Dustin B. Rawlin

Dustin Rawlin is a Partner in the Cleveland office of Tucker Ellis LLP. He represents businesses in complex civil litigation matters in courts throughout the United States involving product liability, business tort, breach of warranty, consumer fraud and commercial litigation, with a focus on the defense of medical device litigation. Dustin is national counsel for a medical device manufacturer and has successfully defended scores of cases involving a wide variety of medical devices. Dustin is currently defending personal injury claims related to a stress urinary incontinence device as coordinating counsel in the In re Mentor Corp. ObTape Transobturator Sling Products Liability Litigation (MDL No. 2004).

He also devotes a substantial amount of time to community service and pro bono representations. Dustin has been appointed to provide pro bono representation in criminal matters before the Sixth and Tenth Circuit Courts of Appeals and has handled a number of civil rights and wrongful eviction cases referred by the Legal Aid Society of Cleveland. Dustin serves on the board of the non-profit Seeds of Literacy, an organization that provides one-on-one adult literacy and GED tutoring.

Dustin met his wife Meggan, also an accomplished attorney, while they were both students at Duke University School of Law and – in one of his finest pieces of advocacy – convinced her to turn down job opportunities in Dallas and Atlanta and move to Northeast Ohio after graduation where they live today with their two young children.

Representative Decisions

Reeves v. PharmaJet, Inc., No. 11-CV-2347, 2012 WL 380186 (N.D. Ohio Feb. 3, 2012). Medical monitoring putative class action regarding needle-free jet injection device used to administer flu vaccine dismissed with prejudice.

Johnson v. Byron Medical, Inc., et al., No. MRS-L-104-06 (N.J. Super. Ct. Law. Div. Morris Cty. 2008). Summary judgment granted in favor of medical device company on innocent retailer defense in case involving alleged burn injuries from an external ultrasound device.

Ratliff v. Mentor Corporation, 569 F.Supp.2d 926 (W.D. Mo. 2008). Medical monitoring putative class action regarding ObTape transvaginal mesh dismissed with prejudice.

Mathis v. E.I. DuPont de Nemours & Co. and Mentor Corporation, No. 06-0825, 2008 U.S. Dist. LEXIS 3441 (W.D. La. 2008). Plaintiff’s claims against Mentor dismissed as preempted in case involving a “transitional device” – Polytef Teflon® vocal cord paste.

eSynaptic Response Ltd. v. The Bradley Company Ltd., L.L.C., et al., No. 07-CV-2050, 2007 U.S. Dist. LEXIS 94184 (N.D. Ohio Dec. 26, 2007). Motion for judgment on the pleadings granted on client’s breach of contract counterclaim in a copyright and trademark infringement case involving health club management software.

Lakey v. Mentor Corporation, No. 05-CV-929, 2007 WL 4811929 (N.D. Ga. Mar. 30, 2007). Summary judgment granted in favor of medical device company for lack of causation in case involving alleged mold toxicity from saline breast implants.

Allen v. Mentor Corporation, No. 04-642, 2006 WL 861007 (D. Conn. Mar. 31, 2006). Summary judgment granted in favor of medical device company for lack of proof of defect in case involving alleged injuries from saline tissue expander.

Falken Industries, Ltd. v. Sautin and Johansen, No. ESCV2004-01877 (Mass. Super. Ct.), aff'd, No. 2006-P-270 (Mass. App. Ct.). Motion to dismiss on forum non conveniens grounds granted and affirmed on appeal for French and Swedish clients.

Chevron Products Co. v. Cascade Distributing, Inc., No. 05-CV-2007, 2006 U.S. Dist. LEXIS 36739 (N.D. Ohio June 6, 2006). Summary judgment granted in favor of client on its claims and on defendant’s counterclaims in case involving supply of lubricating oil to Navy.

Zimmer Orthopaedic Surgical Products, Inc. v. Haemonetics Corp., No. 05-CV-2149 (N.D. Ohio 2005). Preliminary injunction granted in favor of client requiring defendant to continue supplying a critical blood transfusion product under a distribution agreement.

Schaffhausen v. Bank of America, N.A., 393 F.Supp.2d 853 (D. Minn. 2005). Summary judgment granted for Experian in case under Fair Credit Reporting Act.

Kenworthy v. Mentor Corporation, No. 17-145829-92 (Tex. Dist. Ct. Tarrant Cty. 2005). Summary judgment granted in favor of medical device company because plaintiff was member of non-opt out class in case involving alleged injuries from silicone breast implants.

Keller v. Advanced Design Industries, et al., No. 04-CV-137546 (Ohio CP Ct. Lorain Cty. 2004). Motion for judgment on the pleadings granted for client in products liability case involving a claim for injuries from an exploding industrial oven.

Lowe v. Experian Information Solutions, Inc., et al., 340 F.Supp.2d 1170 (D. Kan. 2004). Motion to dismiss granted for failure to substitute proper party after death of plaintiff in case under Fair Credit Reporting Act.

Devlin v. Mentor Corporation, No. 02-CA-12313 (Fla. Cir. Ct. Orange Cty. 2004), No. 5D04-3629 (Fla. 5th DCA 2005). Summary judgment granted and appeal dismissed in favor of medical device company for lack of proof of defect in case involving alleged injuries from silicone gel breast implants.

Molton v. Experian Information Solutions, Inc., No. 02-CV-7972, 2004 WL 161494 (N.D. Ill Jan. 21, 2004). Summary judgment granted for Experian in case under Fair Credit Reporting Act.

Yarber v. Mentor Corporation, No. 00000377 (Fla. Cir. Ct. Pinellas Cty. 2004), aff'd per curiam, No. 2D04-3360 (Fla. 2d DCA 2005). Summary judgment granted and affirmed on appeal in favor of medical device company for lack of proof of defect in case involved alleged injuries from penile prosthesis.

Zotta v. NationsCredit Financial Services Corp., 297 F.Supp.2d 1196 (E.D. Mo. 2003). Summary judgment granted for Experian in $5 million case under Fair Credit Reporting Act.

Moline v. Experian Information Solutions, Inc., 289 F.Supp.2d 956 (N.D. Ill. 2003). Summary judgment granted and attorneys’ fees awarded to Experian pursuant to 28 U.S.C. § 1927 in case under Fair Credit Reporting Act.

Hoffman v. Mentor Corporation, No. 197 CC 1124 (Mo. Cir. Ct. Green Cty. 2003). Summary judgment granted in favor of medical device company following Daubert decision barring plaintiff’s causation expert in case involving alleged injuries from silicone breast implants.

Representative Trials

Seeno v. Mentor Corporation., No. RG06264787 (Sup. Ct. Alameda Cty., Cal. 2008). Complete defense verdict after five week jury trial involving ObTape transvaginal mesh.

Peterson v. Loretz, et al., No. CV-07-637836 (Ohio CP Ct. Cuyahoga Cty. 2008). Jury verdict for pro bono client in illegal lockout case against landlord. Tenant was awarded $31,000 in compensatory and punitive damages. Motion for relief from judgment and for new trial denied.

Ellis v. Mentor Corporation, No. 02-0751 (Lee Cty. Ct., Miss. 2004). Complete defense verdict in jury trial involving alleged injuries from saline tissue expanders.
 

Publications

“The Verdict Is In: Trial Tips for Associates,” Cleveland Metropolitan Bar Journal (January 2009)
“Time Management,” Cleveland Metropolitan Bar Journal (November 2008)
“For the Public Good: Pro Bono,” Cleveland Metropolitan Bar Journal (September 2008)
“Mentoring,” Cleveland Metropolitan Bar Journal (August 2008)
“Direct-to-Consumer Advertising and the Learned Intermediary Doctrine: Trends and Safe Harbors for Pharmaceutical Manufacturers,” Practice Perspectives: Product Liability & Tort Litigation (Summer 2007)

Speaking Engagements

“Developments in the Local Rules of the N.D. Ohio,” Cleveland Metropolitan Bar Association, Federal Court Training, Cleveland, Ohio (December 2011)
“Fundamentals of Medical Device Regulation and Litigation,” internal client presentation, Cleveland, OH (March 2011)
“Developments in the Local Rules of the N.D. Ohio,” Cleveland Metropolitan Bar Association, Federal Court Training, Cleveland, Ohio (December 2010)
“Hearsay, Trial Evidence for Ohio Practitioners,” Ohio State Bar Association, Cleveland, Ohio (December 2010)
“Fundamentals of Medical Device Regulation and Litigation,” internal client presentation, Cleveland, OH (November 2010)
Instructor, National Institute for Trial Advocacy (NITA) Expert Witness Deposition Workshop, Dallas, Texas (September 2010)
“Effective Mediation,” San Francisco, California (April 2008)
“The Joint Defense Privilege and Joint Defense Agreements,” Cleveland, Ohio (August 2007)
“Professionalism,” Cleveland Bar Association, New Lawyers Training, Cleveland, Ohio (February 2004, 2006)

Federal Appointments

Northern District of Ohio Advisory Group (2003 to present)
     Co-Chair, Civil Rules Committee
Merit Selection Panel, Northern District of Ohio (2011)
Merit Selection Panel, Northern District of Ohio (2008)

Civic & Professional Involvement

Cleveland Metropolitan Bar Association
       Litigation Section Council Member (2011)
     Chair, Commercial Docket Committee (2010)
     Chair, Young Lawyers Section (2009)
     Board of Trustees (2009)
Seeds of Literacy
      Board Member
Defense Research Institute
      Drug & Medical Device Committee
Ohio State Bar Association
Federal Bar Association

Awards & Professional Recognition

Ohio Super Lawyers Rising Star® (2005, 2006, 2007, 2009, 2011, 2012)

Full Bio