Product Liability, Toxic Tort & Health Care Litigation
Kelly is a nationally-known litigator with two decades of experience who has successfully defended a variety of complex matters including product liability, class actions, toxic tort and health care litigation. She regularly serves as national and regional counsel in New York and New Jersey defending clients in multidistrict litigation (MDLs), class actions, state coordinated litigation and single plaintiff cases involving complex scientific, medical and regulatory issues. She has represented numerous pharmaceutical, medical device, food, nutritional supplement, agricultural and chemical manufacturers as well as health care and long term care organizations.
Leading the firm’s Medical & Life Science Industry Team has given Kelly a keen understanding of regulated industries, with significant experience in FDA and EPA regulated products. Representative clients include: manufacturers and distributors of brand-name and generic pharmaceuticals, medical devices, over-the-counter drugs, biologics, vaccines, dietary supplements, homeopathic products, cosmetics, food and beverages; as well as manufacturers of consumer products, hair dyes, pesticides, products containing per- and polyfluoroalkyl (PFAS), laboratory chemicals, industrial equipment and construction building materials. She also represents pharmacies and compound pharmacies.
Kelly also serves as leader of the firm’s Long Term Care sector and defends health care, skilled-nursing and assisted living companies in a variety of litigation matters. She has experience in many aspects of the long term care industry including class actions, trials, arbitration, investigations and regulatory responses.
Class Actions
Kelly has represented large corporations in high-stakes cases involving consumer protection laws, warranty claims and false advertising, many involving nutrition and health claims against FDA regulated companies. Kelly also has experience defending companies facing class actions who have been alleged of violating the Telephone Consumer Protection Act and other federal and state laws related to website content and accessibility.
General Litigation & Alternative Dispute Resolution
Kelly applies her vast litigation and negotiation skills to many other types of cases. She regularly handles general liability/negligence cases and business and commercial litigation, from simple breach of contract disputes to complex litigation involving extensively detailed agreements. She counsels clients on strategies to creatively, efficiently and effectivity resolve litigation and threatened litigation. Capitalizing on her background as a court-appointed arbitrator, Kelly has successfully settled thousands of cases – both informally and at mediation.