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Product Liability

Boies, Schiller & Flexner serves as both defense and plaintiff's counsel in product liability litigation. Our diverse experience covers a broad range of products in cutting-edge litigation:

  • The Firm has successfully defended Philip Morris in multiple cases filed in Puerto Rico seeking to hold the company responsible for illnesses allegedly caused by smoking cigarettes. Boies, Schiller & Flexner also successfully defended the dismissal of the health care cost reimbursement case filed by the Republic of Venezuela in Florida, Republic of Venezuela ex rel. Garrido v. Philip Morris Companies, Inc., 827 So. 2d 339 (Fla. 3d DCA 2002). We are also actively involved in the defense of the cases brought by flight attendants seeking to recover for harm allegedly caused by their exposure to environmental tobacco smoke on airplanes.
  • Boies, Schiller & Flexner has successfully litigated product liability claims against washing machine manufacturers and component manufacturers for defective water hoses.  Representing a major insurance company as subrogee, the Firm established the first appellate decision in the United States to allow aggregating over ten thousand separate actions in a single case, State Farm Fire & Cas. Co. v Dayco Prods., Inc., 798 N.Y.S 159 (N.Y. App. Div. 2005). We proceeded to obtain a favorable partial summary judgment on liability, after which the case settled.  
  • We are currently prosecuting a number of product liability claims against manufacturers of power saws for failing to use available technology that would stop the saw blade upon contact with human flesh.  There are over $2 billion of economic losses each year associated with table saws, and our lawyers are litigating claims in a number of states against each of the major saw manufacturers.
  • The Firm represented Interneuron Pharmaceuticals in its litigation against American Home Products, arising from product liability concerns associated with the diet drug Redux, which had been jointly marketed by the two companies.