Ken also devotes considerable time to pro bono projects and was awarded the Lawyers’ Committee for Civil Rights’ Father Moriarty Award for his work on behalf of political asylum applicants as well as the Lawyers’ Committee’s “Living the Dream” award for his career-long support.

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More information about Ken:

Representative Cases

Mass Tort and Class Action Litigation

Selected Seminars & Professional Lectures

Selected Publications

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Mass Tort and Class Action Experience

 

• Appointed to serve as Plaintiffs’ Lead Counsel by California Superior Court Judge Mary E. Wiss in In re: DePuy Pinnacle Hip System Cases, JCCP 4662, San Francisco Superior Court.

• Appointed to serve on the Plaintiffs’ Steering Committee by U.S. District Judge Ed Kinkeade in In re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation, MDL N0. 2244, United States District Court, Northern District of Texas.  

• Appointed to serve on the Science Committee by U.S. District Judge David A. Katz in In re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation, MDL N0. 2197, United States District Court, Northern District of Ohio.

• Appointed to serve on the Plaintiffs’ Steering Committee by California Superior Court Judge Richard A. Kramer in In re: DePuy ASR Hip System Cases, JCCP 4649, San Francisco Superior Court

• Appointed to serve on the Claims Review Committee by U.S. District Judge Richard H. Kyle in In re: Medtronic, Inc., Sprint Fidelis Leads Products Liability Litigation, MDL N0. 1905, United States District Court, District of Minnesota.

• Appointed to serve on the Plaintiffs Steering Committee by U.S. District Judge Frederick J. Marton in In re: Zicam Cold Remedy Marketing, Sales Practices and Products Liability Litigation, MDL No. 2096, United States District Court, District of Arizona.

• Appointed as co-lead counsel by Hennepin County Minnesota District Court Judge Hon. Charles A. Porter, Jr., in In Re Medtronic, Inc. Implantable Defibrillators Product Liability Litigation, Minnesota Coordinated Proceedings, Case No. PI 05-015531.

• Appointed to serve on the Claims Review Committee by U.S. District Magistrate Judge Arthur J. Boylan in In Re Medtronic, Inc. Implantable Defibrillators Products Liability Litigation, MDL N0. 05-1726, United States District Court, District of Minnesota.

• Appointed to serve on the Common Benefit Attorney’s Fees Committee by U.S. District Magistrate Judge Arthur J. Boylan in In Re Medtronic, Inc. Implantable Defibrillators Products Liability Litigation, MDL N0. 05-1726, United States District Court, District of Minnesota.

• Appointed to serve on the Claims Review Committee by U.S. District Magistrate Judge Arthur J. Boylan in In Re Guidant Corp. Implantable Defibrillators Products Liability Litigation, MDL N0. 05-1708, United States District Court, District of Minnesota.

• Appointed as Class Counsel by Superior Court of California, County of San Francisco, in Anderson v. CitiApartments, Inc. a class action against a San Francisco’s largest residential landlord.

• Appointed as Class Counsel by Superior Court of California, County of Alameda, in a class action against a major HMO.

• Appointed as Class Counsel by Superior Court of California, County of Alameda, in In re Allied Education, vocational school fraud litigation.

• National Settlement Counsel for Chattem, Inc., a publicly-traded consumer products company, and successfully negotiated and implemented a national class action settlement involving hundreds of PPA cases valued at approximately $100 million. In re: Phenylpropanolamine (PPA) Products Liability Litigation, MDL No. 1407.

• National Litigation Counsel for Sulzer Orthopedics, Inc., a multi-national medical device company, in the defense of more than 4000 civil actions following a product recall, ultimately resolving in a successful national class action settlement valued at approximately $1 billion. In re Sulzer Hip Prosthesis & Knee Prosthesis Liab. Litig., MDL No. 1401.

 

Selected Seminars & Professional Lectures 

• Invited Speaker – “California Mass Tort and Class Action Litigation Conference: The Impact of Daimler and BMS-Plavix - San Francisco - October 28, 2016  

• Chairperson – MDL Conference: Zofran, Bard IVC and Zimmer Persona Knee Litigation July 29, 2015 Hotel Nikko San Francisco

• Invited Speaker – “Bet-the-Company' Mass Tort Litigation” – Chicago, IL – May 25, 2016

• Invited Speaker – “General Motors Ignition Switch Recall Litigation Conference” – Chicago, IL – May 28, 2014

• Invited Speaker – “Federal State Coordination - Coordination, Cooperation, Coercion” – Mass Tort Litigation Conference With Hon. Marina Corodemus – New York, NY – March 11, 2013

• Chairperson – “Hot Topics in MDL and Class Action Litigation” – San Diego, CA – March 28, 2012

• Invited Speaker – “11th Annual Class Action / Mass Tort Symposium,” Louisiana State Bar Association – New Orleans, LA – November 11, 2011

• Conference Co-Chair – “Zimmer NextGen Knee & DePuy Pinnacle Hip Implant Litigation Conference – San Francisco, CA June 24, 2011

• Chairperson – “DePuy Pinnacle Hip Implant Litigation Conference” – Louisville, KY – October 28-29, 2011

• Chairperson – “New Developments In Hip Implant Litigation,” – San Diego, CA – March 29, 2011

• Invited Speaker – “Civil Litigation Practice: 29th Annual Recent Developments” – Continuing Education of the Bar – San Francisco, CA – January 29, 2011

• Chairperson – “Johnson & Johnson DePuy Hip Implant Litigation Conference” – Durham, NC – November 17, 2010

• Invited Speaker – “Toyota Recall Litigation Conference” – Costa Mesa, CA – May 12, 2010

• April 17, 2009: “Compensatory and Punitive Damages in Personal Injury Claims,” National Business Institute  

• January 31, 2009: “Civil Litigation Practice: Recent Developments,” CEB (Continuing Education of the Bar), San Francisco, CA

• May 20-21, 2008: “Personal Injury Cases: Calculating and Proving Damages,” National Business Institute, Pasadena and Irvine, CA

• May 16, 2008: “Insurance Bad Faith Claims,” Lorman Education Services, San Francisco, CA

• January 12, 2008: “Civil Litigation Practice: Recent Developments,” CEB (Continuing Education of the Bar), San Francisco, CA

• May 15, 2007: “Insurance Bad Faith Claims,” Lorman Education Services, San Francisco, CA

• November 16, 2006: “Current Issues In Pharmaceutical Litigation: The Preemption Preamble,” ABA Section of Litigation, Products Liability Committee, Schering-Plough Corp., Kenilworth, New Jersey

• September 13, 2006: “Getting Expert Testimony Admitted Into Evidence,” National Business Institute, San Francisco, CA

• July 20, 2006: “Insurance Coverage Litigation,” National Business Institute, San Francisco, CA

• December 8, 2005: “Insurers’ Right To Reimbursement,” Lorman Education Services, San Francisco, CA

• September 22, 2005: “Class Action Litigation: The Class Action Fairness Act In California,” Lorman Education Services, Pasadena, CA

• June 30, 2005: “A Critical Update On The Class Action Fairness Act In California,” National Business Institute, San Francisco, CA

• June 14, 2005: “Class Action Settlement of Mass Tort Litigation: The Phenylpropanolamine (PPA) Model,” Lexis/Nexis Mealey’s Ephedra & PPA Litigation Conference, New Orleans, LA

• February 17, 2005: “Insurance Bad Faith Claims In California,” Lorman Education Services, San Francisco, CA

• February 9, 2005: “Punitive Damages After State Farm vs. Campbell,” Strafford Publications, San Francisco, CA

• December 1, 2004: “Using Multimedia At Trial,” National Business Institute, San Francisco, CA

• July 20, 2004: “Class Actions In California,” Lorman Education Services, San Francisco, CA

• February 26, 2004: “Litigating the Class Action Lawsuit in California,” National Business Institute, Los Angeles, CA

• December 9, 2003: “Damages In California Civil Trial Practice,” National Business Institute, Pasadena, CA

• November 6, 2003: “Settling Class Actions and Mass Tort Litigation,” The Product Liability Advisory Council, Orlando, FL

• November 4, 2003: “Litigating the Class Action Lawsuit in California,” National Business Institute, Anaheim, CA

• July 22, 2003: “Litigating the Class Action Lawsuit in California,” National Business Institute, Los Angeles, CA

• December 11, 2002: “Anatomy of a Bad Faith Claim In California,” Lorman Education Services, San Francisco, CA

• October 3, 2002: “Insurance Bad Faith Claims In California,” Lorman Education Services, Oakland, CA

• May 6, 2002: “Scientific and Expert Testimony at Trial,” National Business Institute, San Francisco, CA

• June 15, 2000: “Selecting a Jury: Effective Voir Dire Techniques,” ABA Section of Litigation, Torts and Insurance Practice Section, Monterey, CA

• May 16, 2000: “Litigating the Class Action Lawsuit in California,” National Business Institute, Pasadena, CA

• January 21, 2000: “Discovery Procedures and Developments,” CEB (Continuing Education of the Bar), Oakland, CA

 

Selected Publications

 

• “California Tort Guide,” CEB (Continuing Education of the Bar), 3rd Edition, (Update Author: 2010 – present)

• “California Tort Damages Guide,” CEB (Continuing Education of the Bar), 2nd Edition, (Update Author: 2011 – present)

• “California Tort Guide: Pharmaceutical and Medical Device Litigation,” (Author: Chapter 13) CEB (Continuing Education of the Bar), 3rd Edition.

• “Compensatory and Punitive Damages in Personal Injury Claims,” National Business Institute, April 2009

• “Preemption After Wyeth v. Levine,” CEB (Continuing Education of the Bar), March 2009

• “Personal Injury Cases: Calculating and Proving Damages,” National Business Institute, May 2008

• “Insurance Bad Faith Claims,” Lorman Education Services, May 2008

• “Federal Preemption After Riegel v. Medtronic,” CEB (Continuing Education of the Bar), April 2008 (with Brian Devine)

• “Insurance Bad Faith Claims,” Lorman Education Services, May 2007

• “Current Issues In Pharmaceutical Litigation: The Preemption Preamble,” ABA Section of Litigation, Products Liability Committee, November 2006

• “The Preemption Defense In Medical Device Product Liability Lawsuits,” CEB (Continuing Education of the Bar), October 2006 (with Brian Devine)

• “Getting Expert Testimony Admitted Into Evidence,” National Business Institute, Sept. 2006

• “Insurance Coverage Litigation,” National Business Institute, July 2006

• “Insurers’ Right To Reimbursement,” Lorman Education Services, December 2005

• “Class Action Litigation: The Class Action Fairness Act In California,” Lorman Education Services, September 2005

• “A Critical Update On The Class Action Fairness Act In California,” National Business Institute, June 2005

• “Class Action Settlement of Mass Tort Litigation: The Phenylpropanolamine (PPA) Model,” Lexis/Nexis Mealey’s Ephedra & PPA Litigation Conference, June 2005

• “Insurance Bad Faith Claims In California,” Lorman Education Services, February 2005

• “Punitive Damages After State Farm vs. Campbell,” Strafford Publications, February 2005

• “Using Multimedia At Trial,” National Business Institute, December 2004

• “Class Actions In California,” Lorman Education Services, July 2004

• “Litigating the Class Action Lawsuit in California,” National Business Institute, Feb. 2004

• “Damages In California Civil Trial Practice,” National Business Institute, December 2003

• “Settling Class Actions and Mass Tort Litigation,” The Product Liability Advisory Council, November 2003

• “Litigating the Class Action Lawsuit in California,” National Business Institute, Nov. 2003

• “Litigating the Class Action Lawsuit in California,” National Business Institute, July 2003

• “Anatomy of a Bad Faith Claim In California,” Lorman Education Services, December 2002

• “Insurance Bad Faith Claims In California,” Lorman Education Services, October 2002

• “Scientific and Expert Testimony at Trial,” National Business Institute, May 2002

• “Litigating the Class Action Lawsuit in California,” National Business Institute, May 2000

 

Representative Cases

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Andrews, et al. v. DePuy Orthopedics, Inc. (United States District Court, Northern District of Texas) – Ken was part of the trial team that won a $1.04 billion verdict on behalf of six plaintiffs who were injured by a defective DePuy/Johnson & Johnson Pinnacle metal-on-metal hip implant.  The trial in Dallas, Texas lasted eight weeks and ended with a $1.04 billion award to the six plaintiffs and their spouses.

 

Peterson, et al. v. DePuy Orthopedics, Inc. (United States District Court, Northern District of Texas) – Ken was part of the trial team that won a $502 million on behalf of five plaintiffs who were injured by a defective DePuy/Johnson & Johnson Pinnacle metal-on-metal hip implant. The trial in Dallas, Texas lasted eight weeks and ended with a $502 million award to the five plaintiffs and their spouses.

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In Re: DePuy Orthopedics ASR Hip Implant Products Liability Litigation (United States District Court, Northern District of Ohio) – Ken helped negotiate a $2.5 billion settlement of 8,000 cases involving a defective metal-on-metal hip implant. Judge David A. Katz appointed Ken to the Settlement Oversight Committee to help implement the settlement.

 

Kransky v. DePuy Orthopedics, Inc. (Los Angeles County Superior Court) – Ken was part of the trial team that won an $8.3 million verdict on behalf of Loren Kransky, a victim of DePuy’s defective ASR metal-on-metal hip implant. The trial in Los Angeles, California lasted six weeks and ended with an $8.3 million award to Mr. Kransky that was fully upheld on appeal.

 

Anderson, et al. v. CitiApartments, Inc., et al. (San Francisco Superior Court) – Ken was appointed Class Counsel in four separate lawsuits in which he represented hundreds of tenants whose security deposits were illegally withheld by San Francisco’s largest landlord. Ken secured settlements of $1 million on behalf of the Class Members. 

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In Re: DePuy Pinnacle Hip System Cases. (California Judicial Council Coordination Proceeding No. 4662) – Ken was appointed by Judge Mary E. Wiss as lead plaintiffs’ counsel for all the California cases coordinated in California Judicial Council Coordination Proceeding No. 4662.  

In Re: Zicam Cold Remedy Marketing, Sales Practices, and Products Liability Litigation (MDL 2096, United States District Court for the District of Arizona).   Ken was appointed by Federal Judge Fredrick J. Martone to the Plaintiffs’ Steering Committee.  Ken handled all aspects of the case, resulting in a multi-million dollar global settlement.