Products Liability Defense

• Since the formation of Helmsing Leach in 1976, we have defended manufacturers, distributors, retailers, component part suppliers, and individuals in actions brought under Alabama’s product liability law — the Alabama Extended Manufacturers Liability Doctrine (“AEMLD”) – and related causes of actions, such as negligence, wantonness, warranty, and fraud, in state and federal courts throughout the State.
• Our product liability attorneys represent manufacturers and distributors of chemicals, metals and other products in mass tort and toxic tort cases and class actions
• We pursue and defend product liability subrogation and indemnity claims
• Our experience includes representation of testing laboratories and other service-related suppliers to manufacturers

Products Defended

• aircraft, aircraft engines, helicopters, and aviation components and equipment
• asbestos
• automobiles, automotive parts, seat belts, and car jacks
• bicycles and other recreational products
• boats, marine inboard and outboard motors, and other marine products
• boilers
• building and roofing materials and construction supplies
• chain saws
• chemicals, metals, and other basic materials
• drugs, pharmaceutical products, medical devices, and surgical supplies and equipment
• diesel locomotives
• elevators
• exercise equipment
• fishing equipment
• heavy machinery
• household appliances, including conventional and toaster ovens and dishwashers
• hand-held power tools including band, miter, table and other saws, grinders, sanders, and other power tools
• industrial engines
• mining equipment and machinery
• motor homes, recreational vehicles, and “fifth wheels”
• paints
• paper making machinery
• surgical supplies
• tires
• trolling motors
• water and electric meters and controls
• water heaters and furnaces
• wire rope and other steel products

Notable or Recent Reported Cases

• Kumho Tire Co. v. Carmichael, 526 U.S. 137 (1999)
• Hughes v. Stryker Corp. 2011 WL 1413281 (C.A.11 (Ala.))
• Ex parte Delta International Machinery Corp., — So. 3d –, 2011 WL 3211098 (Ala.S.Ct. July 29, 2011)
• Patterson v. DePuy Orthopaedics, Inc., 2011 WL 3047794 (N.D. Ohio July 25, 2011)
• Barnhill v. Teva Pharmaceuticals USA, Inc., 2011 WL 1837816 (S.D. Ala. May 10, 2011)
• Wyatt v. Matrixx Initiatives, Inc., 2007 WL 7238402 (N.D. Ala. 2007)
• Benkwith v. Matrixx Initiatives, Inc., 467 F.Supp. 2d 1316 (M.D. Ala. 2006)
• Sutherland v. Matrixx Initiatives, Inc., 2006 WL 5185611 (N.D. Ala. 2006)
• Tillman v. R. J. Reynolds Tobacco, 340 F. 3d 1277 (11th Cir. 2003)
• Connally v. Sears, Roebuck & Company, 86 F.Supp. 2d 1133 (S.D. Ala. 1999)
• Wakeland v. Brown & Williamson Tobacco Corp., 996 F.Supp. 1213 (S. D. Ala. 1998)
• Frantz v. Brunswick Corp., 866 F.Supp. 527 (S.D. Ala. 1994)

Examples of Other Significant or Recent Representations

• Represent leading marine outboard engine manufacturer for 20 years in product liability, warranty, and negligence
• Defended regional distributors and local retailers in a series of Alabama product liability cases, obtaining dismissal of clients in all claims and cases
• Obtained summary judgment for testing company in products and premises liability case involving severe burn injuries
• Obtained summary judgments and voluntary dismissals by plaintiffs for over-the-counter drug makers in several Alabama cases
• Before filing of answer, obtained voluntary dismissal of wrongful death case arising out of boating accident in Geneva County, Alabama
• Obtained dismissal of chemical manufacturer in toxic tort wrongful death case in Wilcox County, Alabama
• Resolved wrongful death case arising out of death of two-year old in Sumter County, Alabama

Attorneys

John N. Leach, James B. Newman, Joseph P. H. Babington, Russell C. Buffkin, J. Casey Pipes, Patrick C. Finnegan, T. Ryan Luna, Annie J. Dike, D. Andrew Stivender