Lex Machina is proud to release its 2023 Product Liability Litigation Report, which provides insights into trade secret litigation trends in federal district court and appellate court over the five-year period from 2018 to 2022. This report surveys emerging trends in case filings (including federal appellate cases), most active venues, judges, law firms, parties, timing metrics, case resolutions, findings, and damages. The report often focuses on different sets of data, e.g., filtering cases in order to provide analytics on general product liability cases, medical device/pharmaceutical cases, vehicle cases, and federal appellate product liability cases.

Key Trends and Highlights from the report include:

  • In 2022, 5,826 product liability cases (excluding MDL Associated Cases) were litigated in federal district courts
  • In the five-year period from 2018 to 2022, the highest number of product liability cases was filed in the Southern District of Illinois, while Judge Rosenstengel from the Southern District of Illinois was the most active judge for product liability cases.
  • In the five-year period from 2018 to 2022, Syngenta AG was the most active defendant in general product liability cases (excluding MDL Associated Cases), while Johnson & Johnson was the most active defendant in medical/pharmaceutical cases, and Ford Motor Company was the most active defendant in vehicle cases.
  • Meyers & Flowers was the most active counsel representing plaintiffs in product liability cases in the five-year period from 2018 to 2022, while Kirkland & Ellis represented defendants in the highest number of product liability cases over the same period of time.
  • $214 million in total damages were awarded as Approved Class Action Settlement Damages from 2018 to 2022, while $201 million in total damages were awarded as Punitive Damages.

View our infographic.

Legal Analytics is used for planning, budgeting, and litigation strategy. The metrics in this report can help readers decide who to pursue as clients, whether to file a particular motion, or when to settle (and for how much). This research supplements traditional legal research and anecdotal data in order to gain a competitive edge in litigation.

Lex Machina hosted a webcast to discuss the report on September 14, 2023 with Robbie Jost (Counsel at Crowell), Richard North, Jr. (Partner at Nelson Mullins), and Ron Porter (Lex Machina’s Legal Data Expert in Product Liability Litigation), hosted by Aria Nejad (Lex Machina’s In-house Counsel). View a recording of the webcast.

Request a copy of the report.