Litigation Department of the Year, Products Liability/Mass Torts: Dechert

What are some of the department’s most satisfying successes of the past year and why? Despite the travails and challenges of a tumultuous year, Dechert’s product liability litigation practice adapted quickly to the new parameters and enjoyed another standout year. In the pharmaceuticals space, we secured a key Second Circuit decision on behalf of Pfizer in the Lipitor litigation, winning the affirmance of a consequential ruling in the Southern District of New York, in which a federal judge found a number of Lipitor claims barred by federal preemption and by New York’s three-year statute of limitations. This success followed an important Sargon ruling for Pfizer in California Superior Court expected to result in summary judgment in most Lipitor cases. The same court also dismissed over 2,000 cases for failing to comply with discovery deadlines. Elsewhere, for GSK, we secured an important win in an MDL in the Southern District of Florida centered on allegations that heartburn medication Zantac causes cancer. For Purdue, we have continued to lead settlement negotiations involving state attorneys general, private claimants, and court-appointed mediators to finalize Purdue’s plan of reorganization and landmark global settlement, which is anticipated to deliver over US$10 billion in value to help abate the opioid crisis. We have also made significant headway in the technology and insurance spaces. We scored an important win for Apple in a putative nationwide class action in the Northern District of California, which centered on allegations that the company had misled consumers about the safety of iPhones. After months of motion practice on all fronts, we secured a complete defense victory in October 2020. We also led the defense for insurer State Farm in litigation over COVID-19 business interruption coverage, winning three wins in quick succession in lawsuits brought by policyholders alleging losses. The August 2020 decision by a Texas federal court to grant Dechert’s motion to dismiss—the first federal court dismissal of such a suit and the first to address a State Farm policy—was particularly satisfying.

A prospective client in crisis calls and asks why your team should be retained. What is your answer? Dechert’s 68-lawyer PLMT group excels at thinking strategically. Even mid-crisis, when clients face challenges on all sides, we are focused on how best to bring about favorable long-term outcomes. Co-leads Mark Cheffo and Sheila Birnbaum are regarded by bench and bar as national experts who think creatively to resolve the most complex cases. Leading a group of senior litigators who draw on an unusually broad range of experience, they have shown an ability this past year to win pivotal rulings and landmark cases in state and federal courts across a wide range of business sectors, from technology, insurance and consumer products to the pharmaceuticals and medical device industries.