For many years, Rizzo Mattingly Bosworth has litigated product liability claims involving commercial products, industrial equipment, building products, medical devices and asbestos exposure, taking numerous cases to trial. We regularly defend manufacturers, suppliers, trade and certification organizations and premises owners, and are well-versed in defending products and related premises liability claims. Our attorneys have briefed and argued many significant legal issues involving product liability in both trial and appellate courts, including whether courts have the authority to enter and enforce case management orders, whether an employer is liable for "second-hand" toxic exposure under theories of environmental contamination and nuisance, and whether a manufacturer has a duty to warn when its product is attached or used in connection with dangerous materials made or sold by others. In the process of defending hundreds of product liability cases, we have accumulated valuable expertise in the complex science that surrounds products cases, including industrial hygiene, bio-statistics, epidemiology, pulmonology, immunology and pathology.

We evaluate cases early to maximize the potential for quick resolution and preserve each client’s defenses. We work closely with our clients to develop sensible case strategies, supported by timely and thorough client communication. Our strong working relationships with the attorneys, experts and mediators who regularly practice in this area enable us to resolve many issues informally, without the time and expense of protracted litigation or complicated motion practice. Although we have a track record of resolving cases short of trial, part of the reason for our success is our proven courtroom skill and expertise. We realize how expensive litigation can be, and emphasize cost-effective case strategies that take into account the relative risk of each case.

• Successfully halted a string of product liability cases against an international product testing and certification organization. More +
  We defended an international product testing and certification organization in a series of lawsuits alleging that it had fraudulently applied its certification criteria and colluded with certain manufacturers to understate the safety risk for users and consumers on certain products and materials. Case discovery focused on whether the certification or mark constituted a fraudulent representation and the issue of reliance. We successfully moved for dismissals in every case in which the client was named, and halted a potential string of new lawsuits to follow.
• Obtained dismissal of a German manufacturer of electrical motors in a major fire loss case involving the star of Alfred Hitchcock's "Vertigo." More +
  The plaintiff was a former movie actress whose adjustable bed caught fire apparently following a lightning strike. Plaintiff filed suit against the seller in Oregon state court, alleging the destruction of her home and the loss of valuable Hollywood memorabilia, including an original script of Alfred Hitchcock's "Vertigo," in which the plaintiff had starred. The retail sales distributor of the bed sued our client, seeking contribution and indemnity. We documented the manufacturer's original design criteria and chain of distribution in the US to establish that the wiring schematic was modified after the motor had left tour client's control. As a result, the US seller/third-party plaintiff voluntarily dismissed its claims against our client.
• Prevented claims against a publicly-held corporation sued in several jurisdictions as an alleged successor-in-interest to an industrial manufacturer which had developed the product at issue. More +
  Several decades had elapsed since the date of the alleged acquisition, and there was no direct evidence of the terms of the transaction. We established that a separate corporation had acquired and dissolved the client's alleged predecessor, and that the predecessor had only purchased the technology and design patterns, not stock. We vigorously defended the company throughout discovery and a corporate deposition, and later moved for summary judgment. Following extensive briefing and argument, the trial court entered summary judgment in the client's favor on that issue and fashioned an order which has since been adopted in subsequent cases to prevent liability.
• Successfully mediated successor liability claims against a publicly held corporation alleged to have engaged in fraud in connection with the client's dissolution. More +
  The plaintiff alleged fraud in connection with the client's dissolution. We worked with corporate and outside counsel to defend the client's corporate deposition and moved for summary judgment, arguing that the client's dissolution occurred in the normal course in order to effect a consolidation and that there was no evidence of fraudulent reorganization in anticipation of product liability litigation. Just prior to argument, the parties mediated and achieved the client's litigation goals.
• Obtained favorable jury verdict in product liability and negligence claims against a commercial laundry products supplier. More +
  Plaintiff was a career commercial laundry sales manager who alleged that his past work around flatwork ironer components caused asbestosis. We prepared a "state-of-the-art defense," including the historical development of commercial textiles and patents to provide a context for evolving industrial hygiene and regulatory standards and technological developments. The case was tried for more than two weeks, with a jury verdict favorable to the client.