Overview
We advise Fortune 500 companies of all sizes in virtually every industry, including more than 600 consumer brands and manufacturers. We have deep experience defending clients against mass/toxic tort and product liability claims in the following sectors:
- Aerospace
- Automotive
- Cannabis, cannabidiol (CBD) and hemp
- Chemical
- Consumer products
- Electrical
- Energy
- Food and flavorings
- Heavy equipment
- Logistics
- Medical devices and pharmaceutical
- Nanotechnology
- Rubber
- Waste management
Our Approach
Our mass/toxic tort and product liability litigation group works across offices and industry teams to help clients assess potential litigation risks facing their sectors, defend cases and minimize the exposure saddling their companies.
What We Do
When our clients are faced with toxic tort, chemical exposure and product liability claims, Vorys mobilizes its nationwide bench of trial and appellate lawyers to represent them in state and federal courts across the country.
Our experience includes:
- Resolving thousands of claims each year through voluntary dismissals, summary judgments, trials and carefully crafted settlements
- Serving as lead trial, national and national coordinating counsel in state, federal and appellate courts in 49 states, the District of Columbia and U.S. island territories
- Litigating everything from single-plaintiff cases in state courts to high-profile multijurisdictional mass tort cases in federal courts
Often product liability and toxic tort cases are brought as large class actions involving claims of chemical exposure, personal injury, property damage or loss of use and enjoyment of property, stigma and emotional distress. Our attorneys have defeated efforts to certify such classes and have successfully defended our clients on the merits of the remaining individual or consolidated claims.
On numerous occasions, Vorys has served as national counsel in federal multidistrict litigation (MDL) established by the U.S. Judicial Panel on Multidistrict Litigation. In these cases, we utilize the benefits of the MDL, we employ a virtual team approach across jurisdictions to manage dockets of varying sizes and complexity, and we train and partner with local counsel to implement effective defense strategies.
As data management counsel, we work to ensure claim data and reporting are accurate and largely automated, settlements are processed efficiently, and plaintiffs’ counsel are complying with their administrative agreements. We also create customized databases for managing and tracking discovery, witnesses and exhibit lists. Our team of certified project managers and Lean Six Sigma professionals advises on process improvements and creates automated workflows to streamline case work and optimize litigation budgets.
Our team also includes Vorys’ strategic communications professionals, who assist clients with media relations issues surrounding incidents, such as crisis communications, investigative reports and reporter inquiries. To help clients prepare for the unexpected, we regularly conduct pre-incident response training for personnel, develop action plans for emergencies, conduct audits and organize emergency response drills.
Litigation Avoidance
We advise on strategies to avoid litigation and comply with the Occupational Safety and Health Administration (OSHA), Hazard Communication Standard (HCS), as well as other federal and state regulations covering clients’ products. We also provide counsel and training on product specifications, product and package design, and other issues to mitigate liability.
Settlement Strategy
When claims arise, we guide our clients in overcoming procedural hurdles and help them make informed decisions about whether to litigate or settle cases. When appropriate, we assess the potential for a cost-effective settlement to advance our clients’ litigation goals. In cases where classes are certified, we navigate the array of notice and approval requirements applicable to classwide settlements. Our experience enables us to develop and assess appropriate notice and distribution procedures, often with the assistance of a claims administrator.
Awards and Recognition
We are proud to have earned long-standing recognition as a “Leading Law Firm” in Ohio for general commercial litigation in the prestigious Chambers USA guide. In its 2024 edition, Chambers USA lauds Vorys’ experience “in representing large clients in a range of matters, including class actions, toxic torts” and other areas of litigation.
Additionally, we have earned top honors as a Tier 1 firm in Ohio for “Mass Tort Litigation / Class Actions – Defendants” in the Best Lawyers® “Best Law Firms” report since 2011, as well as state recognition for “Product Liability Litigation – Defendants” since 2010.