Konrad F. Payne
Associate

Mr. Payne focuses his practice on the defense of pharmaceutical, nutraceutical and medical device product liability actions in federal and state courts throughout the United States. He practice regularly involves litigating matters in consolidated federal multidistrict litigations, or state court coordinated proceedings. Mr. Payne also handles premises liability and general negligence cases as well as commercial litigation matters. He has experience in all phases of litigation.

Mr. Payne's practice requires him to be versed in multiple medical/scientific disciplines, and he has worked with experts in fields such as cardiology, neurology, neuropsychology, and pharmacology.

Mr. Payne has previously served as Litigation Counsel in the Office of General Counsel for Deloitte & Touche LLP, and as an Assistant District Attorney in the Bronx County District Attorney's Office where he handled trial and appellate matters. He also has experience in commercial real estate financing transactions.

Representative cases include:

• Ransom v. Neumann, et al. (New York State Supreme Court, Kings County; 2005): Represented American Honda Finance Corporation and Honda Lease Trust in personal injury action stemming from an automobile accident. Drafted pre-answer motion to dismiss vicarious liability claims against Honda leasing entities on grounds that such claims are preempted by federal law. After service and filing of the motion, obtained pre-answer voluntary dismissal of all claims agianst the Honda entities.
• Edwards v. Metabolife International, Inc., et al. (U.S. District Court, Southern District of New York; 1:04-CV-04624) (MDL 1598): Nutraceutical product liability action transferred to the In Re Ephedra Products Liability Multidistrict Litigation wherein it was alleged that plaintiff suffered a stroke secondary to the ingestion of a dietary supplement. Obtained summary judgment and dismissal for dietary supplement manufacturer defendant on statue of limitations grounds.
• Andrew Wax, et al., v. Aventis Pasteur Inc., et al., 240 F. Supp. 2d 191 (U.S. District Court, Southern District of New York; 2002): Pharmaceutical product liability action wherein it was alleged that infant plaintiff developed autism and suffered cognitive injuries as the result of being administered childhood vaccines contained the preservative thimerosal. Co-authored successful motion to dismiss on behalf of thimerosal manufacturer on grounds that plaintiff's claims were barred by the Federal Vaccine Act. See generally 42 U.S.C. § 300aa-11.