Skip to Main Content
Idea Exchange
Facebook Visit us on LinkedIn Visit us on Twitter Visit us on YouTube Visit us on Instagram
Dustin B. Rawlin

Dustin B. Rawlin

Partner

1111 Superior Avenue
Suite 530
Cleveland, OH 44114
T 216.304.6153
dustin.rawlin@nelsonmullins.com
Send Email to Dustin B. Rawlin Download vCard for Dustin B. Rawlin PDF Photo

Dustin is a trial lawyer who represents businesses in complex litigation matters in courts around the country. Dustin defends companies in cases involving products liability, breach of contract, business tort, breach of warranty, consumer fraud, professional negligence, and commercial disputes. He has experience representing companies in multidistrict litigation, state coordinated proceedings, and class actions, as...

Dustin is a trial lawyer who represents businesses in complex litigation matters in courts around the country. Dustin defends companies in cases involving products liability, breach of contract, business tort, breach of warranty, consumer fraud, professional negligence, and commercial disputes. He has experience representing companies in multidistrict litigation, state coordinated proceedings, and class actions, as well as experience handling and arguing appeals in state and federal court. Dustin works with internationally renowned expert witnesses in the fields of biomaterials, pathology, biostatistics, toxicology, microbiology, epidemiology, biomedical engineering, regulatory compliance, and medicine to present sophisticated scientific and medical concepts to juries.

Dustin B. Rawlin

well as experience handling and arguing appeals in state and federal court. Dustin works with internationally renowned expert witnesses in the fields of biomaterials, pathology, biostatistics, toxicology, microbiology, epidemiology, biomedical engineering, regulatory compliance, and medicine to present sophisticated scientific and medical concepts to juries.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Experience

Representative Health & Life Sciences Matters

  • Serves as national counsel for a major medical device manufacturer defending hundreds of cases involving a wide variety of medical devices, including silicone gel and saline breast implants, tissue expanders, vocal cord paste, ultrasound devices, liposuction equipment, pelvic mesh, and penile implants
  • Obtained dismissal for medical device company in case involving alleged injuries from ruptured silicone gel breast implants (E.D. Mo. 2019), affirmed on appeal (8th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in 12-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in second five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019), affirmed on appeal (10th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Connecticut Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (D.N.J. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (N.D.N.Y. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (D. Md. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (S.D. Florida 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (N.D. Ohio 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (M.D. Fla. 2019)
  • Obtained voluntary dismissal for medical device company in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from textured saline breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (W.D. Wash. 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Ohio Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2018)
  • Obtained voluntary dismissal for medical device company in case involving alleged injuries from silicone gel breast implants (Fla. Cir. Ct. Seminole Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (Cal. Super. Ct. Los Angeles Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2018), affirmed on appeal (9th Cir. 2020)
  • Obtained summary judgment for medical device company on federal preemption under Riegel and for lack of defect or causation in case involving alleged mold toxicity from saline breast implants, following exclusion of plaintiff’s three experts under Daubert (C.D. Cal. 2017), affirmed on appeal (9th Cir. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Okla. 2017)
  • Obtained summary judgment for medical device company in 100+ MDL cases on statute of limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2015-2017)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured silicone gel breast implant (D.S.C. 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Cal. 2014)
  • Obtained summary judgment for medical device company for lack of defect in case involving injuries allegedly caused by leaking tissue expander (N.J. Super. Ct. Law Div. Atlantic Cty 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. La. 2013)
  • Obtained summary judgment for medical device company in four MDL bellwether cases on statute of repose/limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2013)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. Cal. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for medical device company on innocent retailer defense in case involving burn injuries allegedly caused by external ultrasound device (N.J. Super. Ct. Morris Cty 2008)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding pelvic mesh (W.D. Mo. 2008)
  • Obtained summary judgment for medical device company on federal preemption in case involving granuloma allegedly caused by “transitional device” Teflon® vocal cord paste (W.D. La. 2008)
  • Obtained summary judgment for medical device company for lack of causation in case involving alleged mold toxicity from saline breast implants (N.D. Ga. 2007)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving infection allegedly caused by ruptured tissue expander (D. Conn. 2006)
  • Obtained summary judgment for medical device company because plaintiff was member of non-opt-out class action settlement in case involving injuries allegedly caused by silicone gel breast implants (Tex. Dist. Ct. Tarrant Cty 2005)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by silicone gel breast implants (Fla. Cir. Ct. Orange Cty 2004)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by penile prosthesis (Fla. Cir. Ct. Pinellas Cty 2004) Affirmed on appeal. (Fla. 2d DCA 2005)
  • Obtained summary judgment for medical device company following Daubert decision barring plaintiff’s causation expert in case involving alleged autoimmune disease from silicone gel breast implants (Mo. Cir. Ct. Green Cty 2003)

Representative Business Litigation/Class Action Matters

  • Obtained denial of temporary restraining order/asset freeze and dismissal for commercial real estate company in $75-million securities fraud class action (C.D. Cal. 2021)
  • Obtained dismissal for law firm in $60-million securities fraud and legal malpractice class action (N.D. Ohio 2018)
  • Obtained summary judgment for crane manufacturer in breach of contract action involving windstorm damage to a 25-metric ton double-girder gantry crane (S.D. Iowa 2016)
  • Obtained reversal of certification of a consumer class action regarding run-flat tires on luxury vehicles (3d Cir. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for developer regarding easement over E. 119th Street in Little Italy, Cleveland (Ohio CP Ct. Cuy. Cty 2010)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding transvaginal mesh (W.D. Mo. 2008)
  • Obtained judgment on the pleadings for sports club in copyright and trademark infringement case involving health club management software (N.D. Ohio 2007)
  • Obtained dismissal on forum non conveniens grounds for French and Swedish employees in case alleging breach of fiduciary duty by employer (Mass. Super. Ct. Essex Cty 2006); affirmed on appeal (Mass. App. Ct. 2006)
  • Obtained summary judgment for energy company on its breach of contract claims and defendant’s counterclaims in case involving supply of lubricating oil to Navy (N.D. Ohio 2006)
  • Obtained preliminary injunction for medical device company requiring defendant to continue supplying a critical blood transfusion product under a distribution agreement (N.D. Ohio 2005)

Representative FCRA/Financial Services Litigation Matters

  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 393 F.Supp.2d 853 (D. Minn. 2005)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 2004 WL 161494 (N.D. Ill. 2004)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 297 F.Supp.2d 1196 (E.D. Mo. 2003)
  • Obtained summary judgment and attorneys’ fees pursuant to 28 U.S.C. § 1927 for credit reporting agency in case under Fair Credit Reporting Act, 289 F.Supp.2d 956 (N.D. Ill. 2003)

Representative Trials

  • Obtained complete defense verdict as second-chair trial counsel in two-week jury trial in MDL bellwether case involving pelvic mesh (M.D. Ga. 2013)
  • Obtained complete defense verdict in five-week jury trial involving pelvic mesh (Cal. Sup. Ct. Alameda Cty 2008)
  • Obtained verdict for pro bono client in illegal lockout case against landlord; jury awarded compensatory and punitive damages; motion for relief from judgment and for new trial denied (Ohio CP Ct. Cuy. Cty 2008)
  • Obtained complete defense verdict in jury trial involving alleged injuries from saline tissue expanders (Miss. Cir. Ct. Lee Cty 2004)
Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Experience

Representative Health & Life Sciences Matters

  • Serves as national counsel for a major medical device manufacturer defending hundreds of cases involving a wide variety of medical devices, including silicone gel and saline breast implants, tissue expanders, vocal cord paste, ultrasound devices, liposuction equipment, pelvic mesh, and penile implants
  • Obtained dismissal for medical device company in case involving alleged injuries from ruptured silicone gel breast implants (E.D. Mo. 2019), affirmed on appeal (8th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in 12-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in second five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019), affirmed on appeal (10th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Connecticut Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (D.N.J. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (N.D.N.Y. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (D. Md. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (S.D. Florida 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (N.D. Ohio 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (M.D. Fla. 2019)
  • Obtained voluntary dismissal for medical device company in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from textured saline breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (W.D. Wash. 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Ohio Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2018)
  • Obtained voluntary dismissal for medical device company in case involving alleged injuries from silicone gel breast implants (Fla. Cir. Ct. Seminole Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (Cal. Super. Ct. Los Angeles Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2018), affirmed on appeal (9th Cir. 2020)
  • Obtained summary judgment for medical device company on federal preemption under Riegel and for lack of defect or causation in case involving alleged mold toxicity from saline breast implants, following exclusion of plaintiff’s three experts under Daubert (C.D. Cal. 2017), affirmed on appeal (9th Cir. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Okla. 2017)
  • Obtained summary judgment for medical device company in 100+ MDL cases on statute of limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2015-2017)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured silicone gel breast implant (D.S.C. 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Cal. 2014)
  • Obtained summary judgment for medical device company for lack of defect in case involving injuries allegedly caused by leaking tissue expander (N.J. Super. Ct. Law Div. Atlantic Cty 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. La. 2013)
  • Obtained summary judgment for medical device company in four MDL bellwether cases on statute of repose/limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2013)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. Cal. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for medical device company on innocent retailer defense in case involving burn injuries allegedly caused by external ultrasound device (N.J. Super. Ct. Morris Cty 2008)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding pelvic mesh (W.D. Mo. 2008)
  • Obtained summary judgment for medical device company on federal preemption in case involving granuloma allegedly caused by “transitional device” Teflon® vocal cord paste (W.D. La. 2008)
  • Obtained summary judgment for medical device company for lack of causation in case involving alleged mold toxicity from saline breast implants (N.D. Ga. 2007)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving infection allegedly caused by ruptured tissue expander (D. Conn. 2006)
  • Obtained summary judgment for medical device company because plaintiff was member of non-opt-out class action settlement in case involving injuries allegedly caused by silicone gel breast implants (Tex. Dist. Ct. Tarrant Cty 2005)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by silicone gel breast implants (Fla. Cir. Ct. Orange Cty 2004)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by penile prosthesis (Fla. Cir. Ct. Pinellas Cty 2004) Affirmed on appeal. (Fla. 2d DCA 2005)
  • Obtained summary judgment for medical device company following Daubert decision barring plaintiff’s causation expert in case involving alleged autoimmune disease from silicone gel breast implants (Mo. Cir. Ct. Green Cty 2003)

Representative Business Litigation/Class Action Matters

  • Obtained denial of temporary restraining order/asset freeze and dismissal for commercial real estate company in $75-million securities fraud class action (C.D. Cal. 2021)
  • Obtained dismissal for law firm in $60-million securities fraud and legal malpractice class action (N.D. Ohio 2018)
  • Obtained summary judgment for crane manufacturer in breach of contract action involving windstorm damage to a 25-metric ton double-girder gantry crane (S.D. Iowa 2016)
  • Obtained reversal of certification of a consumer class action regarding run-flat tires on luxury vehicles (3d Cir. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for developer regarding easement over E. 119th Street in Little Italy, Cleveland (Ohio CP Ct. Cuy. Cty 2010)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding transvaginal mesh (W.D. Mo. 2008)
  • Obtained judgment on the pleadings for sports club in copyright and trademark infringement case involving health club management software (N.D. Ohio 2007)
  • Obtained dismissal on forum non conveniens grounds for French and Swedish employees in case alleging breach of fiduciary duty by employer (Mass. Super. Ct. Essex Cty 2006); affirmed on appeal (Mass. App. Ct. 2006)
  • Obtained summary judgment for energy company on its breach of contract claims and defendant’s counterclaims in case involving supply of lubricating oil to Navy (N.D. Ohio 2006)
  • Obtained preliminary injunction for medical device company requiring defendant to continue supplying a critical blood transfusion product under a distribution agreement (N.D. Ohio 2005)

Representative FCRA/Financial Services Litigation Matters

  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 393 F.Supp.2d 853 (D. Minn. 2005)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 2004 WL 161494 (N.D. Ill. 2004)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 297 F.Supp.2d 1196 (E.D. Mo. 2003)
  • Obtained summary judgment and attorneys’ fees pursuant to 28 U.S.C. § 1927 for credit reporting agency in case under Fair Credit Reporting Act, 289 F.Supp.2d 956 (N.D. Ill. 2003)

Representative Trials

  • Obtained complete defense verdict as second-chair trial counsel in two-week jury trial in MDL bellwether case involving pelvic mesh (M.D. Ga. 2013)
  • Obtained complete defense verdict in five-week jury trial involving pelvic mesh (Cal. Sup. Ct. Alameda Cty 2008)
  • Obtained verdict for pro bono client in illegal lockout case against landlord; jury awarded compensatory and punitive damages; motion for relief from judgment and for new trial denied (Ohio CP Ct. Cuy. Cty 2008)
  • Obtained complete defense verdict in jury trial involving alleged injuries from saline tissue expanders (Miss. Cir. Ct. Lee Cty 2004)

Media

Visit Idea Exchange

Recognitions

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • The Best Lawyers in America®, Commercial Litigation (2023)
  • Law360, Rising Stars, Product Liability (2012, 2014)
  • Ohio Super Lawyers (2014–2023)
  • Ohio Super Lawyers Rising Stars (2005–2007, 2009, 2011–2013)
  • LMG Life Sciences
    • Star in Non–IP Litigation & Enforcement for Product Liability (2021--2022)
    • Impact Cases of the Year United States (Non-IP Litigation): Mentor Worldwide product liability litigations (9th Circuit) (2021)

Professional Activities

  • Cleveland Metropolitan Bar Association
    • Litigation Section, Council Member (2011–2017)
    • Commercial Docket Committee, Chair (2010)
    • Young Lawyers Section, Chair (2009)
    • Board of Trustees (2009)
  • Ohio State Bar Foundation, Fellow (2015-present)
  • Northern District of Ohio Advisory Group (2003–present)
    • Deputy Chair (2018–present)
    • Civil Rules Committee Co-Chair (2005–present)
  • Northern District of Ohio Merit Selection Panel (2008, 2011)

Leadership

  • American Bar Association, Pharmaceutical and Medical Device Subcommittee, Mass Torts Litigation, Co-Chair (2019–present)
  • Northeast Ohio Tennis Association
    • Director and General Counsel (2017–present)
    • NEOTA Board Award, 2017

Dustin is a trial lawyer who represents businesses in complex litigation matters in courts around the country. Dustin defends companies in cases involving products liability, breach of contract, business tort, breach of warranty, consumer fraud, professional negligence, and commercial disputes. He has experience representing companies in multidistrict litigation, state coordinated proceedings, and class actions, as... well as experience handling and arguing appeals in state and federal court. Dustin works with internationally renowned expert witnesses in the fields of biomaterials, pathology, biostatistics, toxicology, microbiology, epidemiology, biomedical engineering, regulatory compliance, and medicine to present sophisticated scientific and medical concepts to juries.

Experience

Following is a selected sampling of matters and is provided for informational purposes only. Past success does not indicate the likelihood of success in any future matter.

Representative Experience

Representative Health & Life Sciences Matters

  • Serves as national counsel for a major medical device manufacturer defending hundreds of cases involving a wide variety of medical devices, including silicone gel and saline breast implants, tissue expanders, vocal cord paste, ultrasound devices, liposuction equipment, pelvic mesh, and penile implants
  • Obtained dismissal for medical device company in case involving alleged injuries from ruptured silicone gel breast implants (E.D. Mo. 2019), affirmed on appeal (8th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in 12-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in second five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019), affirmed on appeal (10th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Connecticut Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (D.N.J. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (N.D.N.Y. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (D. Md. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (S.D. Florida 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (N.D. Ohio 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (M.D. Fla. 2019)
  • Obtained voluntary dismissal for medical device company in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from textured saline breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (W.D. Wash. 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Ohio Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2018)
  • Obtained voluntary dismissal for medical device company in case involving alleged injuries from silicone gel breast implants (Fla. Cir. Ct. Seminole Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (Cal. Super. Ct. Los Angeles Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2018), affirmed on appeal (9th Cir. 2020)
  • Obtained summary judgment for medical device company on federal preemption under Riegel and for lack of defect or causation in case involving alleged mold toxicity from saline breast implants, following exclusion of plaintiff’s three experts under Daubert (C.D. Cal. 2017), affirmed on appeal (9th Cir. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Okla. 2017)
  • Obtained summary judgment for medical device company in 100+ MDL cases on statute of limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2015-2017)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured silicone gel breast implant (D.S.C. 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Cal. 2014)
  • Obtained summary judgment for medical device company for lack of defect in case involving injuries allegedly caused by leaking tissue expander (N.J. Super. Ct. Law Div. Atlantic Cty 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. La. 2013)
  • Obtained summary judgment for medical device company in four MDL bellwether cases on statute of repose/limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2013)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. Cal. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for medical device company on innocent retailer defense in case involving burn injuries allegedly caused by external ultrasound device (N.J. Super. Ct. Morris Cty 2008)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding pelvic mesh (W.D. Mo. 2008)
  • Obtained summary judgment for medical device company on federal preemption in case involving granuloma allegedly caused by “transitional device” Teflon® vocal cord paste (W.D. La. 2008)
  • Obtained summary judgment for medical device company for lack of causation in case involving alleged mold toxicity from saline breast implants (N.D. Ga. 2007)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving infection allegedly caused by ruptured tissue expander (D. Conn. 2006)
  • Obtained summary judgment for medical device company because plaintiff was member of non-opt-out class action settlement in case involving injuries allegedly caused by silicone gel breast implants (Tex. Dist. Ct. Tarrant Cty 2005)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by silicone gel breast implants (Fla. Cir. Ct. Orange Cty 2004)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by penile prosthesis (Fla. Cir. Ct. Pinellas Cty 2004) Affirmed on appeal. (Fla. 2d DCA 2005)
  • Obtained summary judgment for medical device company following Daubert decision barring plaintiff’s causation expert in case involving alleged autoimmune disease from silicone gel breast implants (Mo. Cir. Ct. Green Cty 2003)

Representative Business Litigation/Class Action Matters

  • Obtained denial of temporary restraining order/asset freeze and dismissal for commercial real estate company in $75-million securities fraud class action (C.D. Cal. 2021)
  • Obtained dismissal for law firm in $60-million securities fraud and legal malpractice class action (N.D. Ohio 2018)
  • Obtained summary judgment for crane manufacturer in breach of contract action involving windstorm damage to a 25-metric ton double-girder gantry crane (S.D. Iowa 2016)
  • Obtained reversal of certification of a consumer class action regarding run-flat tires on luxury vehicles (3d Cir. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for developer regarding easement over E. 119th Street in Little Italy, Cleveland (Ohio CP Ct. Cuy. Cty 2010)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding transvaginal mesh (W.D. Mo. 2008)
  • Obtained judgment on the pleadings for sports club in copyright and trademark infringement case involving health club management software (N.D. Ohio 2007)
  • Obtained dismissal on forum non conveniens grounds for French and Swedish employees in case alleging breach of fiduciary duty by employer (Mass. Super. Ct. Essex Cty 2006); affirmed on appeal (Mass. App. Ct. 2006)
  • Obtained summary judgment for energy company on its breach of contract claims and defendant’s counterclaims in case involving supply of lubricating oil to Navy (N.D. Ohio 2006)
  • Obtained preliminary injunction for medical device company requiring defendant to continue supplying a critical blood transfusion product under a distribution agreement (N.D. Ohio 2005)

Representative FCRA/Financial Services Litigation Matters

  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 393 F.Supp.2d 853 (D. Minn. 2005)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 2004 WL 161494 (N.D. Ill. 2004)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 297 F.Supp.2d 1196 (E.D. Mo. 2003)
  • Obtained summary judgment and attorneys’ fees pursuant to 28 U.S.C. § 1927 for credit reporting agency in case under Fair Credit Reporting Act, 289 F.Supp.2d 956 (N.D. Ill. 2003)

Representative Trials

  • Obtained complete defense verdict as second-chair trial counsel in two-week jury trial in MDL bellwether case involving pelvic mesh (M.D. Ga. 2013)
  • Obtained complete defense verdict in five-week jury trial involving pelvic mesh (Cal. Sup. Ct. Alameda Cty 2008)
  • Obtained verdict for pro bono client in illegal lockout case against landlord; jury awarded compensatory and punitive damages; motion for relief from judgment and for new trial denied (Ohio CP Ct. Cuy. Cty 2008)
  • Obtained complete defense verdict in jury trial involving alleged injuries from saline tissue expanders (Miss. Cir. Ct. Lee Cty 2004)

Education

  • Duke University School of Law, JD (2000)
  • Boston College, MA (1997)
  • Boston College, BA, summa cum laude (1997)

Admissions

  • Ohio
  • Supreme Court of the United States
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Fourth Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eighth Circuit
  • U.S. Court of Appeals for the Ninth Circuit
  • U.S. Court of Appeals for the Tenth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court for the Northern District of Ohio
  • U.S. District Court for the Southern District of Ohio
  • U.S. District Court for the Northern District of Illinois
  • U.S. District Court for the Southern District of Illinois
  • U.S. District Court for the Northern District of Indiana
  • U.S. District Court for the Southern District of Indiana
  • U.S. District Court for the Eastern District of Michigan
  • U.S. District Court for the Western District of Michigan
  • U.S. District Court for the Northern District of New York
  • U.S. District Court for the Western District of Pennsylvania
  • U.S. District Court for the Eastern District of Wisconsin
  • U.S. District Court for the Western District of Wisconsin

Practice Areas

Industries

The bar rules of some states require that the standards for an attorney's inclusion in certain public accolades or recognitions be provided. When such accolades or recognitions are listed, a hyperlink is provided that leads to a description of the respective selection methodology.

  • The Best Lawyers in America®, Commercial Litigation (2023)
  • Law360, Rising Stars, Product Liability (2012, 2014)
  • Ohio Super Lawyers (2014–2023)
  • Ohio Super Lawyers Rising Stars (2005–2007, 2009, 2011–2013)
  • LMG Life Sciences
    • Star in Non–IP Litigation & Enforcement for Product Liability (2021--2022)
    • Impact Cases of the Year United States (Non-IP Litigation): Mentor Worldwide product liability litigations (9th Circuit) (2021)
  • Cleveland Metropolitan Bar Association
    • Litigation Section, Council Member (2011–2017)
    • Commercial Docket Committee, Chair (2010)
    • Young Lawyers Section, Chair (2009)
    • Board of Trustees (2009)
  • Ohio State Bar Foundation, Fellow (2015-present)
  • Northern District of Ohio Advisory Group (2003–present)
    • Deputy Chair (2018–present)
    • Civil Rules Committee Co-Chair (2005–present)
  • Northern District of Ohio Merit Selection Panel (2008, 2011)
  • American Bar Association, Pharmaceutical and Medical Device Subcommittee, Mass Torts Litigation, Co-Chair (2019–present)
  • Northeast Ohio Tennis Association
    • Director and General Counsel (2017–present)
    • NEOTA Board Award, 2017
What's New
Idea Exchange
Top