Is your client...

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  • facing serial or pattern litigation?

    Need national or regional discovery coordination and litigation strategy?

    Have a national network of experienced product liability counsel?

  • involved in “bet the company” litigation?

    Do they need advice on settlement versus trial/appeal costs and risks?

    Are they developing a new product? Do they need advice on regulatory issues, insurance and product liability prevention?

  • in the transportation industry?

    Could they benefit from a discussion with aviation, trucking or railroad law specialists?

  • looking for lawyers or a team to try important or complex cases?

    Do they need trial lawyers, not “litigators?”

    Do they want early and accurate case evaluations and budgets, rather than “surprises” on courthouse steps?

  • involved in an appeal which could set precedent for your client’s business?

    Do they need excellent, experienced appellate counsel for briefs and argument?

Torts-At-a-Glance
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77 Attorneys

  • Representative Clients

    Armstrong Containers, Inc.

    American Suzuki Motor Corp.

    Bombardier Recreational Products

    Brown & Williamson Tobacco Co.

    Cincinnati Children’s Hospital

    Chevron USA, Inc.

    CSX Transportation, Inc.

    Deere & Company

    Fru-Con Construction Corporation

    General Motors

    Hill-Rom Holdings, Inc.

    Hyundai Motor America, Inc.

    International Flavors &  Fragrances, Inc.

    Kia Motors America, Inc.

    Monessen Hearth Systems Company

    Murray Energy Corporation

    Nalco Company

    Norfolk Southern

    The Procter & Gamble Company

    Nissan North America, Inc.

    Skechers USA, Inc.

    Terex Corporation

    Toyota Motor Sales USA, Inc.

    Yamaha Motor Corporation, USA

    U-Haul Company

    Univar USA Inc.

    University of Kentucky Chandler  Medical Center

    Wal-Mart Stores, Inc.

    West Chester Hospital

  • What We Do

    Asbestos Cases

    Aviation Litigation

    Class Actions

    Construction Claims / Litigation

    Legal Malpractice Defense

    Mass Tort Cases

    Medical Malpractice

    Manufacturing / Distribution

    Motor Vehicle / Motorcycle

    Pharmaceutical  / Medical Devices

    Pipeline Litigation

    Premises Liability

    Product Liability Cases

    Railroad Litigation

    Trucking Litigation

    Toxic Tort Cases

    White Collar

    Criminal Defense

  • Creating Value

    Visible from Coast to Coast

    • Handled some of the most visible product liability cases in the US
    • Nationwide toxic tort, chemical exposure and recreational product defense in federal and state courts

    When Allegations Alone are Damaging

    • Guide businesses through complex litigation, with an emphasis on minimizing disruption, preserving value and mitigating risk
    • Experienced in developing media/public relations strategies to preserve brand reputation

    Efficient, Knowledgeable and Predictable

    • Sophisticated case management applications and procedures  that enable us to efficiently and effectively manage complex  tort cases
    • Attorneys with medical, nursing, pharmacy and engineering backgrounds, to test and develop effective litigation strategies

    National Counsel Experience

    • Coordination of nationwide litigation strategy and discovery for food flavoring manufacturer, bed products manufacturer and manufacturer of hearth products

    When Jury Trials are the Answer

    • Substantial trial experience in state and federal courts
    • Appellate Expertise
    • Briefed and argued important issues in the United States Supreme Court, federal circuit and every level of state appellate courts

Experience Highlights
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  • Volkswagen “Clean Diesel” Litigation in Kentucky

    We were trial counsel in dozens of tobacco/smoking cases including obtaining a defense verdict in a class action in West Virginia making claims for medical monitoring.

  • Murray Energy Corp.

    Since 2014, we have defended Murray Energy Corp. (and/or its subsidiaries) in two lawsuits, one initiated by a sophisticated business entity, and the other an interstate natural gas transmission pipeline company, both of which alleged land use violations and various torts. In March 2016, we obtained a voluntary dismissal for MEC and its subsidiary of the sophisticated business owners’ lawsuit in Belmont County, Ohio, state court wherein the plaintiffs were seeking over $1 million in damages. In July 2015, after prevailing on summary judgment that our clients were not required to pay for any costs associated with protecting pipelines in advance of our longwall mining, we tried a case to the bench to verdict in Franklin County, Ohio Common Pleas Court adverse to an interstate natural gas pipeline company. At trial, we defended allegations that the pipelines sustained material damage resulting from planned subsidence due to our clients’ permitted longwall mining. The pipeline company seeks monetary damages in excess of $5 million dollars plus punitive damages.  We are still awaiting a decision from the Franklin County court.

  • Brown & Williamson Tobacco Company

    We were trial counsel in dozens of tobacco/smoking cases including obtaining a defense verdict in a class action in West Virginia making claims for medical monitoring.

  • Procter & Gamble: Fixodent® Litigation

    We defended P&G in lawsuits alleging that the use of Fixodent Denture Cream caused neurologic disease. The Court issued an exhaustive 39 page opinion granting P&G’s motion to exclude plaintiff’s experts on general and specific causation. Without expert testimony to establish causation, the plaintiff’s case could not proceed and was ultimately dismissed. The finding was the first in the US to assess and reject the scientific basis for lawsuits filed by a number of Fixodent® users.

  • Yamaha Motor Corporation, USA

    We defended Yamaha as national liaison counsel for Yamaha’s Rhino utility vehicle in more than 300 product liability lawsuits in multi-district litigation. We also served as lead trial counsel in the 12 Rhino cases filed in Kentucky courts.

  • Toyota Motor Sales USA, Inc.

    We obtained voluntary dismissal for Toyota of Kentucky statewide class action involving unintended acceleration in Toyota vehicles. We obtained dismissals and favorable settlements for Toyota in multiple product liability cases as a result of successful Daubert and summary judgment motions.

  • LabMD

    Trial defense of a regulatory action by the Federal Trade Commission against the medical testing laboratory accused of inadequate data security practices sufficient to safeguard the Protected Health Information contained on its computer network. In November 2015, we gained a win before an FTC Chief Administrative Judge and set the parameters on how to challenge the FTC on data security matters. The case is currently being reviewed by the FTC commissioners and a decision is expected in June 2016. Depending on how the Commission rules, the case could be appealed to the Federal court.

  • Skechers USA, Inc.

    We represent Skechers in litigation concerning Shape-Ups Rocker Bottom Shoes. The MDL involves approximately 2,150 plaintiffs. The plaintiffs have asserted claims of both traumatic injuries from falls and chronic injuries from wearing the shoes over a period of time.

  • University of Kentucky Chandler Medical Center

    We have obtained defense verdicts for University of Kentucky physicians in eight cases since 2008, many of which involved representation of multiple defendants in matters with complex medical issues and seven-figure damages exposure. Over roughly the same time period, we have handled nine appeals for the University on a wide range of legal issues arising during the course of litigation.  We typically have 10 to 15 active litigation matters open for the University at any given time.  Several of our cases are set for trial in 2016-2017.

  • CSX Transportation, Inc.

    We have received four jury trial defense verdicts for the railroad since 2008. Additional directed verdicts, summary judgments, voluntary dismissals and favorable trial results in Federal Employers Liability Act, general negligence and grade crossing accident litigation.

  • Cincinnati Children’s Hospital Medical Center (CCHMC)

    For the past three years, we have defended Cincinnati Children’s Hospital Medical Center (CCHMC) in 85 to 100 lawsuits related to surgeries performed by an orthopedic spine surgeon, Dr. Atiq Durrani.  Dr. Durrani performed surgeries while employed at CCHMC from 2004-2009, and then at other area hospitals when he left CCHMC and went into private practice.  The cases were pending in Hamilton and Butler Counties, Ohio, but more recently have been consolidated to one judge in Hamilton County.  The defendants are challenging the propriety of that consolidation.  Further, the defendants removed the great majority of the cases to federal court under a CAFA mass tort theory.  Although the District Court granted remand, the remand has been stayed while the defendants seek review by the Sixth Circuit Court of Appeals.

  • International Flavors & Fragrances, Inc.

    National counsel for a major food flavoring manufacturer handling workplace and consumer butter flavoring lawsuits alleging exposure-related respiratory injuries, including bronchiolitis obliterans. These cases initially involved over 700 plaintiffs across federal and state courts in Colorado, Illinois, Missouri, Montana, Ohio, Georgia, Wisconsin and Washington. We convinced plaintiffs’ counsel to dismiss over 530 claims and also tried eight cases in Missouri and Ohio.

Attorney Roster
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DINSMORE & SHOHL LLP | LEGAL COUNSEL

 

FOR INTERNAL USE ONLY. Nothing in this presentation should be construed or is intended to be legal advice.  All images, videos, copyrights, and trademarks used in the presentation are property of their respective owners.  Copyright 2017. All rights reserved.