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Product Liability & Food Claims

Contacts

Robert L. Wallan
Partner, Los Angeles
T: +1.213.488.7163
Alexander D. Hardiman
Partner, New York
T: +1.212.858.1064
Mark J. Plumer
Partner, Washington, DC
T: +1.202.663.9206
Joseph D. Jean
Partner, New York
T: +1.212.858.1038
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Areas of Focus

Combining deep product liability insurance experience and extensive experience in the food and hospitality industry, Pillsbury adds meaningful value and develops unique approaches to help maximize insurance recoveries for policyholder clients.

Pillsbury’s Insurance Recovery & Advisory practice has significant experience representing clients in manufacturing across a broad array of industries, as well as extensive experience regarding the many issues and challenges impacting the consumer food industry—from manufacturing to restaurant chain operations to grocer-related issues.

Our experience in the food industry ranges from raw beef and produce to cookies, cheeses, frozen yogurt, hamburgers, packaged condiments, corn and potato chips, allergen issues, recalls, personal injury claims, supply chain disputes and distribution issues.

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We only represent policyholders, which means that we can bring our full resources to bear in obtaining favorable resolutions for our clients. Leveraging our deep experience and partnering with our clients and their recall counsel, we deliver the best results for our clients’ businesses. We coordinate the defense of products liability class actions with efforts to ensure that our clients receive the full benefits of the insurance coverage they purchased. Members of our firm have authored treatises on product liability, and our lawyers frequently speak on risk management issues (particularly infectious disease and liability and supply chain issues for food-borne illnesses) at events such as the UCLA Restaurant Conference and the RIMS annual conference. Additionally, we conduct webinar presentations on food recall coverage issues.

Representative Experience

  • Represented In-N-Out Burger, Jack in the Box, CTI Foods, Albertsons, Coffee Bean & Tea Leaf, Yogurtland, Pinkberry, Medora Foods and many other restaurants, food manufacturers and grocers.
  • Obtained coverage via trial and summary judgment for plumbing manufacturers Victaulic and Fluidmaster against major insurers who wrongfully denied claims arising from national class actions and other major products liability suits.
  • Represented an auto parts manufacturer on insurance issues in connection with a massive product recall.

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The following are examples of products liability and food-related coverage claims and litigation we have handled:

  • Product Liability
    • Represented Fluidmaster in an insurance coverage and bad faith litigation in California Judicial Council Coordination Proceedings (JCCP) based on numerous products liability class actions coordinated in Chicago MDL proceedings and subrogation actions coordinated in Orange County, California. The combined products liability cases involved more than $150 million in claims for property damage. Class certification in the underlying cases was defeated with recoveries of nearly $50 million.
    • Represented Hearst in a litigation against its insurer involving coverage under its media policies for an underlying class action alleging privacy violations and is counsel to Hearst in a matter involving coverage for several products liability class actions potentially implicating 40 years of insurance policies.
    • Represented Con Edison, a power utility company in New York City and surrounding areas, to help secure additional insured coverage for an asbestos-related wrongful death claim under a construction company’s insurance policy.
    • Represented an industrial conglomerate in a $1.5 billion appeal to recover for asbestos liabilities under the company’s CGL insurance policy.
    • Represented a Japanese manufacturer regarding coverage for alleged bodily injury claims arising out of the largest product recall (airbags) in U.S. history.
    • Pursued insurance recoveries for a number of construction and real estate clients for Chinese drywall and EIFS claims against insurance carriers.
    • Represented several pharma companies in recovering under Bermuda-form excess liability coverage.
    • Represented a sports equipment company in prosecuting insurance coverage claims for a wave of mass tort litigation by NFL players and their families claiming helmets were defective.
    • Represented a Fortune 500 corporation to obtain insurance coverage for national and foreign class actions alleging product contamination.
    • Represented a mechanical pipe joining manufacturer and secured a jury verdict for breach of contract, bad faith and punitive damages, including attorney’s fees and punitive damages, after denial of coverage for defense of product liability claims by AIG. This was one of the largest insurance jury verdicts in California in 2015.
  • Restaurant and Food-Related Claims
    • Represented a meat processing company with respect to the recall of more than 8 million pounds of contaminated beef.
    • Represented a company that sells high-protein cookies and other snack foods and was named in a putative consumer class action alleging false advertising regarding its protein content.
    • Acted for a Fortune 500 consumer products company in an insurance recovery matter involving a national pet food recall arising out of melamine contamination.
    • Recovered substantial insurance proceeds in a litigated claim involving widespread pseudomonas bacteria contamination in fresh cheese products.
    • Obtained a summary judgment and full insurance recovery on behalf of nationally prominent quick-serve chain for claims arising from customers’ exposure to hepatitis.
    • Represented an Asian-headquartered international quick-serve chain in connection with multi-unit food contamination insurance and indemnity claims.
    • Litigated and negotiated recoveries on defense and indemnity claims arising from state and federal consumer class actions alleging violations of FACTA, FCRA and the Song-Beverly Card Act for numerous nationally prominent restaurant chains.
    • Litigated recovery against AIG for denial of coverage under an umbrella policy for a runaway jury verdict for a brain injury claim arising from a parking lot gang fight.
    • Represented a national packaged snack food company on insurance and indemnity claims arising from material insect contamination.
    • Counseled clients on their restaurant business operations, including insurance purchasing and claims, crisis management and third-party disputes.

 

Practice Area Highlights

  • Pillsbury is recognized as among the most feared law firms for litigation by BTI Consulting Group.
  • Nationally ranked by Chambers USA (2018 – 2019), and finalist for Chambers USA’s Award for Excellence in Insurance (2018).
  • Recognized by The Legal 500 U.S. (2017 – 2021).

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  • Team lawyers are lauded by Best Lawyers in America and Who’s Who Legal in the field of insurance.
  • Five-time Law360 Insurance Practice Group of the Year (2022, 2020, 2016, 2015, 2010)

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Litigation Highlights

2024 MOST FEARED FIRMS

BTI Consulting recognizes Pillsbury as one of the most feared law firms in litigation.

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