Kaye Scholer

Steve has written and lectured extensively on product liability class actions, and has testified before the Advisory Committee on Civil Rules concerning proposed changes to the federal class action rules. He has successfully opposed class certification in numerous cases, including In re American Medical Systems, Inc., 75 F.3d 1069 (6th Cir. 1996), where the Sixth Circuit granted a writ of mandamus to decertify a class. Steve has also defended class action settlements, including international settlements. In one international class action settlement with 50,000 potential claimants, he designed, supervised the implementation of, and successfully defended the adequacy of a massive class notice program in the United States, Canada, Europe, Asia, Australia, Latin America and the Middle East.

Additionally, Steve has performed product liability due diligence investigations in connection with potential corporate acquisitions, and has counseled clients on proposed tort reform legislation, on product warnings and labeling, on product liability indemnification agreements, in asbestos and silicone cases, and on issues relating to the Consumer Product Safety Commission.

As a member of the Product Liability practice, Steve has been continuously recognized as a leading attorney by Chambers USA. In the 2012 publication, Chambers quoted a client as stating that the team is compiled of “absolute experts and incredible strategic thinkers. They have the ability to understand their client and what we are most concerned about, and getting to the objective in the most cost-effective and efficient manner while ensuring you get the results you want.” In 2012, Euromoney’s inaugural Life Sciences Guide included Steve in a list of “Life Science Stars,” and The International Who’s Who of Life Sciences Lawyers, 2010 recognized him as one of the world’s 12 “Most Highly Regarded Individuals” in the Life Sciences field.

Significant Matters

• Steve has served as national counsel in seven MDL litigations and many state court coordinations.
  
  
• Steve is national counsel to Knauf Plasterboard Tianjin (KPT) in the Chinese Drywall litigation. On February 7, 2013 Steve and his team obtained approval of a landmark global class action settlement resolving the claims of thousands of homeowners who asserted that our client’s drywall caused damage to their homes. The settlement allowed the client to repair the affected homes, with the cost established by commercial contracts rather than by litigation experts, thus assuring the most cost-effective resolution. According to Judge Fallon who oversaw the case, “these matters can be resolved because of the quality and ability of the attorneys. That’s the secret of the MDL process. It brings out the best of the best. And, because of that, these cases, as complicated as they are, can be resolved.”
  
  
• Steve currently serves as national counsel to Boston Scientific in medical device litigation.
  
  
• Steve was lead counsel to Pfizer in Viagra litigation, winning summary judgment in seven cases alleging that Viagra causes heart attacks, including affirmances of all three summary judgments that were appealed. Selig v. Pfizer Inc., 735 N.Y.S. 2d 549 (N.Y. App. Div.-1st Dept. 2002). More recently, his team won summary judgment on claims that Viagra can cause permanent vision loss, “effectively ending” the litigation, according to the MDL judge. In re Viagra Products Liability Litigation, 658 F. Supp 2nd 936 (D. Minn. Aug. 19, 2009) (MDL); In re Viagra Products Liability Litigation, 658 F. Supp 2nd 950(D. Minn. Aug. 19, 2009)
  
  
• Steve was national counsel to Pfizer in the Rezulin and Hormone Replacement Therapy litigations. In the Rezulin litigation, Steve won a Daubert decision that had national importance, prohibiting experts from testifying about a company’s motive, intent or ethics, or about the expert’s interpretation of company documents. In re Rezulin Prod. Liab. Lit., 309 F. Supp. 2d 531 (2004). In other major Rezulin decisions, his team won Daubert rulings excluding claims alleging latent liver injury, liver cancer, cirrhosis and cardio-vascular injury. In re Rezulin Products Liability Litigation, 369 F. Supp 2nd 398 (S.D.N.Y. 2005)
  
  
• Steve was a consultant to the City of New York in a class action suit involving over 50,000 potential claimants.
  
  
• Steve was lead counsel in Pick v. American Medical Systems, Inc., 958 F. Supp. 1151 (E.D. La. 1997), affirmed per curiam, 198 F.3d 241 (5th Cir. 1999), a leading Daubert decision in the area of disease causation. The court granted summary judgment to the defendant and excluded, in whole and in part, the testimony of 13 plaintiff’s experts in such diverse fields as “immunotoxicology,” pathology, neurology, ophthalmology, biochemistry and infectious disease.
  
  
• Steve was lead trial counsel for the fire alarm company in the San Juan Dupont Plaza Hotel Fire litigation, which involved over 2,000 plaintiffs (including 97 people killed in the fire) and 200 defendants. The case was settled favorably after a 12-month jury trial in 1988.