David R. Geiger

Partner, Chair, Product Liability & Complex Tort Practice - Boston

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617.832.1124

617.832.7000

dgeiger@foleyhoag.com Download vCard

David R. Geiger is a premier civil litigator who has been recognized by The Best Lawyers in America and New England SuperLawyers, and by election to the American Law Institute, for his accomplishments. He served for seven years as Deputy Chair and Chair of Foley Hoag’s Litigation Department, and since 1989 has headed the firm’s Product Liability and Complex Tort Practice Group.

Mr. Geiger represents business clients in all types of disputes, such as product liability (including pharmaceuticals and medical devices), toxic torts, medical and genetics negligence, breach of privacy, other personal injury claims, class actions, multidistrict litigation, governmental actions, insurance litigation, breaches of contract, allegations of fraud and unfair trade practices, commercial warranty disputes and intellectual property controversies.

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Education:

  • Harvard Law School, J.D., magna cum laude, 1980
  • Dickinson College, B.S., Political Science and Mathematics, summa cum laude, 1977

Representative Experience

Product Liability and Complex Tort Litigation

  • Valve Manufacturer National Asbestos Counsel
    • National counsel to major valve manufacturer, defending over 21,000 asbestos claims in New Jersey, Mississippi, Texas, California, Illinois, Missouri, Ohio, Wyoming, Maryland, New York, Pennsylvania, Delaware, Massachusetts, Rhode Island, Michigan, West Virginia, Iowa, Washington and Connecticut
    • No plaintiff recoveries; won hundreds of dismissals and summary judgments
  • Opioid Litigation Counsel
    • Counsel to healthcare system and member physicians in over 20 filed or threatened suits in Maine state court by cities and counties seeking to recover alleged costs of prescription and illicit opioid abuse and addiction, including emergency response and treatment costs, criminal justice expenses, etc.; suits removed to Maine federal court and conditionally transferred to federal multidistrict litigation in Ohio
  • Appellate Amicus Briefs
    • Author or editor of more than 45 appellate amicus briefs, including in United States Supreme Court (more than 15), United States Courts of Appeals for the First, Third, Fourth, Seventh, Ninth and Tenth Circuits and appellate courts in New York, California, Texas, Pennsylvania, Ohio, Massachusetts, Maryland, Oklahoma and Arizona
  • Weld v. Hoffmann-La Roche Inc.
    • Defense of Hoffmann-La Roche in Massachusetts state court breach of privacy and unfair and deceptive trade practices class action involving pharmacy chain informational mailings
    • Limited class to Massachusetts only; won summary judgment
  • Harshbarger v. Philip Morris Inc., et al.
    • Defense of Brown & Williamson Tobacco Corporation in $7 billion Massachusetts state court action by Attorney General to recover Medicaid expenses allegedly to treat tobacco-related illness
    • Won summary judgment on multiple counts, including approximately $4.6 billion multiple damages claim; defendants reached favorable settlement
  • Brown & Williamson Tobacco Corporation Mass Tort Cases
    • Defense of Brown & Williamson in numerous individual and class actions including by labor union welfare fund for alleged cigarette-related diseases
    • Won dismissals or summary judgment in all cases
  • Sandberg v. Microsulis Americas, Inc.
    • Defense of endometrial ablation device manufacturer in Texas state court action alleging uterine perforation, sepsis, hysterectomy, diverticulectomy, appendectomy, cholecystectomy and urinary problems
    • Obtained treating physician's admission of multiple deviations from FDA-approved prescribing information; won favorable settlement
  • Middlemiss v. Becton Dickinson and Company
    • Defense of Becton Dickinson in Massachusetts federal court product liability action by firefighter for burns allegedly suffered in use of plastic work gloves
    • Conducted jury trial; won favorable verdict
  • Sidel v. Ciba-Geigy Corporation
    • Defense of Ciba-Geigy in Rhode Island federal court wrongful death action seeking compensatory and punitive damages for decedent’s hematologic illness and death allegedly resulting from prescription drug
    • Conducted jury trial, introducing presentations of all defense witnesses; won favorable settlement
  • Keenan v. Parke-Davis Division of Warner-Lambert Company
    • Representation of Warner-Lambert on appeal in Rhode Island Supreme Court of $20 million compensatory and punitive damages award for birth defects allegedly suffered by twins from mother’s use of anti-convulsant
    • Filed appellate brief; won favorable settlement
  • Lecomte v. Power Medical Interventions, Inc.
    • Defense of medical device manufacturer in Belgian lawsuit alleging multiple surgeries, coma and permanent injuries from failure of intestinal anastomosis using automated surgical staples
    • Defeated request for provisional damages; submitted detailed expert report negating defect and causation to court-appointed expert
  • Garside v. Hoffmann-La Roche, Inc.
    • Defense of Hoffmann-LaRoche in Massachusetts federal court action for child’s blindness and hearing loss allegedly resulting from antibiotic
    • Won summary judgment and First Circuit appeal
  • Crohn v. Bristol-Meyers Squibb Company
    • Defense of Otsuka America Pharmaceutical, Inc. in Massachusetts federal court action alleging movement disorder from use of anti-depressant
    • Won successful settlement
  • Pyne v. Watts Regulator Co.
    • Defense of valve manufacturer in Massachusetts state court wrongful death action alleging mesothelioma due to asbestos exposure
    • Empaneled jury to begin trial; won summary judgment
  • Sunday v. Thomas & Betts Corporation
    • Defense of HVAC equipment manufacturer in Massachusetts state court wrongful death action alleging mesothelioma due to asbestos exposure
    • Obtained plaintiff's expert's admission he had no reliable scientific evidence of causation; won dismissal on eve of trial
  • Kougasian v. Davol, Inc.
    • Defense of Davol in Rhode Island state court toxic tort action by neighbor for lung cancer allegedly caused by medical device sterilant gas
    • Won summary judgment and Rhode Island Supreme Court appeal
  • Verell v. PepsiCo, Inc.
    • Defense of Pizza Hut and present and former parent companies in Mississippi federal court wrongful death premises liability action for compensatory and punitive damages for electrocution of eight-year-old boy by hand dryer in restroom of franchisee-owned restaurant
    • Won settlement involving no payment by clients
  • Southworth Products Corporation National Counsel
    • National product liability counsel to Southworth, manufacturer of wide variety of materials handling equipment, approximately 1986-2002
    • Obtained numerous dismissals, summary judgments and favorable settlements in actions throughout U.S., including in New Jersey, New York, Connecticut, Pennsylvania, California, Texas, Virginia, Minnesota, Illinois, Ohio, Kentucky, and Mississippi
  • Doolan v. IVF America (MA), Inc.
    • Defense of Genzyme in Massachusetts state court action alleging wrongful birth of child with genetic disorder after molecular genetic testing of pre-implantation embryo
    • Successful settlement
  • Quinn v. Laboratory Corporation of America, Inc.
    • Defense of LabCorp in Massachusetts state court action alleging wrongful birth of child with genetic disorder after prenatal molecular test
    • Won successful settlement after mediation
  • Becton-Dickinson and Company Latex Glove Cases
    • Defense of BD in dozens of Massachusetts federal and state court product liability actions by healthcare providers, patients and others alleging asthma and allergy from natural rubber latex gloves
    • Won dismissals in all cases
  • Hansen v. Aventis Pasteur, Inc.
    • Defense of Pfizer Inc. in Massachusetts state court product liability class action alleging mental retardation and other neurological impairment from mercury‑containing preservative thimerosal in pediatric vaccines
    • Obtained dismissal
  • Martins v. E.I. du Pont de Nemours and Company
    • Defense of BASF Corporation in Massachusetts federal court product liability action alleging permanent asthma from isocyanate‑containing paint products
    • Won summary judgment and dismissal for fraud on court; upheld by First Circuit
  • Ken’s Oil & Burner Service, Inc. v. Amtrol Inc.
    • Defense of Amtrol in Massachusetts state court product liability class action alleging defects in residential water heaters
    • Won successful settlement
  • The City of Boston v. Smith & Wesson Corporation
    • Defense of Smith & Wesson in Massachusetts state court conspiracy, negligence and nuisance action seeking recovery of city’s costs associated with handgun‑related crimes
    • Won dismissal
  • Lachman v. Behjat
    • Defense of Fedders Corporation in Massachusetts state court product liability action by university professor alleging permanent brain damage from HVAC unit carbon monoxide emissions
    • Obtained favorable settlement
  • Howes v. F.J. Stokes Company
    • Defense of F.J. Stokes in Massachusetts federal court product liability action alleging finger amputation from plastic molding press
    • Conducted jury trial, including presentation of defense witnesses; won favorable settlement
  • Hayle v. Ciba-Geigy Corp.
    • Defense of Ciba-Geigy in Massachusetts state court product liability action for severe dermatologic disorder, progressive paralysis and ultimately death allegedly due to prescription drug
    • Assisted in jury trial; won defense verdict
  • Mesiti v. Pennwalt Corporation
    • Defense of Pennwalt in Massachusetts federal court product liability action alleging business destroyed by fire allegedly caused by paint-stripping compound
    • Assisted in jury trial; won defense verdict and First Circuit appeal
  • Rodrigues v. Deseret Medical, Inc.
    • Defense of Deseret Medical in Massachusetts federal court product liability action alleging physical injuries and severe emotional distress when portion of intravenous catheter separated and became lodged in plaintiff’s body
    • Obtained favorable settlement
  • Corning, Inc. Breast Implant Cases
    • Defense of Corning in Massachusetts state and federal court product liability actions alleging rheumatologic and immunologic disorders allegedly caused by silicone gel breast implants
    • All cases resolved with no payment by client

Business Litigation and Insurance Recovery

  • Asbestos Insurance Litigation
    • Representation of major valve manufacturer in Massachusetts state court action against five insurers to recover defense costs of national and local asbestos counsel
    • Won partial summary judgment establishing insurers’ liability for national counsel’s fees at market rather than insurance defense rates; obtained favorable settlement
  • AcBel Polytech Inc. v. Fairchild Semiconductor International, Inc.
    • Defense of Taiwanese electronics distributor against Massachusetts federal court third-party claim for breach of contract in re-sale of allegedly defective electronic components
    • Won dismissal for lack of personal jurisdiction
  • Reebok International Limited v. C & J Clark America, Inc.
    • Representation of Reebok in Massachusetts state court commercial warranty, misrepresentation and unfair or deceptive practices action to recover costs, lost overhead and profits due to supplier’s allegedly defective design and manufacture of footwear product
    • Won favorable settlement
  • Beer Precast Concrete Limited v. Morse/Diesel, Inc.
    • Representation of Beer Precast in Massachusetts federal court contract, misrepresentation and unfair or deceptive practices action to recover extra costs, lost overhead and profits in manufacturing precast concrete panels for large Boston construction project that suffered massive delays
    • Assisted in jury trial; won verdict for 100% claimed damages
  • Metal Bank of America, Inc. v. General Dynamics Corporation
    • Defense of General Dynamics in Connecticut federal court contract action by supplier that delivered in advance of contract delivery schedule and claimed the higher market prices then prevailing
    • Began non-jury trial; won favorable settlement
  • Southhold Marine, Inc. v. General Dynamics Corporation
    • Defense of General Dynamics in Massachusetts commercial warranty arbitration by purchaser of LNG tanker to recover costs and lost profits allegedly due to vessel defects
    • Won favorable result in arbitration
  • Corning OCA Corporation v. Scobey
    • Representation of Corning OCA Corporation in Massachusetts state court action to compel arbitration and compliance with non-competition agreement by client’s former vice president and technology director
    • Won preliminary injunction requiring arbitration; obtained favorable settlement
  • Sub Services, Inc. v. John Hancock Mutual Life Insurance Co.
    • Defense of John Hancock in New York federal court copyright action by creators of multiple-employer benefits plan funded by life insurance policies to recover lost profits due to sale of allegedly infringing competitor’s plan
    • Won favorable settlement
  • EDAP International Corp. v. Technomed International, Inc.
    • Representation of EDAP in Massachusetts state court intellectual property action seeking injunction ordering U.S. subsidiary of bankrupt French medical device manufacturer to deliver records from clinical trials of investigational device to which EDAP had purchased rights in French bankruptcy proceeding
    • Won favorable settlement

Professional Experience

  • Law Clerk, Hon. David S. Nelson, U.S. District Court, District of Massachusetts, 1980-1981
  • Foley Hoag LLP Product Liability Updates (1990-present) (90 individual issues summarizing developments in product liability, expert witness and related law) (as of October 2017)
  • “First Circuit” Chapter, DEFENSE RESEARCH INSTITUTE CLASS ACTION COMPENDIUM (to be published)
  • “Massachusetts” Chapter, DEFENSE RESEARCH INSTITUTE CLASS ACTION COMPENDIUM (to be published)
  • “New Hampshire” Chapter, DEFENSE RESEARCH INSTITUTE CLASS ACTION COMPENDIUM (to be published)
  • Amicus brief on behalf of Product Liability Advisory Council in Ford Motor Company v. Montana Eighth Judicial District Court and Ford Motor Company v. Bandemer, United States Supreme Court, Nos. 19-368, 19-369 (arguing due process prohibits exercise of specific jurisdiction over non-resident defendant unless it engaged in in-state conduct that forms essential element of its alleged liability to plaintiff) (2020) 
  • Amicus Brief on behalf of Product Liability Advisory Council in Gustavsen v Alcon Laboratories, Inc., United States Court of Appeals for the First Circuit, No. 17-2066 (arguing purported presumption against preemption does not apply to conflict preemption, and individual agency applications of regulation not relevant to determine regulatory meaning)
  • “The Privity Defense in Commercial Warranty Actions: Still Lingering Forty-Five Years After Legislative Abolition,” BOSTON BAR JOURNAL (February 2018)
  • “Ninth Circuit Improperly Lowers Admissibility Bar for Expert Causation Testimony,” WASHINGTON LEGAL FOUNDATION LEGAL BACKGROUNDER (2017)
  • Amicus brief on behalf of Product Liability Advisory Council in Rafferty v. Merck & Co., Inc., Massachusetts Supreme Judicial Court, No. SJC-12347  (arguing against recognition of “innovator liability” theory imposing liability on branded pharmaceutical manufacturer for failure to warn when plaintiff took generic manufacturer’s drug) (2017)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2017) (Aspen Publishing)
  • “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2017) (Aspen Publishing)
  • Amicus Brief on behalf of Product Liability Advisory Council in ExxonMobil Corp. v. New Hampshire, United States Supreme Court, No. 15-933 (arguing proof by statistical evidence of thousands of claims aggregated in parens patriae action deprived defendant of opportunity to contest multiple claim elements and prove various defenses and thus violated due process; claim gasoline was defective due to inclusion of MTBE when it was only oxygenate available to satisfy Clean Air Act requirements was preempted)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2016) (Aspen Publishing)
  • “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2016) (Aspen Publishing)
  • “Wyeth’s ‘Clear Evidence’ Language:  Clearly Misunderstood,” in Law360 (January 2016)
  • “Scratching Surface Plausibility:  One Court’s Textbook Scrutiny of Expert Testimony,” in Washington Legal Foundation Legal Backgrounder (September 2015)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2015) (Aspen Publishing)
  • “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2015) (Aspen Publishing)
  • “Who is Responsible for Clinical Trial Informed Consent?” in Law360 (2014)
  • Amicus brief on behalf of Product Liability Advisory Council, Lisa Reckis and Richard Reckis, et al. v. Johnson & Johnson, et al. Massachusetts Supreme Judicial Court, No. SJC 11677 (2014) (arguing that courts should closely scrutinize all non-economic damages awards using objective guideposts such as the amount of economic damages, legislatively enacted damages caps and the amounts of other reasonable damages awards)
  • Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2014) 
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2014) (Aspen Publishing)
  • "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2014) (Aspen Publishing)
  • "Johnson v. SmithKline Beecham: A Textbook Application of Corporate Citizenship Principals," LEGAL BACKGROUNDER, The Washington Legal Foundation (August 2013)
  • Amicus brief on behalf of Product Liability Advisory Council, Mutual Pharmaceutical Company, Inc. v. Bartlett, U.S. Supreme Court, No. 12-142 (2013) (arguing state law design defect claim against FDA-approved generic prescription drug is  preempted by Food, Drug and Cosmetic Act; court adopted position)
  • Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2013) 
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2013) (Aspen Publishing)
  • "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2013) (Aspen Publishing)
  • First Circuit Affirms Judgment Against Generic Drug Manufacturer on Plaintiff's Design Defect Claim, PRODUCT LIABILITY LAW & STRATEGY (December 2012)
  • MA Federal Court Holds Contractual Privity Required for Breach of Warranty Claims, PRODUCT LIABILITY LAW & STRATEGY (November 2012)
  • Amicus Brief on behalf of Product Liability Council, Evans v. Lorillard Tobacco Company, Massachusetts Supreme Judicial Court, No. 11179 (2012) (arguing design defect claim failed for lack of evidence of probable alternative design that would preserve the product’s essential characteristics, punitive damages award exceeding compensatory damages violated due process)
  • MA Appeal Court Affirms Summary Judgment for Gun Manufacturer, PRODUCT LIABILITY LAW & STRATEGY (October 2012)
  • Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2012)
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2012) (Aspen Publishing)
  • "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2012) (Aspen Publishing)
  • Trailer Manufacturer Not Liable for Negligence or Breach of Implied Warranty of Merchantability, PRODUCT LIABILITY LAW & STRATEGY (January 2012)
  • Litigation Update: A Review of Two Major Cases, in Law Journal Newsletters, PRODUCT LIABILITY LAW & STRATEGY (October 2011)
  • Litigation Update: Supreme Court Holds Federal Vaccine Statute Expressly Preempts All State Law Design Defect Claims, in Law Journal Newsletters, PRODUCT LIABILITY LAW & STRATEGY (August 2011)
  • Amicus Brief on behalf of Product Liability Advisory Council, Bartlett v. Mutual Pharmaceutical Company, Inc., 1st Cir. No. 10-2277 (2011) (arguing New Hampshire does not recognize claim that FDA-approved prescription drug is defectively designed or, if it does, such claim is preempted by Food, Drug and Cosmetic Act)
  • Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2011)
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2011) (Aspen Publishing)
  • "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2011) (Aspen Publishing)
  • Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2010)
  • "Massachusetts" Chapter, HANDBOOK ON PRODUCT LIABILITY JURY INSTRUCTIONS, Product Liability Advisory Council (2010)
  • Donovan v. Philip Morris: Massachusetts Supreme Judicial Court Recognizes Medical Monitoring Claim Despite Lack of Clinically Manifest Injury,BOSTON BAR JOURNAL (Spring 2010)
  • MA Recognizes Medical Monitoring Based on Exposure to Cigarette Smoke, PRODUCT LIABILITY LAW & STRATEGY (March 2010)
  • The Class Action Fairness Act of 2005, A Five-Year Perspective, DRI For The Defense (January 2010)
  • Amicus Brief on behalf of Product Liability Advisory Council, Osorio v. One World Technologies, Inc., 1st Cir. No. 10-1824 (2010) (arguring product liability plaintiff must prove existence of feasible alternative design that does not change product's basic functional and cost characteristics)
  • "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2010) (Aspen Publishing)
  • Massachusetts Consumer Class Actions, AMERICAN BAR ASSOCIATION PRODUCT LIABILITY COMMITTEE, PHARMACEUTICALS AND BIOLOGICALS SUBCOMMITTEE, 50 STATE SURVEY OF CONSUMER CLASS ACTIONS (2010)
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2010) (Aspen Publishing)
  • Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2009)
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2009) (Aspen Publishing)
  • "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2009) (Aspen Publishing)
  • Amicus Brief on behalf of Product Liability Advisory Council, Iannacchino v. Ford Motor Company, 451 Mass. 623 (2008) (arguing that person is "injured" under Mass. Gen. L. Ch. 93A only if he has suffered harm compensable by damages under common law, and that breach of warranty is not per se "unfair" or "deceptive")
  • “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2008) (Aspen Publishing)
  • "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2008) (Aspen Publishing)
  • “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2007) (Aspen Publishing)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2007) (Aspen Publishers, Inc.)
  • “Massachusetts” Chapter, AMERICAN BAR ASSOCIATION PRODUCT LIABILITY COMMITTEE, PHARMACEUTICALS AND BIOLOGICALS SUBCOMMITTEE, PUNITIVE DAMAGES IN PHARMACEUTICAL PRODUCT LIABILITY - A 50-STATE SURVEY (2007)
  • "Q&A With Foley Hoag's David Geiger," in Product Liability360, (10/23/2007)
  • The Preemption of Tort Claims Involving Medical Devices, DEFENSE RESEARCH INSTITUTE MONOGRAPH (2006)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2006) (Aspen Publishers, Inc.)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2005) (Aspen Publishers, Inc.)
  • Avoiding Product Liability Claims, EXECBLUEPRINTS (2005) (Aspatore Books)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2004) (Aspen Publishers, Inc.)
  • “Massachusetts” Chapter, PRODUCT LIABILITY ADVISORY COUNCIL, “CONSUMER FRAUD STATUTES: A GUIDE TO THE LAW IN THE 50 STATES” (October 2004)
  • The Start of All Our Troubles: The FTC Act as Applied to Product Liability Cases, PRODUCT LIABILITY ADVISORY COUNCIL, “CONSUMER FRAUD CLAIMS CONFERENCE RESOURCE CD” (October 2004)
  • State Farm: Refining the Constitutional Limitations on Punitive Damages Awards , BOSTON BAR JOURNAL (January/February 2004)
  • Product Liability Defense: Applying the Rule of Law Now and in the Future, INSIDE THE MINDS: LEADING PRODUCT LIABILITY LAWYERS - INDUSTRY INSIDERS ON THE ART AND SCIENCE BEHIND SUCCESSFUL PRODUCT LIABILITY LAW (July/August 2003) (Aspatore Books)
  • “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2003) (Aspen Publishers, Inc.)
  • May a Third-Party Defendant Remove?, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK, “GETTING OUT OF DODGE -- REMOVAL TO FEDERAL COURT: A DEFENDANT’S GUIDE” (April 2003)
  • Coffee Burn Decision - Common Sense Prevails, AUSTRALIAN PRODUCT LIABILITY REPORTER (January/February 2003)
  • Excluding Expert Witnesses in Massachusetts State Court, AMERICAN BAR ASSOCIATION PRODUCT LIABILITY COMMITTEE, PHARMACEUTICALS AND BIOLOGICALS SUBCOMMITTEE, “50 STATE SURVEY OF CHALLENGING EXPERT WITNESSES IN PHARMACEUTICAL AND MEDICAL DEVICE CASES IN STATE COURT” (2002)
  • Amicus Brief on behalf of Product Liability Advisory Council, Lewis v. Ariens Company, 434 MASS. 643 (2001) (arguing any post-sale duty to warn should not extend to second-hand or other remote purchasers; court adopted rule)
  • Amicus Brief on behalf of Product Liability Advisory Council, Hoffman v. Houghton Chemical Corp., 434 MASS. 624 (2001) (arguing court should adopt bulk supplier/sophisticated intermediary rule permitting manufacturer to satisfy duty by warning intermediary; court adopted rule)
  • Massachusetts Law Regarding FDCA Related Tort Claims, AMERICAN BAR ASSOCIATION PRODUCT LIABILITY COMMITTEE, PHARMACEUTICALS AND BIOLOGICALS SUBCOMMITTEE, “FIFTY STATE SURVEY OF FDCA RELATED TORT CAUSES OF ACTION” (2001)
  • Law in the First Circuit Since Daubert, 2001 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
  • The Express Preemption of Tort Claims Involving Medical Devices in the Aftermath of Medtronic, Inc. v. Lohr, DEFENSE RESEARCH INSTITUTE DEFENSE LIBRARY SERIES PUBLICATION (January 2001)
  • The Impending Supreme Court Review of ‘Fraud-on-the-FDA’ Medical Device Claims: A Step Toward Clarity?, 1 FOOD AND DRUG LAW, REGULATION AND EDUCATION UPDATE 27 (January 2001)
  • Law in the First Circuit Since Daubert, 2000 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
  • Design and Warning Defect Claims Under Massachusetts Product Liability Law: Completing the Merger of Negligence and Warranty, BOSTON BAR JOURNAL (March/April 1999)
  • Federal Preemption in Drug and Medical Device Litigation: A Brief Outline, DEFENSE RESEARCH INSTITUTE, “DEFENDING DRUG AND MEDICAL DEVICE LITIGATION: A PRIMER FOR YOUNG LAWYERS” (March 1999)
  • Law in the First Circuit Since Daubert, 1999 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
  • Comments to Federal Rules Advisory Committee Regarding Proposed Amendments to Fed. R. of Evid. 702, PRODUCT LIABILITY ADVISORY COUNCIL (March 1998)
  • Amicus Brief on behalf of Product Liability Advisory Council, Associated Industries of Massachusetts and New England Legal Foundation,Vassallo v. Baxter Healthcare Corp., 428 MASS. 1 (1998) (arguing manufacturer should not have duty to warn of product risks not known or reasonably scientifically knowable when product was sold; court adopted rule)
  • Law in the First Circuit Since Daubert, 1998 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”

Foley Hoag Alerts & Updates

Honors

  • Listed in Best Lawyers in America (2007-2021)
  • Martindale-Hubbell AV® Preeminent™ rating, 5.0 out of 5.0
  • Listed in Euromoney's Guide to the World's Leading Litigation and Product Liability Lawyers (2012)
  • Listed in Massachusetts Super Lawyers (2004-2005, 2007-2009, 2011-2012) for Civil Litigation Defense
  • Listed in Who’s Who Legal: Life Sciences, Product Liability (2019)
  • Listed in Who’s Who Legal: The International Who’s Who of Business Lawyers (2006-2008, 2010-2013)
  • Listed in Who’s Who Legal: The International Who’s Who of Business Lawyers, Product Liability Defence (2012-2015)
  • Listed in Who’s Who Legal: The International Who’s Who of Business Lawyers, Life Sciences (2012)
  • JD Supra Readers’ Choice Award—Product Liability (2017, 2018, 2019)

Involvement        

  • American Law Institute, Member
    • Restatement of Torts (Third): Defamation and Privacy, Adviser 
    • Restatement of Torts (Third):  Concluding Provisions, Members Consultative Group, Member 
    • Restatement of Liability Insurance, Members Consultative Group, Member
    • Restatement of Consumer Contracts, Members Consultative Group, Member
  • Defense Research Institute
    • Drug and Medical Device Committee and Steering Committee, Member
    • Biotechnology Subcommittee, Chair
    • Monograph Subcommittee, Past Chair
    • Young Lawyers’ Training Seminar, Past Chair
    • Product Liability Committee and its Agricultural, Construction, Mining and Industrial Equipment Specialized Litigation Group, Member
    • Chemical Products and Toxic Substances Specialized Litigation Group, Member
  • Product Liability Advisory Council, Sustaining Member
    • Case Selection Committee, Member
    • Massachusetts Amicus Brief Coordinator
    • Experts and Evidence Action Group, Member
    • Federal Rule of Evidence 702 Task Force, Chair
    • Aggregation Action Group, Member
    • Consumer Fraud Claims Action Group, Member
    • Electronic Discovery Action Group, Member
    • Preemption Action Group, Member
    • Trial of the Future Action Group, Member
  • Lawyers for Civil Justice
    • E-Discovery Committee, Member
    • Civil Rules Reform Committee, Member
  • American Bar Association
    • Litigation Section, Member
    • Product Liability Committee, Member
    • Pharmaceuticals and Biologicals Subcommittee, Member
    • Tort and Insurance Practice Section, Member
  • Massachusetts Bar Association
    • Civil Litigation Section, Member
  • Boston Bar Association
    • Tort Committee, Member
  • Massachusetts Medical Device Industry Council, Member
  • American Association for Justice (formerly Association of Trial Lawyers of America), Associate Member
  • Germaine Lawrence Incorporated, Director (1980-2008); formerly served as President
  • Law Journal Newsletters, Product Liability Law & Strategy Litigation Update, Editorial Board (2011 - present)
  • Presentation, "Product Liability," for "Law and Cutting Edge Technologies," MIT Sloan School of Management and Schools of Science and Engineering, May 2013
  • Chair, "Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, "Defense Research Institute Drug and Medical Device Committee seminar, September 2012
  • Chair, "Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, "Defense Research Institute Drug and Medical Device Committee seminar, September 2010
  • Presentation, “Product Liability,” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, September 2010
  • Presentation, “Product Liability,” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, November 2008
  • Chair, “Defending Drug and Medical Device Litigation: A Primer for Young Lawyers,” Defense Research Institute Drug and Medical Device Committee seminar, September 2008
  • Presentation, “Product Liability,” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, November 2007
  • Chair, “Defending Drug and Medical Device Litigation: A Primer for Young Lawyers,” Defense Research Institute Drug and Medical Device Committee seminar, September 2007
  • Presentation, “Product Liability,” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, November 2006
  • Presentation, “Product Liability,” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, November 2005
  • Chair, “Defending Drug and Medical Device Litigation: A Primer for Young Lawyers,” Defense Research Institute Drug and Medical Device Committee seminar, October 2005
  • Presentation, “Product Liability,” for “Innovative Business and Breakthrough Technologies - The Legal Issues,” MIT Sloan School of Management, December 2004
  • Presentation, “The Start of All Our Troubles: The FTC Act as Applied to Product Liability Cases,” Product Liability Advisory Council Conference, October 2004
  • Presentation, “Defenses in Drug and Medical Device Litigation,” Defense Research Institute Drug and Medical Device Committee Young Lawyers’ Training Seminar, September 2002
  • Chair, “Handling Product Liability Cases,” Massachusetts Continuing Legal Education, Inc. seminar, August 2002
  • Panelist, “Enhancing Quality in Medication Use Systems,” National Association of Chain Drug Stores seminar, June 2001
  • Presentation, “Defenses in Drug and Medical Device Litigation,” Defense Research Institute Young Lawyers’ Training Seminar, March 1999
  • Chair, “Personal Injury Conference ’99: Product Liability Breakout Session,” Massachusetts Continuing Legal Education, Inc. seminar, 1999
  • Chair, “Sophisticated Product Liability Litigation,” Massachusetts Continuing Legal Education, Inc. seminar, 1999
  • Presentation, “Proposed Changes to Rule 702 of the Federal Rules of Evidence,” Product Liability Advisory Council conference, October 1998
  • Presentation, “Defenses in Drug and Medical Device Litigation,” Defense Research Institute Young Lawyers’ Training Seminar, May 1997
  • Chair, “Sophisticated Product Liability Litigation,” Massachusetts Continuing Legal Education, Inc. seminar, 1996
  • Presentation, “Federal Preemption of Drug and Medical Device Claims: Where the Law Stands and Where It Might Go from Here,” Defense Research Institute Drug and Medical Device Litigation Seminar, May 1995
  • Chair, “Sophisticated Product Liability Litigation,” Massachusetts Continuing Legal Education, Inc. seminar, 1994
  • Chair, “Deposing Expert Witnesses,” Massachusetts Continuing Legal Education, Inc. seminar, 1993
  • Chair, “Deposition Basics - Expert Witnesses and Audiovisual Depositions,” Massachusetts Continuing Legal Education, Inc. seminar, 1992
  • Chair, “Deposition Basics - Expert Witnesses and Audiovisual Depositions,” Massachusetts Continuing Legal Education, Inc. seminar, 1991
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Bar Admissions

  • Massachusetts

Court Admissions

  • U.S. Supreme Court
  • U.S. Court of Appeals First Circuit
  • U.S. District Court for the District of Massachusetts