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Michael L. Kidney

Partner
Washington, D.C.

Michael L. Kidney

Michael Kidney has more than 20 years of experience winning lawsuits — and doing it efficiently. Clients often turn to Michael when they are facing high-stakes consumer class actions, product liability claims, and complex commercial litigation.

As a result of filing early dispositive motions, Michael has won the outright dismissal of dozens of lawsuits — at the very outset of the case. These dismissals have resulted in opinions that have been widely cited. For example, Michael secured the dismissal, with prejudice, of a group of defendants from an MDL proceeding involving a consolidated nationwide class action filed in a plaintiff-friendly jurisdiction and involving over-the-counter pharmaceutical products.

In other cases, Michael has been able to resolve the case early by narrowing the issues in discovery, developing facts that lead to an early resolution, and employing alternative dispute resolution strategies. Michael firmly believes that there are many ways to resolve a case other than by engaging in protracted and expensive discovery.

Michael's consumer class action and product liability practice involves a variety of products, with a particular focus on motor vehicles, pharmaceuticals, medical devices, biologics, food products, and a wide range of other types of consumer products.

Michael has more than two decades of experience defending lawsuits targeting the automotive industry. He has represented automotive defendants in multiple MDL class actions. Michael is a member of the firm's global automotive industry sector's core team.

Michael is also involved in counseling various clients on strategies to reduce the risk of consumer claims and other disputes that may result in litigation. He has counseled clients on strategies to reduce the risk of liability in light of various statutes, including the Biomaterials Access Assurance Act. Michael also has significant experience counseling clients on clinical trial issues.

Michael's complex civil litigation practice has included such diverse matters as disputes involving software development agreements, environmental litigation, directors' and officers' liability, and litigation involving the interpretation and enforcement of indemnification agreements.

"Highly recommended."

Legal 500

Representative Experience

Secured a very favorable MDL class action settlement for an automotive OEM targeted with more than 54 class actions.

Won dismissal of defendants from consolidated nationwide class action involving over-the-counter pharmaceutical products.

Won the outright dismissal, at the motion to dismiss stage, of nearly a dozen class actions targeting automotive OEMs.

Secured an important ruling that a California state consumer protection statute did not apply to a foreign parent corporation.

Secured an unprecedented 50 percent reduction in lodestar in connection with a favorable settlement in an automotive MDL.

Secured a favorable settlement in an automotive class action involving remedy limited to class members residing in certain states.

Serves as national product liability counsel for a major biologics company.

Serves as national product liability counsel to one of the largest providers of allografts in the country.

Served as national product liability counsel for a major pharmaceutical company faced with numerous lawsuits.

Served as national coordinating counsel to a major automotive manufacturer for all preemption issues.

One of several firm lawyers who served for many years as national coordinating counsel to a major automotive manufacture for product liability claims.

Served as a member of the national trial team for an automotive manufacturer that handled all trials and binding arbitrations involving air bags.

Represented a manufacturer of silicone gel breast implants as regional defense counsel.

Education and admissions

Education

  • J.D., cum laude, University of Michigan Law School, 1989
  • B.A., cum laude, Yale University, 1986

Memberships

  • Member, American Bar Association
  • Member, Defense Research Institute
  • Member, Bar of the District of Columbia

Bar admissions and qualifications

  • District of Columbia

Court admissions

  • U.S. Court of Appeals, District of Columbia Circuit
  • U.S. Court of Appeals, Tenth Circuit
  • U.S. District Court, District of Columbia
  • U.S. District Court, District of Maryland

2014

Product Liability Defense

Who's Who Legal

2012-2013

Product Liability and Mass Tort Defense: Automotive/Transport

Legal 500 US

2012-2013

Product Liability and Mass Tort Defense: Pharmaceuticals and Medical Devices

Legal 500 US

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