Product liability litigation has an unfortunate reputation for employing huge numbers of lawyers and entailing great expense and delay for clients. Our clients in product liability matters typically have a far different experience, as our approach to litigation is focused on resolving the matter as quickly and efficiently as possible. We want to handle your next case, rather than drag out the current one.
We start by gaining a complete understanding of the product and its proper use—as well as any misuse. This, coupled with a thorough knowledge of our clients’ business and strategic objectives, makes it possible for us to realize their objectives in resolving the specific matter. Our sharply focused investigation and discovery practice minimizes negative consequences both within and outside the company and keeps litigation costs low.
We have represented major manufacturers in various industries in product liability litigation in South Carolina, and we have represented South Carolina-based manufacturers in such cases nationwide. Obviously, the facts in each situation vary, but when the opportunity arises to address potential litigation situations before suit has been filed, we are often successful in resolving the matter entirely out of court.
Because of our reputation for outstanding legal work and knowledge of the court system, Wyche is often called upon by counsel in other jurisdictions to assist in representing their clients in South Carolina-based product liability litigation. We pride ourselves on performing such work with utmost efficiency, for the benefit of both the client and our out-of-state colleagues. Our best sources of new cases are the clients, and the lawyers, who called upon us for their last case.
Representative matters include:
- Wyche represented a manufacturer of birth-control pills in a birth defects case. The case was fought over several years, involving extensive discovery and use of expert witnesses. Ultimately, after the court’s revocation of the pro hac vice admission of plaintiffs’ out-of-state counsel, we obtained a favorable settlement for our client.
- For many years, until the sale of the company, we coordinated all product liability claims against a major manufacturer of exercise and fitness equipment. Every case was resolved without trial and, in the overwhelming majority of cases, without payment to the plaintiff.
- A national electrical receptacle manufacturer was sued in a statewide class action for increased risk of harm to homeowners for the alleged faulty design of back-wire, push-in receptacles. The manufacturer hired Wyche to defend the suit in the MDL in the District of South Carolina. After remand to state court, we secured a dismissal on the merits, based on the absence of injury. That dismissal is currently on appeal to the state court of appeals.
- We have represented a major tire manufacturer in appeals of discovery orders in products liability cases that would require it to disclose its secret formulas.
- Wyche succeeded in disqualifying a purported expert witness under Daubert in a product liability case, resulting in summary judgment for the manufacturer.
In a career spanning over thirty-five years of practice, Marshall Winn has had the rare opportunity to practice corporate, real estate, bankruptcy, tax, estate planning, and other areas of law at a high level, and in addition has been greatly respected as a trial lawyer with expertise in several substantive fields such as product liability,…