Richard A. Dean
Richard Dean is a trial lawyer specializing in complex litigation. He has tried pharmaceutical, antitrust and business litigation cases all over the United States. He has been active in the defense of class action cases.
He is currently focusing on an issue-based practice emphasizing preemption and personal jurisdiction questions. He has been national counsel in several pharmaceutical cases – many involving issues of product recall. He has significant experience in Daubert challenges to suspect medical and scientific testimony.
- Pliva, Inc. v. Mensing, 131 S. Ct. 2567 (2011). Failure to warn claims against generic drug manufacturers are preempted.
- In Re Digitek Products Liability Litigation, No. 2:08-md-01968, 2010 WL 2102330 (S.D. W. Va. May 25, 2010). Consumer class action rejected in Digitek® recall.
- Myers-Armstrong v. Actavis Totowa, LLC, 2009 WL 1082026 (N.D. Cal. 2009). Consumer cannot recover purchase price of drug deemed to be adulterated where drug was consumed without incident.
- Clark v. Actavis Group Hf, 567 F. Supp. 2d 711 (D. N.J. 2008). Plaintiffs’ attempt to amend recall notices were barred by primary jurisdiction since this was within province of FDA.
- Giddings v. Bristol-Myers Squibb Co., 192 F. Supp. 2d 421 (D. Md. 2002). Daubert decision barring key plaintiff's expert in breast implant litigation.
- Kurczi v. Eli Lilly & Company, 160 F.R.D. 667 (D. Ohio 1995). Class action denied in DES cases.
- Heights Community Congress v. Hilltop Realty, Inc., United States District Court for Northern District of Ohio; Federal Housing Act discrimination case; bench trial.
- Noyola v. McNeil, United States District Court for Northern District of Illinois; prescription drug case involving claim for inadequate warning; jury trial.
- Hawkins v. McNeil, Superior Court for District of Columbia; prescription drug case involving claim for inadequate warning; jury trial.
- RLH v. SBC, Superior Court for Orange County California; state antitrust claim; jury trial.
Civic & Professional Involvement
- International Association of Defense Counsel
- Defense Research Institute
- "Corn, Justice Brandeis, Litigation Tourism and the Dormant Commerce Clause," Drug and Device Law Blog (July 2016)
- "Design Defect Preemption – It’s as Simple as One, Two, Three," Drug and Device Law Blog (March 2016)
- "Disagreeing with FDA Approval Decisions: Practical Consequences of the First Circuit’s Celexa Decision," DRI’s RX for the Defense (June 2015)
- "How to Remove Multi-Plaintiff Cases Involving Personal Jurisdiction Challenges and Avoid Subject Matter Remand," DRI’s RX for the Defense (March 2015)
- "Daimler (Bauman) as a Removal Tool in Multi-Plaintiff Cases," Drug and Device Law Blog (October 2014)
- "Between a Regulatory Rock and a Hard Place: Does Preemption Provide an Escape?", DRI's In-House Defense Quarterly (Fall 2014)
- "Design Defects and Generic Drugs: The Supreme Court Steps In," DRI’s RX for the Defense (January 2013)
- "Perfecting Tort Design," Legal Times (February 1997)
Awards & Professional Recognition
- Who's Who Legal
- Product Liability Defence (2003, 2005, 2009, 2014-2016)
- Life Sciences: Product Liability (2010, 2012, 2014-2016)
- The Best Lawyers in America® (2014-2017)
- 2016 Cleveland Lawyer of the Year (Mass Tort Litigation/Class Actions – Defendants)
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