in developing industry-wide safety warning labels, manuals and safety education programs for end users.
- Serves as statewide counsel for international hand and power tool manufacturer.
- Defends all-terrain vehicle manufacturers in product liability actions.
- Defended marine manufacturers in defeating propeller guarding allegations brought by various plaintiffs in lawsuits in various state and federal courts.
- Defended manufacturers of personal watercraft in product liability suits.
- Serves as national, regional and/or jurisdictional counsel for over 20 asbestos manufacturers.
- Serves as national trial counsel for a manufacturer defendant in welding consumables litigation.
- Serves as national trial counsel in Isocyanate exposure cases in the mining industry.
- Serves as national coordinating and trial counsel for a number of contractors, developers and suppliers of Chinese drywall.
- Serves as managing counsel for a manufacturer of lead paint.
- Served as lead toxic tort counsel for a national lawn care company.
- Defended an industrial client against personal injury and wrongful death claims for alleged job site exposure to benzene or benzene-related products.