Mollie F. Benedict
Mollie Benedict is Partner-in-Charge of the Tucker Ellis Los Angeles office and Chair of the firm’s Medical Device & Pharmaceutical Liability Group. Mollie represents clients in federal and state courts across the United States, both as national counsel and as lead counsel in California Coordinated Proceedings. Mollie has garnered litigation experience in the areas of medical devices, pharmaceuticals, food and cosmetics, product liability, false advertising, and has tried several cases to verdict. She also handles class actions and complex business litigation. Mollie has written and argued appeals on issues including invasion of privacy, statutory immunities for physicians, and the appropriate standards for medical expert testimony.
Mollie grew up in central Illinois and moved to the west coast to attend law school. She enjoys running, yoga, and spending time with her husband and two children.
- Represented medical device company in product liability MDL involving transvaginal pelvic mesh; two jury trials of bellwether cases in U.S. District Court, Middle District of Georgia.
- Represented medical device company in wrongful death case involving surgical clips; three-week Los Angeles County jury trial.
- Represented telecommunications company in alleged breach of contract for scrap metal recovery in seven states, fraud, and punitive damages; Los Angeles County jury trial.
- Represented insurance companies in eight-week trial involving claims for breach of contract, fraud, and punitive damages arising out of insurance agreements related to vehicle service contracts written in 50 states; Los Angeles County jury trial.
- Represented industrial machine manufacturer in case involving loss of body parts from alleged defective heavy machine press; Orange County, California jury trial.
- Norton v. Independence Technology, LLC, No. 2:10-cv-03218, 2011 WL 3584491 (E.D. Cal. Aug. 15, 2011). All plaintiff's claims dismissed as preempted in case involving a Class III medical device – a stair-climbing wheelchair.
Civic & Professional Involvement
- Defense Research Institute
- Drug and Medical Device Steering Committee
- Publications Committee
- International Association of Defense Counsel
- Membership Committee
- Drug, Device and Biotechnology Committee, Vice Chair
- Product Liability Committee, Vice Chair
- FDA Basics for the Drug and Medical Device Lawyer, DRI Defense Library Book, Editor (2015)
- "Biologics and the Heeding Presumption," IADC Drug, Device and Biotechnology Newsletter (January 2015)
- Women Rainmakers: Roadmap to Success, DRI Defense Library E-Book, Contributor (2014)
- "Developing a Regulatory Story That Counts," IADC Drug, Device and Biotechnology Newsletter (May 2014)
- "California Code of Civil Procedure Section 437c: The Ghost in the Empty Chair After a Codefendant's Summary Judgment," IADC Drug, Device and Biotechnology Newsletter (August 2013)
- "Reliability and Admissibility of Forensic Toxicology Testing in Civil Cases," IADC Drug, Device and Biotechnology Newsletter (December 2012)
- "Out of Your Jurisdiction: Why FDA Recalls and Courts Do Not Mix," IADC Drug, Device and Biotechnology Newsletter (August 2011)
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