Mass Torts, Insurance and Consumer Litigation | Capabilities | Skadden, Arps, Slate, Meagher & Flom LLP

The Mass Torts, Insurance and Consumer Litigation Group at Skadden has been involved in many of the significant complex tort and consumer fraud litigations of the last 30 years, many of which are considered “bet-the-company” matters. The group pioneered the “national counsel” model of handling mass tort litigation and has strong relationships with local defense lawyers in virtually every state. We handle some of the most noteworthy cases nationwide for clients such as Altria, Anheuser-Busch, Bausch & Lomb, Electrolux, Intuitive Surgical, Johnson & Johnson, Lincoln Electric, Merck, Nissan, Pfizer, Red Bull and Toyota.

Our practice is comprised of experienced litigators who have defended cases on every level — from formulating and implementing national strategy in multijurisdictional litigation to conducting Daubert hearings and trials, as well as pursuing significant appeals. We have been lead defense counsel in a number of MDL proceedings, developed experts and conducted expert discovery, mapped strategies to obtain important early victories on substantive motions in key jurisdictions, coordinated discovery in thousands of actions, and prepared for and conducted precedent-setting trials. Skadden also has served as appellate counsel in landmark cases in many state and federal appellate courts and files amicus briefs in appeals that raise significant substantive law issues.

Additionally, we have been involved in numerous developments in class action law. For example, several attorneys in our group were instrumental in the passage of the Class Action Fairness Act, which expanded federal jurisdiction over class actions and prevents plaintiffs from “forum shopping” by filing their claims in state courts known to be plaintiff-friendly. We also regularly represent the Product Liability Advisory Council and the U.S. Chamber of Commerce as amici in appeals involving important class action principles.

Our attorneys have been among the lead proponents of expanding the use and application of the “no injury” doctrine, which holds that a plaintiff fails to state a legally cognizable injury when he or she is merely seeking recovery for the alleged heightened risk of physical or economic injury. Also, we have developed and implemented the “class-wide proof” concept in scores of class actions, persuading federal and state court judges to deny certification because the plaintiffs could not properly try their claims on a class-wide basis. We have experience combating efforts to water down the “injury” and “causation” elements of many causes of action through the use of “presumed reliance” and “market fraud” arguments.

Skadden was named 2022 Washington, D.C. Litigation Department of the Year for Product Liability by The National Law Journal, 2021 Litigation Department of the Year by the New York Law Journal and a finalist in the general litigation category of the New York Law Journal’s 2023 and 2022 Litigation Department of the Year competitions. We also were named a finalist in The American Lawyer’s 2021 Litigation Department of the Year competition and a finalist in the Products Liability category of the publication’s 2023 competition. We were named among Law360’s Product Liability Groups of the Year for 2022. We ranked in the top tier for Mass Torts and Consumer Class Actions by Chambers USA 2023. Skadden also has been named to BTI Consulting Group’s Fearsome Opponents list and recognized repeatedly among BTI’s Fearsome Foursome. Additionally, we ranked in the top tier for Mass Tort Litigation/Class Actions — Defendants by Best Lawyers Best Law Firms.

Nissan Motor Co., Ltd. in securing a Ninth Circuit affirmance of the dismissal of a federal class action complaint (and the dismissal of a subsequent complaint by the trial court) in connection with Nissan’s vehicles equipped with the “Intelligent Key,” in which plaintiffs alleged that because of noncompliance with certain provisions in the Federal Motor Vehicle Safety Standard, drivers could depart their vehicle when the automatic transmission was not in the “park” position, allowing the vehicle to roll away unattended.
Toyota Motor Corporation and Toyota Motor Sales, U.S.A. in multidistrict unintended acceleration litigation, venued in the Central District of California.

BHP Billiton in securing the dismissal of a Pennsylvania state asbestos personal injury litigation.
Lincoln Electric Co. (and other welding industry defendants) as lead counsel in federal multidistrict litigation and state court mass tort proceedings involving more than 12,000 products liability claims brought by individuals who allegedly suffered injuries caused by manganese inhaled during use of welding consumables. Once considered the “next asbestos,” with claims valued in the billions, defendants have been victorious in 26 of 31 individual cases that have gone to trial, and three of the plaintiff victories were later overturned on appeal. Over the eight-year history of the litigation, more than 85 percent of the claims have been voluntarily dismissed, and most of the few remaining were resolved in 2012 through a nominal settlement.
SIGG Switzerland Inc. in securing the dismissal with prejudice of an MDL proceeding after SIGG filed for Chapter 11. Plaintiffs in this consolidated master class action alleged that SIGG falsely marketed its reusable aluminum bottles as free of Bisphenol-A and that the liners on the bottles leaked BPA.

Conseco Life Insurance Co. in securing a favorable decertification ruling in a federal breach of contract class action in which the court agreed with Skadden’s arguments to decertify the class and, citing the Supreme Court’s Wal-Mart v. Dukes decision, ruled that those who were no longer policyholders could not be part of the class, removing approximately 40 percent of the class members and limiting the relief.
Fidelity National Financial and several of its subsidiaries in an Illinois consolidated class action involving claims seeking recovery for title insurance premiums paid during a six-year period as alleged “kickbacks” to attorney agents proscribed by the federal Real Estate Settlement Procedures Act.
The Port Authority of New York and New Jersey, together with Larry Silverstein (who was represented by another law firm), in obtaining a verdict against nine insurers that allowed the Port Authority and Silverstein to receive an additional $1.2 billion in insurance proceeds arising out of the destruction of the World Trade Center on Sept. 11, 2001. After a four-week trial and 11 days of deliberations, the jury determined that the loss of the World Trade Center was the result of two separate occurrences, the collision of two planes into the towers. The verdict allowed a recovery of two sets of insurance limits under Silverstein’s insurance program. Skadden also represented the Port Authority in its settlement of property damage and loss of revenue insurance claims. After nine years of litigation, the U.S. District Court for the District of New York dismissed, in their entirety, two pending consolidated coverage actions. In total, the Port Authority collected well in excess of its per-occurrence limits from its carriers.

National Hockey League as lead MDL counsel and coordinating counsel in a proceeding asserting personal injury claims on behalf of all former NHL hockey players.
National Football League in securing the dismissal of a federal personal injury class action filed by 10 retired NFL players, including Hall of Fame defensive end Richard Dent, who alleged that the NFL and its teams improperly provided prescription painkillers and anti-inflammatories to players through team physicians and trainers in order to push players back to the field, to the detriment of their long-term health.

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