Boies Schiller Flexner’s products liability practice represents clients in complex, high-stakes product disputes with an approach that distinguishes the group from many of its peers. We are among the few major law firms with decades of experience on both sides of product liability litigation, including serving as national trial counsel for Fortune 500 companies while also prosecuting large-scale plaintiff matters resulting in settlements exceeding $1 billion. Regardless of posture, our clients benefit from the strategic insight that comes from seeing product cases from every angle — how they are built, defended, tried, and resolved.
Our approach to product liability litigation is deliberately different from firms that focus on moving large inventories of cases through standardized discovery playbooks. We concentrate on matters that present significant exposure, novel legal questions, or trial risk — including bellwethers, single-plaintiff cases, class actions, and MDLs that demand intensive factual development, creative legal thinking, and strategic judgment. We litigate every case as though it will be tried, methodically building the record to support dispositive motions, trial strategy, and appellate outcomes. The group also has substantial experience serving as legal issues and appellate preservation counsel, developing briefing strategies and arguing critical issues to ensure that trial victories endure and adverse rulings are properly positioned for appeal.
On the defense side, we regularly represent manufacturers, distributors, and retailers in cases involving consumer products, pharmaceuticals, medical devices, automotive components, and industrial equipment. We have served as trial counsel in dozens of product liability trials and are frequently asked to step into matters that are headed for the courtroom, including cases worked up by other firms. Our lawyers are deeply experienced in litigating claims involving design defects, manufacturing defects, failure to warn, and alleged misrepresentations, as well as in managing complex scientific, regulatory, and causation issues central to modern product liability litigation. We have achieved numerous defense jury verdicts as lead trial counsel in multimillion-dollar products liability suits filed against Philip Morris USA and managed the successful conclusion of mass tort litigation that had been pending against DuPont for more than two decades.
On the plaintiff side, we represent individuals, consumer groups, governmental entities, and institutional plaintiffs in product defect and product safety matters involving catastrophic injury, wrongful death, and large-scale economic harm. Our recent work includes leadership roles in landmark MDLs and coordinated proceedings, with outcomes such as a $1 billion settlement arising from defective automotive airbags, the largest settlement in Cherokee Nation history related to prescription drug distribution, and multibillion-dollar consumer settlements involving emissions and product testing misconduct in the Volkswagen “Clean Diesel” MDL. These matters are driven by innovative legal theories, rigorous expert development, sophisticated damages modeling, and coordinated litigation strategies across jurisdictions.
We also work closely with leading firms worldwide to pursue and defend product liability matters outside the United States, with experience across Europe, South America, the Middle East, and Australia. Across all representations, we are known for trial readiness, strategic discipline, and the ability to integrate litigation, science, and regulatory considerations into a unified strategy. Whether defending against claims or pursuing recovery, our team delivers practical, courtroom-tested solutions tailored to each client’s business objectives and risk profile.