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richard-a-dean

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.

Education
Indiana University School of Law (J.D., 1973); Order of the Coif
DePauw University (B.A., 1970); Phi Beta Kappa
State Admissions
Ohio, 1973
Texas, 1986
Federal Admissions
Supreme Court of the United States
United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Fifth Circuit
United States Court of Appeals, Sixth Circuit
United States Court of Appeals, Eighth Circuit
United States Court of Appeals, District of Columbia Circuit
United States District Court, District of Columbia
United States District Court, District of Maryland
United States District Court, Northern District of Ohio
United States District Court, Southern District of Ohio

Representative Decisions

  • 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.

Representative Trials

  • 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.

Publications

  • Who’s Who Legal
    • Product Liability Defence (2003, 2005, 2009, 2013–2021)
    • Life Sciences – Product Liability (2010, 2012–2021)
  • The Best Lawyers in America® (2014–2024)
    • 2016 Cleveland Lawyer of the Year (Mass Tort Litigation/Class Actions – Defendants)
  • International Association of Defense Counsel
  • Defense Research Institute