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    Home /  Practices /  Litigation /  Product Liability & Mass Torts

    Product Liability & Mass Torts

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    The world’s biggest companies turn to Sullivan & Cromwell for our product liability and mass torts litigation counsel, trusting us to guide them through their toughest problems across multiple jurisdictions and before various regulators. We partner with our clients to quickly gain a comprehensive understanding of the facts underlying an issue and the client’s business objectives. Every client’s situation is given a tailored approach.

    As high-stakes product liability and mass torts litigation has threatened different industries, S&C has been at the forefront of finding creative and effective strategies to address these matters.

    Clients frequently rely on our skills in managing complex lawsuits implicating multiple jurisdictions, teams of local counsel, and multiple plaintiff-groups (consumers, insurers, regulators, competitors, suppliers, investors, etc.). We often act as national coordinating counsel or as senior advisors to companies in their most important product liability matters. Our lawyers, who are trained as generalist practitioners, have the skill and professional agility to pivot quickly and expertly among the ever-changing legal and factual issues that arise. Moreover, we prioritize coordination and efficiency in implementing an effective strategy.

    Our lawyers have handled a broad array of environmental and toxic tort litigations under a variety of federal and state laws, foreign national and multinational regulations, and international conventions. S&C lawyers are well suited to handle a diverse selection of matters covering a multitude of industries, including matters involving (i) planes, (ii) trains, (iii) automobiles, (iv) medical devices, (v) products containing PFAS, (vi) talc powder, (vii) weed killers, (viii) pharmaceuticals, (ix) beverages, (x) asbestos, (xi) welding rods, (xii) construction materials, (xiii) oil and gas, (xiv) manufacturing equipment and (xv) lead-clad cable infrastructures.

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    Spotlight

    S&C Obtains Delaware Supreme Court Win for Bayer in Dispute with Merck Over Liability for Consumer Talc Product Claims

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    S&C Obtains Summary Judgment for Volkswagen in Emissions Litigation Brought by Counties

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    • Experience
    • Rankings and Recognitions
    • News
    • Publications, Videos and Podcasts
    • Practice Contacts
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    Experience

    Experience

    • Koninklijke Philips N.V. and affiliates in hundreds of personal injury lawsuits and class actions, including two multidistrict litigations, as well as shareholder litigation and regulatory inquiries, related to the June 2021 recall of more than 10 million CPAP, Bi-Level PAP, and mechanical ventilator devices. Multiple analysts and news reports have commented on the speed and success of S&C’s defense strategies for the company.
    • UnitedHealth Group’s subsidiary, Optum Rx, and its affiliates as lead trial counsel in their opioids litigation across the country, including multidistrict litigation in the Northern District of Ohio and actions brought by municipalities and State AGs asserting claims for, among other things, public nuisance related to the alleged over-supply of opioids.
    • eBay in a decisive victory in a case brought by the DOJ and EPA regarding the sale of certain prohibited items on its online marketplace, including automotive defeat devices and certain pesticides, and in investigations by DOJ and other regulators relating to other prohibited items.
    • Carrier Global and its subsidiary, Kidde-Fenwal, Inc., in multi-district litigation and bankruptcy proceedings arising out of the manufacture and sale of Aqueous Film Forming Foam, a fire suppressant used to control flammable liquid fires, alleging that AFFF products were a source of per- and polyfluoroalkyl substances (“PFAS”).
    • BP in obtaining a series of high-profile victories in actions brought by municipalities and counties around the country claiming that BP and other large oil companies contributed to climate change, including the dismissal, affirmed on appeal by the Maryland Supreme Court, of tort claims brought by three Maryland municipalities—Annapolis, Anne Arundel County, and Baltimore.

    • Walgreens in obtaining a victory in a landmark bellwether case in the national opioid multidistrict litigation, with the Ohio Supreme Court and Sixth Circuit invalidating a $650 million judgment obtained by two Ohio counties.
    • Volkswagen AG, as lead counsel in numerous federal and state actions, including a multi-district litigation in San Francisco, as well as regulatory investigations, regarding allegations that its diesel vehicles emitted nitrogen oxides in excess of the limits imposed by applicable U.S. law. The defense culminated in a three-week bench and two-phase jury trial in San Francisco, California. Following 11 days of trial, the jury rejected bellwether consumers seeking millions of dollars in damages after opting out of the landmark consumer class action settlements.
    • Volkswagen in obtaining the dismissal, affirmed on appeal, of a putative class action in the Northern District of California brought by individuals who purchased and then sold or leased their diesel vehicles before news of the defeat devices became public.
    • Fiat Chrysler Automobiles, in civil litigation and government investigations regarding its vehicle sales reporting methodologies and disclosures, and civil and government investigations related to emissions levels.
    • Philips Electronics North America Corp., in connection with a $1 billion consumer class-action fraud claim relating to the industry-wide use of the controversial chemical Bisphenol-A (BPA) in baby feeding products. The matter was ultimately resolved favorably through a settlement that provided a “most favored nations” clause in favor of Philips Electronics.
    • Philips Oral Healthcare, Inc., in consolidated nationwide class actions related to an alleged defect in the entire new platform of next-generation Sonicare products. Class action status was denied by the district court and summary judgment entered against plaintiffs.
    • Philips, in nationwide consumer litigation challenging defective parts in approximately $2 billion in television sales. S&C was brought in to replace existing counsel to represent Philips and Magnavox. The matter was successfully settled, with total consideration to the class and counsel of less than $1.3 million.
    • Diageo, ending four years of litigation relating to allegations that Diageo’s advertising practices “targeted” persons under the legal drinking age. After plaintiffs’ legal theories were repeatedly rejected by trial and appellate courts in a series of decisions in class actions filed across the U.S., plaintiffs agreed to terminate all remaining actions and appeals. Diageo paid nothing.
    • Building Materials Corporation of America (d/b/a GAF Corporation), in class actions filed in federal court arising out of allegedly defective roofing shingles. The matter was ultimately resolved favorably through a settlement.
    • Current and former directors of The Boeing Company in derivative litigation in the Delaware Court of Chancery alleging the directors breached their fiduciary duty by failing to adequately oversee airplane safety concerning the design and development of the company’s 737 MAX aircraft.
    • Canadian Pacific Railway Company and Soo Line Corporation, in securing partial summary judgment, dismissing approximately $119 million of the $123 million in claims, in an action in the District of North Dakota related to the 2013 derailment of a train carrying a shipment of crude oil from North Dakota near the town of Lac-Mégantic, Quebec, causing an explosion that resulted in 47 deaths, as well as massive environmental damage and property damage.
    • CSR, as senior lead counsel in national asbestos litigation, developing and spearheading a defense strategy resulting in dismissals of CSR for lack of personal jurisdiction from tens of thousands of actions resulting in important precedential decisions.
    • Chadbourne & Parke, in obtaining dismissals of tobacco litigation against it in several jurisdictions.
    • Thomas Weisel, founder and one-time part-owner of the U.S. Postal Service Cycling Team, in a class action in the U.S. District Court for the Eastern District of California brought on behalf of a putative class of purchasers of Lance Armstrong’s books. S&C obtained dismissal of the complaint.
    • Solvay S.A., in connection with a multi-district litigation concerning hormone replacement therapy (“HRT”) products that plaintiffs alleged caused cancer and other ailments. The matter was ultimately resolved favorably through a settlement.
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    Rankings and Recognitions

    Rankings and Recognitions

    • S&C Wins National Law Journal’s ‘Crisis Management and Government Oversight’ Award

      November 6, 2025
    • Robert Giuffra Jr. Named ‘Top 100 Trial Lawyer’ by Benchmark Litigation 2026 for Tenth Consecutive Year

      November 4, 2025
    • S&C Litigators Recognized as ‘Stars’ by Benchmark Litigation 2026

      November 3, 2025
    • S&C a Finalist for National Law Journal’s ‘Appellate Hot List’

      September 9, 2025
    • Sullivan & Cromwell Wins ‘Litigation Department of the Year’ at New York Legal Awards

      September 5, 2025
    • S&C and Philips Shortlisted for American Lawyer’s ‘Best Client-Law Firm Team’

      August 19, 2025
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    News

    News

    • S&C Advises Kidde-Fenwal on PFAS Bankruptcy Sale

      April 18, 2024
    • S&C Obtains Delaware Supreme Court Win for Bayer in Dispute with Merck Over Liability for Consumer Talc Product Claims

      November 20, 2023
    • S&C Co-Chair Robert Giuffra Jr. Speaks with Bloomberg Law about Recent Win for Volkswagen

      July 5, 2023
    • S&C Obtains Summary Judgment for Volkswagen in Emissions Litigation Brought by Counties

      June 27, 2023
    • Bob Giuffra Discusses with AmLaw Litigation Daily Balancing His Role as S&C’s Co-Chair and His “Crisis” Litigation Practice

      October 5, 2022
    • S&C Secures Summary Judgment for Volkswagen in Litigation Over Certified Pre-Owned Vehicles

      July 15, 2022
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    Publications, Videos and Podcasts

    Publications, Videos and Podcasts

    • Tariffs Tracker – Tariff Refund Claims Spur Litigation, Potential Deals

      S&C Memos |  March 26, 2026
    • Supreme Court Overturns Purdue Bankruptcy Plan

      S&C Memos |  June 30, 2024
    • The New Proposed Federal Rule 16.1 and Its Implications for Multidistrict Litigation

      Podcasts |  May 8, 2024
    • Supreme Court Business Review

      S&C Memos |  July 8, 2021
    • The Globalization of Mass Civil Litigation

      Emerging Issues |  July 2, 2021
    • Early Settlement Offers and Offers of Judgment in Products Liability Cases

      Podcasts |  March 9, 2021
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    Practice Contacts

    Practice Contacts

    Robert J. Giuffra Jr. Headshot Photo
    Robert J. Giuffra Jr.
    New York
    +1-212-558-3121
    Email
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    William B. Monahan Headshot Photo
    William B. Monahan
    New York
    +1-212-558-7375
    Email
    vCard
    Suhana S. Han Headshot Photo
    Suhana S. Han
    New York
    +1-212-558-4000
    Email
    vCard
    Sharon L. Nelles Headshot Photo
    Sharon L. Nelles
    New York
    +1-212-558-4000
    Email
    vCard
    Mark F. Rosenberg Headshot Photo
    Mark F. Rosenberg
    New York
    +1-212-558-3647
    Email
    vCard
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