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Lawyer Profile

Image of Janet G. Abaray

Janet G. Abaray

Burg Simpson Eldredge Hersh & Jardine, P.C.
  • Recognized Since:
    2011
  • Recognized in:
    Litigation - Labor and Employment
    Mass Tort Litigation / Class Actions - Plaintiffs...
  • Lawyer Page:
    https://www.burgsimpson.com/oh...
  • Website:
    http://www.burgsimpson.com
  • E-mail:
    jabaray@burgsimpson.com
  • Location:
    PNC Center
    201 East 5th St. , Suite 1340
    Cincinnati, OH 45202

Janet Gilligan Abaray acts as managing shareholder for the Cincinnati office of Burg Simpson Eldredge Hersh & Jardine, P.C. She received her Bachelor of Arts degree from the University of Cincinnati, graduating Phi Beta Kappa and summa cum laude. She graduated Order of the Coif from the University of Cincinnati School of Law where she was Business Manager of the Law Review. She is admitted to practice before the Supreme Court of Ohio, the United States Courts of Appeals for the Third, Sixth, Tenth and Eleventh Circuits and the United States Supreme Court.

Ms. Abaray has extensive experience in complex litigation and pharmaceutical mass torts.  She has been court appointed to national leadership positions in multidistrict litigations involving medical products across the United States, including the Southern District of New York, the Northern District of Ohio, the Southern District of Illinois.  She has also acted as lead counsel and as trial counsel in class action cases.  Ms. Abaray recently served on the Ohio Constitutional Modernization Commission, and currently serves on American Association for Justice Legal Affairs Committee.     

Ms. Abaray began her career as defense counsel for Merrell Dow Pharmaceuticals, Inc. in the Bendectin products liability class action and multi-district litigation (MDL), where she acted as third chair trial counsel. Since 1987, she has represented plaintiffs in many over-the-counter and prescription drug cases, including the L-Tryptophan MDL, the Copley Albuterol class action litigation, where she acted as co-lead trial counsel, and the Fen-Phen/Redux diet pill class action and MDL, where she acted as lead trial counsel for plaintiffs at the Interneuron class action fairness hearing. Ms. Abaray and Michael Burg were appointed by the Court in 2005 as Co-Lead Counsel for Plaintiffs in the Ortho Evra Birth Control Patch Multidistrict Litigation in the Northern District of Ohio. In 2008, Ms. Abaray was appointed by the Court to the Executive Committee for the Heparin Product Liability Multi-District Litigation in the Northern District of Ohio. Ms. Abaray also served as Plaintiffs’ Liaison Counsel and a member of the Plaintiffs’ Coordinating Committee for the Ephedra Products Liability Multidistrict Litigation in the Southern District of New York. Ms. Abaray served as Co-chair of the Science Committee in the Yaz/Yasmin Products Liability Litigation, MDL 2100, in the Southern District of Illinois, where she has been responsible for development of the epidemiologic and pharmacologic evidence. She was also court appointed as Co-Lead Counsel for Plaintiffs in the Depakote mass tort litigation in the Southern District of Illinois. 

Ms. Abaray also represents plaintiffs in insurance and contract disputes. She was the co-lead trial counsel on behalf of 8000 farmers in the Chubb drought insurance class action litigation, participated as trial counsel on behalf of 2000 Cincinnati area physicians in the ChoiceCare HMO litigation, and represented Cincinnati area newspaper carriers in consolidated actions against the Cincinnati Enquirer. She represented 40,000 season ticket holders of the Cincinnati Bengals football team in a successful class action concerning their seat licenses in Paul Brown Stadium. Ms. Abaray has also established national precedent in the area of employment discrimination, successfully arguing in litigation against Ernst & Young to broaden the scope of persons protected by the federal age discrimination statute.

Cincinnati Magazine recognized Ms. Abaray as one of Cincinnati’s best litigation attorneys in 1995, and she has been named an Ohio Super Lawyer, 2005-2018. She was named Trial Lawyer of the Year by the Carl B. Rubin Legal Society in 2013. Ms. Abaray has achieved the highest rating from her peers for quality of legal work, professionalism, and ethics by receiving an “AV” rating by Martindale-Hubbell. Ms. Abaray is also listed in the Bar Register of Preeminent Women Lawyers. Ms. Abaray has also met the standard of excellence for selection as one of The National Trial Lawyer’s Top 100 Lawyers, and The Mass Tort Trial Lawyers Top 25.  She has been recognized by Best Lawyers in America for Mass Tort Litigation since 2011.

Ms. Abaray has served as a faculty member of the National Institute of Trial Advocacy and lectures frequently in the areas of products liability litigation, trial techniques and epidemiology. She has published articles in journals of the American Bar Association, Litigation Section, the Ohio Academy of Trial Lawyers Association, the University of Cincinnati Law Review and the University of Dayton Law Review.

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  • Client Comments
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Lawyer Bio

Janet Gilligan Abaray acts as managing shareholder for the Cincinnati office of Burg Simpson Eldredge Hersh & Jardine, P.C. She received her Bachelor of Arts degree from the University of Cincinnati, graduating Phi Beta Kappa and summa cum laude. She graduated Order of the Coif from the University of Cincinnati School of Law where she was Business Manager of the Law Review. She is admitted to practice before the Supreme Court of Ohio, the United States Courts of Appeals for the Third, Sixth, Tenth and Eleventh Circuits and the United States Supreme Court.

Ms. Abaray has extensive experience in complex litigation and pharmaceutical mass torts.  She has been court appointed to national leadership positions in multidistrict litigations involving medical products across the United States, including the Southern District of New York, the Northern District of Ohio, the Southern District of Illinois.  She has also acted as lead counsel and as trial counsel in class action cases.  Ms. Abaray recently served on the Ohio Constitutional Modernization Commission, and currently serves on American Association for Justice Legal Affairs Committee.     

Ms. Abaray began her career as defense counsel for Merrell Dow Pharmaceuticals, Inc. in the Bendectin products liability class action and multi-district litigation (MDL), where she acted as third chair trial counsel. Since 1987, she has represented plaintiffs in many over-the-counter and prescription drug cases, including the L-Tryptophan MDL, the Copley Albuterol class action litigation, where she acted as co-lead trial counsel, and the Fen-Phen/Redux diet pill class action and MDL, where she acted as lead trial counsel for plaintiffs at the Interneuron class action fairness hearing. Ms. Abaray and Michael Burg were appointed by the Court in 2005 as Co-Lead Counsel for Plaintiffs in the Ortho Evra Birth Control Patch Multidistrict Litigation in the Northern District of Ohio. In 2008, Ms. Abaray was appointed by the Court to the Executive Committee for the Heparin Product Liability Multi-District Litigation in the Northern District of Ohio. Ms. Abaray also served as Plaintiffs’ Liaison Counsel and a member of the Plaintiffs’ Coordinating Committee for the Ephedra Products Liability Multidistrict Litigation in the Southern District of New York. Ms. Abaray served as Co-chair of the Science Committee in the Yaz/Yasmin Products Liability Litigation, MDL 2100, in the Southern District of Illinois, where she has been responsible for development of the epidemiologic and pharmacologic evidence. She was also court appointed as Co-Lead Counsel for Plaintiffs in the Depakote mass tort litigation in the Southern District of Illinois. 

Ms. Abaray also represents plaintiffs in insurance and contract disputes. She was the co-lead trial counsel on behalf of 8000 farmers in the Chubb drought insurance class action litigation, participated as trial counsel on behalf of 2000 Cincinnati area physicians in the ChoiceCare HMO litigation, and represented Cincinnati area newspaper carriers in consolidated actions against the Cincinnati Enquirer. She represented 40,000 season ticket holders of the Cincinnati Bengals football team in a successful class action concerning their seat licenses in Paul Brown Stadium. Ms. Abaray has also established national precedent in the area of employment discrimination, successfully arguing in litigation against Ernst & Young to broaden the scope of persons protected by the federal age discrimination statute.

Cincinnati Magazine recognized Ms. Abaray as one of Cincinnati’s best litigation attorneys in 1995, and she has been named an Ohio Super Lawyer, 2005-2018. She was named Trial Lawyer of the Year by the Carl B. Rubin Legal Society in 2013. Ms. Abaray has achieved the highest rating from her peers for quality of legal work, professionalism, and ethics by receiving an “AV” rating by Martindale-Hubbell. Ms. Abaray is also listed in the Bar Register of Preeminent Women Lawyers. Ms. Abaray has also met the standard of excellence for selection as one of The National Trial Lawyer’s Top 100 Lawyers, and The Mass Tort Trial Lawyers Top 25.  She has been recognized by Best Lawyers in America for Mass Tort Litigation since 2011.

Ms. Abaray has served as a faculty member of the National Institute of Trial Advocacy and lectures frequently in the areas of products liability litigation, trial techniques and epidemiology. She has published articles in journals of the American Bar Association, Litigation Section, the Ohio Academy of Trial Lawyers Association, the University of Cincinnati Law Review and the University of Dayton Law Review.

Read more on firm website
  • Education
  • Bar Admissions
  • Affiliations
  • Award List
  • Additional Information
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge
  • Lawyer of the Year Badge

Education:

  • University of Cincinnati , BA, graduated 1979

Bar Admissions:

  • Ohio, Ohio Bar Association, 1982
  • United States, U.S. Supreme Court
  • United States, U.S. Courts of Appeal, Third, Sixth, Tenth and Eleventh Circuits
  • United States, U.S. District Courts, Northern and Southern Districts of Ohio
  • United States, U.S. District Court, Central and Southern Districts of Illinois

Affiliations:

  • American Association for Justice - Member
  • American Bar Association - Member
  • Bar Register of Preeminent Women Lawyers - Member
  • Chair, Ohio Constitutional Modernization Commission, Sub-committee on the Judicial Branch and Administration of Justice - Chair
  • Cincinnati Bar Association - Member
  • Federal Bar Association (Member, Annual Convention Committee, 2004) - Member
  • Ohio Bar Association - Member
  • The National Trial Lawyers - Member

Named "Lawyer of the Year" by Best Lawyers for:

  • Mass Tort Litigation / Class Actions - Plaintiffs, Cincinnati (2021)
  • Personal Injury Litigation - Plaintiffs, Cincinnati (2020)
  • Mass Tort Litigation / Class Actions - Plaintiffs, Cincinnati (2014)
 

Recognized in The Best Lawyers in America for work in:

  • Litigation - Labor and Employment
  • Mass Tort Litigation / Class Actions - Plaintiffs
  • Personal Injury Litigation - Plaintiffs
 

Awards:

  • Best Lawyers in America, Cincinnati – Plaintiff Class Action and Mass Torts 2014
  • Business Manager, University of Cincinnati Law Review, 1981-1982
  • Order of the Coif
  • Phi Beta Kappa
  • Recommended Attorney, the U.S. Legal 500, 2013 and 2014
  • Jewish National Fund Judge Carl. B. Rubin Legal Society Attorney of the Year, 2013
  • Top 100 Attorney, The National Trial Lawyers
  • Best Lawyers® in America, 2011 - 2016
  • U.S. News – Best Lawyers® – Lawyer of the Year 2014 for Mass Tort Litigation / Class Actions – Plaintiffs, Cincinnati
  • AV Preeminent® Rating, Martindale-Hubbell
  • Honorable Carl B. Rubin Legal Society Lawyer of the Year - 2013
  • Distinguished Service Award, Ohio Academy of Trial Lawyers, 1998
  • University of Cincinnati - McMicken College of Arts & Sciences: Distinguished Alumni Award 2018 
  • National Diversity Council: Top 15 Business Women in Ohio 2018
  • Featured Attorney: Ohio and Kentucky Super Lawyers 2017
  • Best Lawyers - 2011-2020
  • Lawyer of Year Cincinnati 2017: Mass Torts/Class Actions 
  • Top 50 Women Attorneys in Ohio 
  • Martindale Hubbell AV Rated 
  • Martindale Hubbell - Directory of Pre-eminent Women Attorneys 
  • 2019 National Trial Lawyers Top 100 Civil Plaintiff 
  • Top 100 Registry - Business Leaders & Professionals - 2019 Attorney of the Year - recognition outstanding efforts and achievements in the field of law
  • Top 100 Registry - Business Leaders and Professionals - 2020 Legal Eagle 
  • Best Lawyers 2020 - "Lawyer of the Year" for Personal Injury Litigation - Plaintiffs, for Cincinnati 
  • Selected to Ohio Super Lawyers®, 2005-2018

Special Focus:

  • COVID-19
 

Additional Information:

Court and Legislative Appointments

In re Depakote Products Liability Litigation

Co-Lead Counsel for Plaintiffs

(appointed by the Honorable Nancy Rosenstengel, S.D. ILL)

Court and Legislative Appointments

Ohio Constitutional Modernization Commission (2011-2017)

Chair of Subcommittee on the Judicial Branch and Administration of Justice

Court and Legislative Appointments

In re Ephedra Products Liability Litigation (MDL 1598) 

Member of Plaintiffs Executive Committee and National Liaison Counsel

(appointed by the Honorable Jeb Rakoff, USDC, SDNY)

Court and Legislative Appointments

In re Ortho Evra Products Liability Litigation (MDL 1742)

Co-Lead Counsel for Plaintiffs

(appointed by the Honorable David A Katz, N.D. Ohio)

Court and Legislative Appointments

In re Heparin Products Liability Litigation (MDL 2100)

Executive Committee

(appointed by the Honorable David A Katz, N.D. Ohio)

Court and Legislative Appointments

Reddy v. Cincinnati Bengals 

Lead Counsel for Plaintiff Class

(appointed by the Honorable Robert P. Ruehlman)

Court and Legislative Appointments

Dunkelman v Cincinnati Bengals

Lead Counsel for Plaintiff Class

(appointed by the Honorable Robert P. Ruehlman)

Court and Legislative Appointments

Commonwealth of Kentucky v Bayer (Yaz consumer litigation)

Appointment approved by Kentucky Attorney General (2013-Present)

Publications
Keep Defense Experts in Check, AAJ Trial Magazine, Vol. 54, No. 12, December 2018, Janet Gilligan Abaray and David C. Harman 
Publications
Modern Realities Render the Learned Intermediary Doctrine Obsolete, American Bar Association Products Liability, Winder 2010, Volume 21, Number 1, Janet Gilligan Abaray and Erica Kern
Publications
Reply in Support of "Modern Realities Render the Learned Intermediary Doctrine Obsolete" American Bar Association Products Liability, Summer 2010, Number 3. Janet Gilligan Abaray and Erica Kern
Publications
Deja Vu All Over Again: Ohio 2005 Tort Reform Act Cannot Survive a Rational Basis Challenge, University of Dayton Law Review, Vol. 3, No. 2, 2006
Lectures and Presentations
Northwestern Law School: Judicial Symposium, 2009 
Lectures and Presentations
Guest Lecture in Epidemiology: 2011, 2009
Lectures and Presentations
NBI Seminars: 2010, Discovery Tactics 
Lectures and Presentations
AAJ Convention: Summer 2011, Winter 2012
Lectures and Presentations
OAJ Convention: Winter 2012
Lectures and Presentations
Cincinnati Bar Association; Winter 2012 
Lectures and Presentations
MTMP: 2011, 2013
Lectures and Presentations
AAJ Pharmaceuticals Symposium: Fall 2014 
Lectures and Presentations
CBA Seminar: October 2015
Lectures and Presentations
KJA Seminar: September 2017 
Lectures and Presentations
NBI Seminar: 2018, Civil Trial Practice 
Lectures and Presentations
AAJ Winter Convention: 2019 
Publications
Navigating Preemption After Merck Trial magazine (January 2020), The American Association for Justice, co-authored with David Harman
Practice Areas
Complex Litigation; Civil Litigation; Commercial Litigation; Products Liability; Personal Injury; Breach of Contract; Dangerous Drugs, Medical Devices, Defective Products, and Diseases
 

Lawyer Client Comments

Lawyer Practice Areas

Key: Awarded in Best Lawyers Not Currently Awarded for this Area in Best Lawyers

Firm Details

Image for Burg Simpson Eldredge Hersh & Jardine, P.C. View Firm Profile
Burg Simpson Eldredge Hersh & Jardine, P.C.
http://www.burgsimpson.com
 
Headquarters
40 Inverness Drive East
Englewood, CO 80112
(303) 792.5595
6 Office Locations
in 1 Country

United States

United States

Arizona

Arizona

Phoenix, AZ

2390 East Camelback Road, Suite 403

Phoenix, AZ 85016

United States

(602) 777.7000

Get Directions

Nevada

Nevada

Las Vegas, NV

3993 Howard Hughes Parkway, Suite 470

Las Vegas, NV 89169

United States

(702) 668.2070

Get Directions

New Mexico

New Mexico

Albuquerque, NM

4801 Lang Avenue NE, Suite 110

Albuquerque, NM 87109

United States

(505) 424.1850

Get Directions

Ohio

Ohio

Cincinnati, OH

PNC Center

201 East 5th St. , Suite 1340

Cincinnati, OH 45202

United States

(513) 852.5600

Get Directions

Wyoming

Wyoming

Cody, WY

1135 Fourteenth Street

Cody, WY 82414-0490

United States

(307) 527.7891

Get Directions

Legal Insights

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News & Media

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Lawyer Case History

In re: Depakote Litigation

Southern District of Illinois 

Co-Lead Counsel for Mass Action Tort Claims

Result: Litigation resolved for all claimants

In re: Yasmin and Yaz Products Liability Litigation, MDL 2100

Southern District of Illinois

Co-Chair Science Committee

Result: Daubert motions denied; Litigation resolved

In re: Heparin Products Liability Litigation; MDL 1953

Northern District of Ohio

Member of PCC and Executive Committee for Plaintiffs

Result: Daubert Motions denied in part, granted in part, litigation resolved

In re: Ortho Evra Products Liability Litigation, MDL 1742

Northern District of Ohio

National Co-Lead and Liaison Counsel

Result: Settlement of over 2300 cases

Dunkelman v Cincinnati Bengals, Inc.

Hamilton County Court of Common Pleas

(Lead counsel for plaintiff class in breach of contract action involving club seat licenses for Paul Brown Stadium)
Result: Class action certification and settlement 

In re: Ephedra Products Liability Litigation, MDL No. 1598

Southern District of New York

(National Liaison counsel and member of PCC for plaintiffs)

Result: Individual case settlements

Reedy v. Cincinnati Bengals

Hamilton County Court of Common Pleas

(Lead counsel for plaintiff class action in breach of contract action involving seat licenses for Paul Brown Stadium)

Result: Class action settlement and seat relocation program.

143 Ohio App 3d 516 (1st Dist 2001) (Arbitration clause in seat license brochure unenforceable)

Simpson v Ernst & Young

Southern District of Ohio

(Counsel for plaintiff in age discrimination and ERISA case on behalf of partner in Big 6 accounting firm).

Result: Plaintiff verdict $5,000,000 (including attorneys fees and pre/post judgment interest)

 
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