Find Lawyers in New York, New York for Mass Tort Litigation / Class Actions - Defendants
David Bernick is a partner in the Chicago and New York offices of Kirkland & Ellis LLP. He is a nationally renowned trial lawyer and strategist, having acted as lead trial counsel for major U.S. and international corporations in the chemical, tobacco, technology and life sciences industries for 40 years. His experience spans complex class action and other aggregated litigation, mass torts and product liability, antitrust and competition, business restructuring and reorganization, mergers ...
Abbie concentrates in the areas of toxic and mass tort litigation matters, construction labor law and property damage cases, product liability, and pharmaceutical defense on behalf of Fortune 500 companies, insurers and their insureds. She is national coordinating counsel for asbestos litigation, DES litigation, maintenance service companies, a national inspection and audit company and represents manufacturers and distributors of asbestos containing products and major drug manufacturers and d...
“My clients know that they can rely on me to communicate regularly and focus on our strategy. It is important to “sweat the details”. Paying attention to details is how one leverages a case to an equitable resolution.” Stan represents clients as national, regional, local and trial counsel in all phases of complex liability litigation including commercial, mass torts and toxic torts, environmental, construction defect and product liability cases. He was named the defend...
“It is important for me to provide a road map for clients to develop and then implement a litigation strategy focused on efficiently solving a problem, be it by early evaluation and prompt resolution or, if necessary, litigate through trial.” David focuses primarily on representing corporations as national, regional, local and trial counsel in all phases of complex product liability litigation from pre-litigation crisis management through trial. He has been involved in the defense...
Mr. Kraus focuses his practice on complex civil litigation matters, including mass torts and class actions involving pharmaceutical product and medical device liability, as well as toxic torts. He has defended cases centered on cutting-edge medical and scientific issues, with an emphasis on developing and presenting expert witness testimony and opposing expert witnesses proffered by adverse parties. He has represented some of the largest international pharmaceutical companies in product liabi...
Richard Zielinski, who practices in Boston and New York, is a nationally known ‘bet the company’ trial lawyer who handles a wide range of complex, high-stakes commercial litigation. He is also known for his specific expertise in legal malpractice defense. According to Chambers USA, Richard is ‘very smart, thorough and knowledgeable. ’ Clients say he is ‘fantastic on his feet’ and ‘thinks seven steps ahead of everyone else.’ He has extensive tria...
Deena Crimaldi is a client-focused litigator who strives to develop strategies that are not only successful but tailored to each client’s specific needs. Ms. Crimaldi concentrates her practice on construction, product liability, general commercial, and mass liability toxic tort litigation. She has experience representing corporations involved in talc and asbestos litigation, toxic tort litigation, construction, and other complex cases in multiple jurisdictions. Ms. Crimaldi has ten year...
Mass Tort Litigation / Class Actions - Defendants Definition
Class actions and mass tort litigation typically arise from a single episode or related events that allegedly injure a “mass” of individuals and/or their property. The number of claimants may range from a few dozen to many thousands. The volume of plaintiffs and complexity of claims and issues dictate special judicial management and require experienced defense counsel. In mass tort litigation, global issues that affect all claimants may be consolidated, especially in federal courts. Cases may be aggregated in federal multi-district litigation (“MDLs”) for coordination of pretrial proceedings, in which questions of fact common to all plaintiffs, key legal issues, and discovery may be handled on a global basis. Following the determination of fact issues, plaintiffs’ unique claims often are tried independently. The Court may order trials of the claims of certain plaintiffs in mass tort litigation as test, or “bellwether,” cases. Bellwether cases may provide the courts with guidance on the related claims’ suitability for group development and litigation. State court consolidation and management vary widely. With class actions, the class of plaintiffs may be voluminous, with all asserting damages arising from a common occurrence or related events; however, in contrast to mass tort litigation, the “class” often is represented by a single individual or a small group of individuals who embody the claims and damages of the larger group. Class actions in federal courts are governed by Federal Rule of Civil Procedure 23. Members of the “class” may be bound by findings related to that class. Class certification often is denied due to state law restrictions (or prohibitions) on class actions or the predomination of plaintiffs’ individualized circumstances over any common issues.
Defense counsel's role in consolidated litigation includes all tasks inherent in the traditional litigation setting, with an added managerial component of litigation coordination and organization of global discovery, including:
- Identification and differentiation of the nature of individualized and global claims
- Document management and review, including electronic data and e-mails
- Expert witness development and preparation
- MDL and bellwether trials
- Defeating class certification
- Improper joinder
- Development of comprehensive trial strategies
- Development of consistent factual and legal positions in coordination with counsel representing named defendants on local and national levels
- Working with lawyers from different firms as a “virtual” law firm
- Trials of claims of certified classes or individual mass tort plaintiffs
- Global settlement negotiations
Recognition by Best Lawyers is based entirely on peer review. Our methodology is designed to capture, as accurately as possible, the consensus opinion of leading lawyers about the professional abilities of their colleagues within the same geographical area and legal practice area.
Best Lawyers employs a sophisticated, conscientious, rational, and transparent survey process designed to elicit meaningful and substantive evaluations of the quality of legal services. Our belief has always been that the quality of a peer review survey is directly related to the quality of the voters.
Enhancing Consumer Safety Through Winning Jury Trials and Substantial Settlements
by Justin Smulison