Experience
Spine Surgery Malpractice
Currently represent and defend a nationally recognized children's hospital against multiple (50+) claims of medical malpractice related to the care of a single spine surgeon.
Class Action Defense - Manufactured Housing
Dinsmore & Shohl defended a national seller of manufactured housing in state and federal court against class action claims related to the alleged inherent risks of fire and injury associated with manufactured housing. Following successful motion practice, all claims were dismissed in both state and federal courts.
Class Action Defense - Truth in Lending Act
Dinsmore & Shohl defended its clients in federal court against multi-state claims of fraud, consumer protection violations and violations of the federal Truth in Lending Act. Following summary judgment in the clients' favor, the case was argued to the U.S. Court of Appeals for the Sixth Circuit before settling favorably for the clients.
MDL 1023: In re: Diet Drugs (Fen-Phen)
As national coordinating counsel and trial counsel, Dinsmore & Shohl defended a distributor of phentermine in the multi-district product liability litigation related to the diet drug commonly known as fen-phen. Mr. Brittingham assisted the team that represented the client nationally. Additionally, as local and regional counsel, Mr. Brittingham managed the litigation and discovery of claims pending in Kentucky, successfully obtaining their dismissals.
Popcorn Flavoring / Diacetyl Litigation
Dinsmore & Shohl represents International Flavors & Fragrances in the butter flavoring litigation that arose after a NIOSH investigation found a significant lung disease, bronchiolitis obliterans, in a Missouri popcorn plant. The firm's trial team, consisting of Frank C. Woodside, III, Mary-Jo Middelhoff and J. David Brittingham, has taken 8 cases to trial since 2003 and continues to litigate numerous cases in a variety of jurisdictions.