David R. Geiger is a premier civil litigator who has been recognized by The Best Lawyers in America, New England SuperLawyers and Who’s Who Legal 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.
His experience includes a wide variety of jury and non-jury trials, arbitrations, mediations and appeals. With a truly national practice, Mr. Geiger has handled cases in state and federal courts in Massachusetts and throughout the country, including Rhode Island, Connecticut, Pennsylvania, Delaware, New York, New Jersey, Washington, DC, Maryland, California, Illinois, Ohio, Michigan, Minnesota, Mississippi, Missouri, Kentucky, Virginia, West Virginia, Texas, Wyoming, Washington and Iowa.
Mr. Geiger’s corporate clients are some of the world’s largest and most recognizable business enterprises. He has represented, among others, Hoffmann-La Roche, Inc., Novartis Pharmaceuticals Corporation, Warner-Lambert Company, Pfizer Inc., Mylan Pharmaceuticals Inc., C.R. Bard, Inc., Becton Dickinson and Company, Laboratory Corporation of America Holdings, Genzyme Corporation, Brown & Williamson Tobacco Corporation, Smith & Wesson Corp., Raytheon Corporation, Elf Atochem North America, Inc., BASF Corporation, BIC Corporation, Lear-Siegler Diversified Holdings Corp., Amtrol Inc., General Dynamics Corporation, Reebok International Limited and John Hancock Life Insurance Company.
Bars and Court Admissions
- Massachusetts
- U.S. District Court for the District of Massachusetts
- U.S. Court of Appeals, First Circuit
Representative Experience
The following is a brief summary of David's experience and accomplishments:
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PRODUCT LIABILITY AND COMPLEX TORT LITIGATION:
- Valve Manufacturer National Asbestos Counsel
- National asbestos counsel to major valve manufacturer, defending over 21,000 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; obtained hundreds of dismissals
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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
- Obtained 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
- After court granted 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 for alleged cigarette-related diseases
- Won summary judgment or dismissals in all cases
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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
- After treating physician admitted to multiple deviations from FDA-approved prescribing information, obtained favorable settlement
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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 client's product
- Court rejeted plaintiff's request for provisional damages; submitted detailed expert report negating defect and causation to court-appointed expert
- 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
- Won favorable jury 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
- Won favorable settlement during trial after presenting defense witnesses
- 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
- 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
- Won favorable settlement after filing appellate brief
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Sunday v Thomas & Betts Corporation
- Defense of HVAC equipment manufacturer in Massachusetts state court wrongful death action alleging mesothelioma due to asbestos exposure
- After plaintiff's expert admitted 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 to recover for lung cancer allegedly caused by gas used to sterilize medical devices
- 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 in electrocution of eight-year-old boy by hand dryer in restroom of franchisee-owned restaurant
- Matter settled with 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
- Successful settlement after mediation
- Becton-Dickinson and Company Latex Glove Cases
- Defense of BD in numerous 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
- 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
- Won favorable settlement during trial after presenting defense witnesses
- 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
- Won defense verdict at trial
- 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
- Won defense verdict at trial and First Circuit appeal
- Rodrigues v. Deseret Medical, Inc.
- Defense of Deseret Medical in Massachusetts federal court product liability action alleging suffered physical injuries and severe emotional distress when portion of intravenous catheter separated and became lodged in plaintiff’s body
- 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
- Cases resolved with no payments by client
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BUSINESS LITIGATION AND INSURANCE RECOVERY
- Asbestos Insurance Litigation
- Representation of major valve manufacturer in Massachusetts state court action against five insurers to recover asbestos defense costs of national and local counsel
- Won partial summary judgment establishing insurers’ liability for national counsel’s fees at market rather than insurance defense rates; obtained favorable settlement
- 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
- Won large jury verdict at trial
- 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 contractual delivery schedule and claimed the higher market prices then prevailing
- Won favorable settlement during trial
- 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
- Achieved 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
- After winning 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 / civic involvement
- 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
- Defense Research Institute
- Drug and Medical Device Committee and Steering Committee, Member
- Biotechnology Subcommittee, Chair
- Monograph Subcommittee, Past Chair
- Young Lawyers’ Training Seminar, 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
- Massachusetts Amicus Brief Coordinator
- Case Selection Committee, Member
- 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
- Lawyers for Civil Justice, E-Discovery 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)
SPEECHES AND CONFERENCES
- Chair, “Deposition Basics - Expert Witnesses and Audiovisual Depositions,” Massachusetts Continuing Legal Education, Inc. seminar, 1991
- Chair, “Deposition Basics - Expert Witnesses and Audiovisual Depositions,” Massachusetts Continuing Legal Education, Inc. seminar, 1992
- Chair, “Deposing Expert Witnesses,” Massachusetts Continuing Legal Education, Inc. seminar, 1993
- Chair, “Sophisticated Product Liability Litigation,” Massachusetts Continuing Legal Education, Inc. seminar, 1994
- 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, 1996
- Presentation, “Defenses in Drug and Medical Device Litigation,” Defense Research Institute Young Lawyers’ Training Seminar, May 1997
- Presentation, “Proposed Changes to Rule 702 of the Federal Rules of Evidence,” Product Liability Advisory Council conference, October 1998
- Chair, “Sophisticated Product Liability Litigation,” Massachusetts Continuing Legal Education, Inc. seminar, 1999
- Chair, “Personal Injury Conference ’99: Product Liability Breakout Session,” Massachusetts Continuing Legal Education, Inc. seminar, 1999
- Presentation, “Defenses in Drug and Medical Device Litigation,” Defense Research Institute Young Lawyers’ Training Seminar, March 1999
- Panelist, “Enhancing Quality in Medication Use Systems,” National Association of Chain Drug Stores seminar, June 2001
- Chair, “Handling Product Liability Cases,” Massachusetts Continuing Legal Education, Inc. seminar, August 2002
- Presentation, “Defenses in Drug and Medical Device Litigation,” Defense Research Institute Drug and Medical Device Committee Young Lawyers’ Training Seminar, September 2002
- Presentation, “The Start of All Our Troubles: The FTC Act as Applied to Product Liability Cases,” Product Liability Advisory Council Conference, October 2004
- Presentation, “Product Liability” for “Innovative Business and Breakthrough Technologies - The Legal Issues,” MIT Sloan School of Management, December 2004
- 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 “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, November 2005
- Presentation, “Product Liability” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, November 2006
- 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 2007
- 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 2008
- Presentation, “Product Liability” for “Basic Business Law Tilted Toward Innovation and Strategy,” MIT Sloan School of Management, September 2010
- Chair, "Defending Drug and Medical Device Litigation: A Primer for Young Lawyers, "Defense Research Institute Drug and Medical Device Committee seminar, September 2010
publications
- Foley Hoag LLP Product Liability Updates (1990-present) (over 60 individual issues summarizing developments in product liability, expert witness and related law)
- The Judicial Gatekeeper: Should Massachusetts Apply Daubert to Screen Expert Testimony?, 79 MASS.L.REV. 94-103 (1994) (position advocated by the article was subsequently adopted by Massachusetts Supreme Judicial Court, which cited the article)
- 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)
- Rationalizing Product Liability for Prescription Drugs: Implied Preemption, Federal Common Law and Other Paths to Uniform Pharmaceutical Safety Standards, 45 DEPAUL L.REV. 395-434 (1996)
- 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” (May 1997)
- Law in the First Circuit Since Daubert, 1998 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
- 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)
- Comments to Federal Rules Advisory Committee Regarding Proposed Amendments to Fed. R. of Evid. 702, PRODUCT LIABILITY ADVISORY COUNCIL (March 1998)
- Law in the First Circuit Since Daubert, 1999 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
- 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)
- Design and Warning Defect Claims Under Massachusetts Product Liability Law: Completing the Merger of Negligence and Warranty, 43 BOSTON BAR JOURNAL 12-28 (March/April 1999)
- Law in the First Circuit Since Daubert, 2000 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
- 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)
- 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)
- Law in the First Circuit Since Daubert, 2001 Supplement, PRODUCT LIABILITY ADVISORY COUNCIL DESKBOOK “EXCLUSION OF IMPROPER EXPERT TESTIMONY: CASE LAW SUPPLEMENT”
- 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)
- 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)
- 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)
- 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)
- Federal Preemption of Drug and Medical Device Claims: A Brief Outline, DEFENSE RESEARCH INSTITUTE, “DEFENDING DRUG AND MEDICAL DEVICE LITIGATION: A PRIMER FOR YOUNG LAWYERS” (September 2002)
- Coffee Burn Decision - Common Sense Prevails, AUSTRALIAN PRODUCT LIABILITY REPORTER (January/February 2003)
- 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)
- “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2003) (Aspen Publishers, Inc.)
- 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)
- State Farm: Refining the Constitutional Limitations on Punitive Damages Awards , 48 BOSTON BAR JOURNAL 6-7 (January/February 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)
- “Massachusetts” Chapter, PRODUCT LIABILITY ADVISORY COUNCIL, “CONSUMER FRAUD STATUTES: A GUIDE TO THE LAW IN THE 50 STATES” (October 2004)
- “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2004) (Aspen Publishers, Inc.)
- Avoiding Product Liability Claims, EXECBLUEPRINTS (2005) (Aspatore Books)
- “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2005) (Aspen Publishers, Inc.)
- “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2006) (Aspen Publishers, Inc.)
- The Preemption of Tort Claims Involving Medical Devices, DEFENSE RESEARCH INSTITUTE MONOGRAPH (2006)
- "Q&A With Foley Hoag's David Geiger," in Product Liability360, (10/23/2007)
- “Massachusetts” Chapter, AMERICAN BAR ASSOCIATION PRODUCT LIABILITY COMMITTEE, PHARMACEUTICALS AND BIOLOGICALS SUBCOMMITTEE, PUNITIVE DAMAGES IN PHARMACEUTICAL PRODUCT LIABILITY - A 50-STATE SURVEY (2007)
- “Massachusetts” Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2007) (Aspen Publishers, Inc.)
- “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2007) (Aspen Publishing)
- "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2008) (Aspen Publishing)
- “Massachusetts” Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2008) (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 (2009) (Aspen Publishing)
- "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2009) (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 (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, BUSINESS TORTS: A FIFTY-STATE GUIDE (2010) (Aspen Publishing)
- 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)
- The Class Action Fairness Act of 2005, A Five-Year Perspective, DRI For The Defense (January 2010)
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Donovan v. Philip Morris: Massachusetts Supreme Judicial Court Recognizes Medical Monitoring Claim Despite Lack of Clinically Manifest Injury,BOSTON BAR JOURNAL (Spring 2010)
- Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (2010)
- "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2011) (Aspen Publishing)
- "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2011) (Aspen Publishing)
- Chapter 11: "Emerging Issues in Medical Device Litigation," in PRODUCT LIABILITY LITIGATION: CURRENT LAW, STRATEGIES AND BEST PRACTICES (Practising Law Institute) (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)
- "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)
- "Litigation Update: A Review of Two Major Cases," in Law Journal Newsletters, Product Liability Law & Strategy (October 2011)
- "Massachusetts" Chapter, PRODUCT LIABILITY DESK REFERENCE: A FIFTY-STATE COMPENDIUM (2012) (Aspen Publishing) (to be published)
- "Massachusetts" Chapter, BUSINESS TORTS: A FIFTY-STATE GUIDE (2012) (Aspen Publishing) (to be published)
- "Massachusetts" Chapter, HANDBOOK ON PRODUCT LIABILITY JURY INSTRUCTIONS, Product Liability Advisory Council (to be published)