“…whip-smart and provided expertise on matters deemed very important to us. Massey & Gail has deep trial experience and can be counted on to provide exceptional counsel.”
Chambers USA Client
As generalists, Massey & Gail attorneys are adept at handling complex product liability and injury cases. Clients call upon us when their case does not fit the ordinary paradigm, when the stakes are substantial, or when the matter involves novel factual or legal issues that do not lend themselves to the traditional playbook.
We have represented clients in a diverse array of product liability and injury cases. This includes novel matters such as the Flint Water contamination cases in Michigan, representation of cancer claimants in J&J’s bankruptcy proceedings, and representing clients and witnesses located in foreign jurisdictions. We have handled product liability and injury cases across federal and state courts, including individual cases, coordinated proceedings, and parallel litigation.
Representative Matters
Talc Claimants
Represented the Official Committee of Talc Claimants in the landmark LTL Management bankruptcy litigation, securing two Third Circuit decisions dismissing Johnson & Johnson’s “Texas Two-Step” restructuring strategy and establishing limits on the use of bankruptcy to resolve mass tort liabilities.
Family of Seth Rich
Represented the family of murdered Democratic National Committee staffer Seth Rich in litigation against Fox News arising from allegedly false and defamatory reporting and conspiracy theories surrounding Rich’s death, involving claims for intentional infliction of emotional distress and related torts; resolved through settlement.
TIAA
Represented TIAA in a $1.2 billion defamation and antitrust action in Delaware Superior Court involving alleged reputational and competitive harm; obtained summary judgment.
Costa Rican Banana Plantation Workers
Represented Costa Rican banana plantation workers before the Supreme Court of Hawaii in a long-running toxic tort action involving alleged exposure to the banned pesticide DBCP and resulting sterility injuries, addressing causation, expert testimony, and evidentiary standards for proving pesticide exposure.
Flint Water Crisis
Represented plaintiffs in the Flint Water Crisis litigation involving claims arising from lead contamination of Flint, Michigan’s municipal water supply, including complex personal injury, property damage, sovereign immunity, insurance coverage, and latent injury issues affecting adults, children, and businesses.
Multinational Holding Company
Represented refrigeration division of one of the largest multinational holding companies in a multi-party products liability action in the U.S. District Court for the Northern District in Illinois arising out of $13 million office building fire.
Law Firm
Representing a plaintiff-side law firm in objecting to a proposed nationwide class settlement involving claims related to glyphosate-based herbicides, challenging the adequacy of protections for future claimants.
Pall Corporation
Represented Pall Corporation in California state court litigation in California involving breach of warranty claims related to municipal water treatment systems.