Mass Torts and Product Liability

The Mass Torts and Product Liability Group at Skadden has been involved in many of the most significant complex tort, product liability and multidistrict litigations of the last 30 years, including numerous “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. Attorneys in our ranks have handled some of the most noteworthy cases nationwide for clients such as Alaska Airlines, Bayer, DePuy Synthes, Endo Pharmaceuticals, Ethicon, Hyundai, Intuitive Surgical, Janssen Pharmaceuticals, Johnson & Johnson, Kia, Lincoln Electric, Merck, Monsanto, National Football League, National Hockey League, Pfizer, Snap, Toyota and Zhejiang Huahai Pharmaceuticals. Whether serving as national coordinating counsel, lead trial counsel, resolution counsel or appellate counsel, we deliver results at every phase of mass tort and product liability litigation.

Bet-the-Company Defense Across Industries

Our practice spans the most significant and rapidly evolving areas of mass tort and product liability defense, including:

• Pharmaceutical and medical device litigation.
• Food contamination and adulteration.
• AI and algorithmic system liability.
• Social media and digital platform exposure.
• Toxic tort litigation.
• Medical monitoring class actions.
• Automotive product liability.
• Emerging and regulated consumer products.
• Sports-related personal injury claims.

High-profile mass tort and product liability matters frequently involve or generate related consumer class actions, mass arbitrations, and government investigations and enforcement proceedings at the state and federal level. We work seamlessly to muster resources within our practice group and to collaborate with other attorneys throughout the firm to manage these parallel proceedings as part of a coordinated defense strategy.

Trial-Tested Litigators Delivering Results From MDL Strategy Through Appeal

Our practice comprises 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.

Our attorneys have been involved in an exceptionally large number of MDL proceedings (often as lead counsel) and have been the source of creative, often-emulated defense coordination strategies and reform initiatives.

Clients rely on us to handle all aspects of mass tort and product liability litigation, including:

• Preparing for and conducting precedent-setting trials.
• Serving as lead defense counsel in MDL proceedings.
• Crafting strategies to win early key pre-trial motions, including obtaining grants of summary judgment motions (e.g., absence of admissible causation evidence) and denials of personal injury and medical monitoring class certification motions.
• Developing experts and conducting expert discovery.
• Coordinating discovery in thousands of actions.

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.

Scientific Rigor and Strategic Efficiency

Our approach combines scientific rigor with strategic efficiency. We partner with leading scientific and technical experts across disciplines, challenge flawed methodologies with precision and leverage disciplined case management processes to identify issues and bring complex litigation to early, definitive conclusions. We also bring sophisticated e-discovery and information governance capabilities to manage the vast document volumes inherent in mass tort proceedings.

Pre-Litigation Counseling

Skadden counsels clients on the potential product liability implications of new product development, drawing on experience working alongside in-house scientists and regulatory teams to help mitigate litigation risk before claims arise.

Thought Leadership and Policy Advocacy

Skadden has been involved in numerous developments in class action and MDL proceedings law. Members of our team 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 product liability and class action principles. Members of our team also frequently testify before congressional and state legislative committees and judicial rulemaking bodies in support of reform initiatives.

Mass Torts and Product Liability Practice Recognition

• First tier for Product Liability and Recall
  – Benchmark Litigation, 2026
• Ranked in Product Liability and Mass Torts: The Elite
  – Chambers USA 2026
• Top-ranked in Mass Tort Litigation/Class Actions — Defendants
  – Best Lawyers Best Law Firms 2026
• Distinguished in Litigation for Product Liability
  — ranked in the top 8% of all firms – The BTI Consulting Group, 2026
• Products Liability Litigation Department of the Year Finalist
  – The American Lawyer, 2023
• Washington, D.C. Litigation Department of the Year for Product Liability
  – The National Law Journal, 2022
• A Product Liability Group of the Year
  – Law360, 2022