Products Liability & Torts
Using the Science and Technology Behind the Product
Our products liability and tort attorneys have a combination of intelligence, tenacity, work ethic and strategic thinking that has led to successfully defending companies in some of the largest products and mass torts litigation in the country. We have the ability to not only quickly identify and grasp the key legal issues in our cases, but to understand and use the science and technology behind the products to posture our cases for a successful defense. Our team consists of attorneys licensed in multiple states and we defend our clients in courts across the country. From opioids to infant formula to chemicals and consumer products, we have been able to obtain favorable results for our clients.
From Individual Catastrophic Cases to Class Actions and MDLs
Our team handles a wide variety of complex mass tort litigation, MDLs (multi-district litigations), and class actions, as well as serious individual suits alleging personal injury and/or economic loss against manufacturers. We assist our clients with recalls, product withdrawals and regulatory actions with the Food and Drug Administration (FDA) and other federal and state agencies. Our attorneys frequently counsel clients related to warranties, contracts, indemnities and insurance coverage for products liability claims, the Consumer Protection Act, and internal investigations.
Diverse Industry Experience
The cases we handle for manufacturers cross all industry groups, including:
- Asbestos
- Automotive
- Chemical
- Children’s and infants’ products
- Consumer products
- Electronic devices
- Food and beverage
- Manufacturing products
- Medical devices
- Pharmaceuticals
- Telecommunications
Aggressive Pursuit of Clients’ Interests
Our attorneys are ready to aggressively pursue our clients’ interests. We use discovery to locate favorable arguments within documents and testimony and have had great success in getting cases dismissed early or granted summary judgment as a result. When appropriate, we utilize these tools to posture cases for an early and favorable settlement. As experienced trial lawyers in addition to litigators, we are prepared to take the case all the way to trial when necessary. At the same time, we recognize the importance of early attempts to resolve litigation, through mediation or otherwise, and are adept at employing all methods of alternative dispute resolution to meet our clients’ objectives.
Our attorneys serve as national counsel, discovery counsel, expert counsel, regional counsel, and local counsel. We are experienced at working with regional and national counsel in order to fashion a global strategy for the resolution of multiple cases involving the same product.
Success in Every Forum
We are strong communicators, both with the courts and our clients. We use oral argument at both the trial court and appellate court levels to effectively advocate our clients’ positions within the bounds of the law. We keep our clients informed according to the level of communication they request so that they can keep their decision makers well-informed.
From successfully arguing in the first ever Tennessee Supreme Court Zoom hearing to arguing before the Sixth Circuit or the local trial court in a rural jurisdiction, we have experience in a multitude of courts across the country.
Experience
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Representation of Mallinckrodt Pharmaceuticals, a global pharmaceutical manufacturer, in numerous cases in courts across Tennessee, Kentucky, and Virginia
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Representation of HigherDOSE, a growth stage wellness product and services company, as outside general counsel. We advise the company on corporate entity structure; equity incentives; intellectual property protection; data privacy, including CCPA and GDPR compliance; FDA compliance; commercial contracts; waivers; product safety and advertising matters.
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Represented a manufacturer in complete dismissal of a multiple plaintiff products liability class action lawsuit
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Representation of a pharmaceutical company in a patent infringement case related to the sale and marketing of a cancer treatment drug
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Represented Neles-Jamesbury and Metso Automation in significant precedent-setting litigation related to whether a product manufacturer has a duty to warn of the dangers of other manufacturers’ products that are foreseeably used together.
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Represented a large consumer products manufacturer in two class action claims alleging our client’s product emits a chemical in an amount higher than the manufacturer disclosed that resulted in personal injury
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Representing a large industrial manufacturer in a large number of individual asbestos cases filed in Knoxville, Tennessee
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Represented a preclinical biomedical company in an environmental investigation and remediation that has occurred since 1998
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Defended Novartis Consumer Health against claims of renal failure from the use of a pharmaceutical product
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Assisted GlaxoSmithKline (GSK) with defense of the litigation by serving as one of their science counsel, working with the medical literature and experts
Professionals
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
Notice
Visiting, or interacting with, this website does not constitute an attorney-client relationship. Although we are always interested in hearing from visitors to our website, we cannot accept representation on a new matter from either existing clients or new clients until we know that we do not have a conflict of interest that would prevent us from doing so. Therefore, please do not send us any information about any new matter that may involve a potential legal representation until we have confirmed that a conflict of interest does not exist and we have expressly agreed in writing to the representation. Until there is such an agreement, we will not be deemed to have given you any advice, any information you send may not be deemed privileged and confidential, and we may be able to represent adverse parties.
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Chambers USA
"Top-notch firm with an outstanding reputation for its wide-ranging civil litigation expertise. Well equipped to handle disputes in highly regulated industries, with notable strengths in financial services and healthcare cases. Demonstrates wider strengths in corporate disputes, including securities class and derivative actions, IP claims and privacy disputes. Also active in bankruptcy-related litigation. 'Bass, Berry & Sims has the depth of resources and a professional team capable of handling the most complex legal matters.' 'I am impressed with every aspect of the team that services our case. The depth of the research, writing and oral argument is very impressive. I have worked with firms around the country and would put this group at the top.' 'The firm is highly responsive, results-oriented, and anticipates the needs of clients. The team has handled a number of complex matters on behalf of our organization and we have extreme confidence in their legal acumen.'"
From Chambers USA 2022
Benchmark Litigation
Bass, Berry & Sims named "Tennessee Firm of the Year" in 2022 by Benchmark Litigation