Gary has over 30 years of experience trying cases in state and federal trial and appellate courts in the areas of product liability, personal injury, commercial tort, toxic tort, hazardous waste, and insurance. He also counsels in products liability safety, prevention, risk management and regulatory compliance, and practices before the Consumer Products Safety Commission. Gary has been the lead counsel in over 50 trials in product liability, tort liability, complex litigation, and health care law. Gary is a partner in the Richmond, Virginia office of Troutman Sanders and is a member and former Chair of the firm's Product Liability Practice Group.
Gary handles complex litigation involving wrongful death, catastrophic bodily injury, and large commercial property damage and insurance coverage claims.
Honors and Other Distinctions
Named as the "Richmond Product Liability Litigator of the Year" by Best Lawyers (2011).
Recognized in The Best Lawyers in America for Product Liability Litigation, Ethics and Professional Responsibility Law and Legal Malpractice Law (2007-2012).
Selected by Law & Politics as a Virginia Super Lawyer in Class Action/Mass Torts (2008-2011).
Achieved Martindale-Hubbell's highest rating for legal ability and ethical standards.
Listed in The Legal 500, Litigation, Volume 3 (2007).
Listed as Leading Practitioner in Guide to the World’s Leading Product Liability Lawyers.
Representative Experience
On national counsel management team for antibiotic mass tort product liability litigation pending in federal and state courts in various jurisdictions around the country.
Lead Virginia trial counsel in following mass tort litigation: diet pill, PPA and HRT for Wyeth defending MDL and state court cases; Baycol for Bayer Corporation defending MDL and state court cases; hip replacement for The Sulzer Companies involving state cases; pedicle screw for Danek Medical Systems, Inc. where several summary judgments were obtained, and affirmed on appeal to the 4th Circuit U.S. Court of Appeals; Propulsid and latex glove for Johnson & Johnson involving MDL and state cases; HIV-tainted blood for Aventis Pharmaceuticals involving MDL cases; medical devices for Medtronic, Inc. involving Virginia state and federal courts.
Managing counsel for a major appliance manufacturer in nationwide coffee maker litigation involving hundreds of claims and suits, an international recall of 400,000 coffee makers, third party claims against component part manufacturers and insurance coverage disputes.
Lead Counsel in twelve Fourth Circuit appeals (five were products liability cases, all of which were successful) and in several Virginia Supreme Court appeals (most of these federal and state appellate decisions are published).
Lead trial counsel for Corometrics Medical Systems, Inc. in multimillion dollar catastrophic brain injury case involving an alleged defective fetal heart monitor. Summary judgment was obtained on the issue of causation, which was affirmed on appeal.
Lead trial counsel for E.I. duPont DeNemours and Company in a toxic tort suit in which plaintiff claimed blindness from exposure to lacquer thinner. On a statute of limitations defense, the actionable exposure claim was limited to one day and subsequently summary judgment was obtained for lack of causation.
Lead counsel for Heathometer (Mr. Coffee) before the CPSC, which had made a preliminary finding that over 125,000 iced tea makers were sold that presented a fatal shock hazard requiring a product recall. After several hearings before the CPSC, and drafting a detailed position paper, we convinced the CPSC to reverse its position and drop the request for a recall.
Personal counsel for Brenco Incorporated and Rail Link, Inc., which were sued in Texas for $60 million by plaintiff, who lost both legs and a hand in a railroad accident. The carriers disputed coverage and denied Brenco a defense. We persuaded Brenco's carrier to cover the defense costs. In an 18-hour mediation, we convinced plaintiff to reduce his demand from $10 million to $4.5 million, within the combined policy limits. We ultimately convinced the carriers to pay the settlement without recourse notwithstanding the disputed coverage. The money saved by Brenco in covered defense costs for the underlying action exceeded our fees for the representation.
Lead trial counsel for Argonaut Insurance Company in declaratory judgment action defending against insured's coverage action for multi-million dollar CERCLA required hazardous waste site cleanup. After obtaining summary judgment for Argonaut on the theory that the cleanup costs were not "damages" under the policy, we negotiated a policy buy-back for the insured's remaining creosote plants along the East Coast.
Counsel to manufacturers and distributors of consumer products, industrial machines and controls, recreational products, and office furniture in products liability litigation in state and federal courts.
Counsel to Fortune 300 insurance and financial services company in defense of $11 million indemnification claim stemming from sale of insurance subsidiary.
Obtained summary judgment in insurance coverage subrogation dispute stemming from catastrophic failure of refrigerated warehouse and related property damage. St. Pauls Travelers v. Ace American Ins. Co., Richmond Cir. Ct. No. CL04-1001 (2006).
Counsel to insurance companies and their insureds in coverage and subrogation disputes in connection with fires, failures of environmental control systems and other catastrophic failures resulting in substantial industrial damage.
Counsel to an international pharmaceutical company in defense of national class action lawsuits alleging RICO and various state law claims allegedly arising from the pharmaceutical company's marketing and promotion of one of its prescription drugs.
Presentations and Speaking Engagements
Co-author of Treatise, Virginia Law of Products Liability, (2d. ed. West 2011).
Presently authoring Virginia Law Sections on two additional Pharmaceutical and Biologicals Subcommittee, Fifty State Surveys on Medical Monitoring Claims and FDCA based negligence Per Se Claims.
Presenter, ACI Trial of a Medical Device Product Liability Case, Seminar 2007 and 2008.
Co-author, Timberlake, Brent M., "Product Liability Law," 2005 University of Richmond Law Review Vol. 40, No. 1.
Co-author, Carr, Dabney J., "Runaway Jury Verdicts in Pharmaceutical Device Cases: A Message Worth Listening To," Pharmaceutical & Medical Device Law Bulletin (Law Journal Newsletters), February 2002, Vol. 2. No. 2.
Moderator, “Managing U.S. Products Litigation Involving Foreign or International Manufacturer,” ABA Litigation Section, 2002.
Program Co-Chair, "Lessons Learned: Real Mass Torts Litigation," ABA Litigation Section, 1999.
"Unconventional Product Liability Claims," Virginia Association of Defense Attorneys.
Richmond Bar CLE (Products Liability Prevention).
ABA, Tort & Insurance Section (Trial Techniques).
Virginia Bar Association (Tort Reform, Selecting and Qualifying Expert Witnesses, 1990).
Editor and contributor to ABA Pharmaceutical & Medical Device Subcommittee State-By-State Legal Survey Publications.
"Closing the Floodgates on Fear of AIDS Claims," For the Defense Magazine.
"Depositions in Summary Judgment: The Defendant's View," Virginia Bar Association Journal.
"Private Discrimination Actions Filed in Federal Court: Nonsubstantive Matters Affecting Liability and Relief," (co-author of Law Review article).
Public Service
U.S. Air Force Reserves, 1967-1973
Former Commodore, Virginia Power Boat Association
Director, Chesterfield County/Colonial Heights Crime Solvers, 1998-present
Past Hearing Officer, Virginia Department of Commerce, 1978-1987
Past Mediator for Richmond Circuit Court Dispute Resolution Program
Past Arbitrator and Mediator for American Arbitration Association