Stephen B.
Devereaux

Representing international automobile manufacturer and U.S. subsidiary in five putative consumer class actions filed in New Jersey and Georgia alleging fraud, breach of warranty, and a violations of state consumer protection laws in connection with the sale of vehicles with allegedly defective HVAC systems, paint, sun roofs, and air bags.  

Representing U.S. subsidiary of international automobile manufacturer in case alleging violations of state consumer protection and RICO statutes. 

Representing an international consumer products manufacturer and its former healthcare division in putative class action, qui tam matters, government investigations, and a False Advertising case challenging the design, labeling and advertising of Class II medical devices.

Representing a flooring retailer in putative class action alleging that Chinese-manufactured flooring contained "excessive" levels of formaldehyde. Case settled on favorable terms in the face of pending motion to dismiss.

Representing a leading university in putative class action brought by former member of the football team alleging that the university failed to protect student athletes from concussion-related injuries.

Represented an international consumer product manufacturer in putative class actions challenging the labeling and advertising of FDA-regulated products under California’s consumer protection laws.

Represented a pharmaceutical company in action filed by Kentucky Attorney General seeking Medicaid-related costs and damages for the alleged public nuisance caused by the company's marketing and promotion of prescription pain medication.

Defeated two proposed consumer class actions claiming that international automobile manufacturer had defrauded Mercedes E-Class owners in California, Florida, Georgia, Texas, New Jersey, Illinois, and Virginia by failing to disclose alleged defects in their fuel systems. See McCabe v. Daimler AG, --F.Supp. 3d--, 2015 WL 10091635 (N.D. Ga. Aug. 20, 2015); Barinova v. Daimler AG, et al., 2:14-cv-07684 (D. N.J. April 21, 2015).

Defeated widely publicized preliminary injunction motion filed against international automobile manufacturer seeking to force the company to instruct millions of vehicle owners to “park” their vehicles as inherently unsafe to operate. Silvas v. General Motors, LLC, 2014 WL 1572590 (S.D. Tex. April 17, 2014).

Represented an international pharmaceutical company in multiple class actions filed by individual consumers and third-party beneficiaries in state and federal courts around the country challenging the labeling of a prescription antidepressant.

Obtained dismissal of five putative consumer class actions filed against maker of prescription pain medication.

Obtained dismissal of putative class action filed against maker of prescription antidepressant by governmental entities purporting represent unprecedented class of governmental third-party payors.

Represented defense contractors in putative class action alleging personal injury and property damages caused by steel forge and foundry operations. Obtained nuisance value settlement in wake of precedent- setting win in the Eleventh Circuit Court of Appeals relating to the Class Action Fairness Act.

Defeated class certification in putative nationwide class of pediatric patients claiming injuries allegedly caused by their use of prescription antidepressant. Blain v. SmithKline Beecham Corp., 240 F.R.D. 179 (E.D. Pa. 2007).

Defeated class certification in putative class brought in Kentucky state court seeking damages for injuries allegedly caused by prescription pain medication.

Obtained the dismissal (in a case of first impression) of the plaintiff's appeal of order granting summary judgment to a pharmaceutical company. Vanderwerf v. SmithKline Beecham Corp., 603 F.3d 842 (2010).

Defeated appeal to New Mexico Court of Appeals of order granting summary judgment and rejecting innovator liability theory against a prescription drug manufacturer.