Paul J. (PJ) Cosgrove

Partner


P.J. represents medical device and pharmaceutical manufacturers in pattern litigation or mass torts (particularly “multidistrict litigation”), and in “one-off” product liability suits, serving as national coordinating and trial counsel in both large, complex matters, and individual cases. He has defended toxic and environmental exposure suits, and also defends individuals and companies in alleged class actions and complex business litigation, particularly with regard to claims of fiduciary breaches, consumer fraud, deceptive practices, and professional negligence.

P.J. has been a key member of trial teams in high-profile litigation, and actively manages all stages of pretrial proceedings. He has significant experience defending and examining corporate and expert witnesses in various fields, including industry specific standards of care, regulatory affairs, medical causation, surgical technique, materials science, toxicology, internal medicine, and economic losses. This experience extends beyond the deposition stage, where he designs and implements strategies to exclude (or limit) expert testimony through motions practice or evidentiary hearings pursuant to Daubert, Kemp, Havner/Robinson, and similar admissibility standards. P.J. has briefed and argued dispositive motions and appeals in state and federal trial and appellate courts throughout the country. In addition, he has conducted arbitrations and mediations dealing with a host of disputes.

P.J. is active in local and state bar associations, and frequently presents publicly and privately on product liability issues, recently covering such issues as the Biomaterials Access Assurance Act, supply chain liability, and other matters pertinent to defense of medical device and pharmaceutical firms (such as federal preemption). In March 2013, he spoke at HarrisMartin’s Mass Tort Litigation Conference on the topic of recent changes to the Federal Rules of Civil Procedure concerning disclosure requirements for non-retained treating physicians. He is currently participating in the The Sedona Conference® Working Group on Mass Torts and Punitive Damages.  To further his understanding of the issues facing his clients in the life sciences industry, P.J. has been a member of the Regulatory Affairs Professional Society since 2011, and he is active in BioOhio, a non-profit intended to build and accelerate the bioscience industry. P.J. was selected by his peers for inclusion in The Best Lawyers in America® in the Product Liability Litigation field, has been recognized as a “Future Star” by Benchmark Litigation, and has been named to the Ohio Super Lawyers Rising Stars list.

Education & Admissions

Education

  • The Ohio State University

    (B.A.)

  • Rutgers School of Law

    (J.D.)

  • Temple University Beasley School of Law

    (LL.M., Trial Advocacy)

Admissions

  • State of New Jersey
  • Commonwealth of Pennsylvania
  • State of Ohio
  • U.S. Supreme Court
  • U.S. Court of Appeals, First Circuit
  • U.S. Court of Appeals, Third Circuit
  • U.S. Court of Appeals, Sixth Circuit
  • U.S. District Court, New Jersey
  • U.S. District Court, Eastern District of Pennsylvania
  • U.S. District Court, Northern District of Ohio
  • U.S. District Court, Southern District of Ohio
  • U.S. District Court, Central District of Illinois
  • U.S. District Court, Northern District of Illinois
  • Numerous others on a Pro hac vice basis

Experience

REPRESENTATIVE EXPERIENCE

  • Defense of medical device (Class I-III, 510(k) and PMA) and pharmaceutical manufacturers (ANDA, NDA, and OTCs) in all phases of trial and appeal in product liability litigation, including multidistrict litigation and state-coordinated proceedings.
  • Defense of manufacturers and distributors in catastrophic and high severity claims, including natural gas pipeline explosions, substantial fire losses, and benzene exposure cases.
  • Extensive experience in complex commercial litigation, including D&O litigation involving claims of breach of fiduciary duty, breach of contract, fraud, conversion, bankruptcy trustee claims; employment claims and other complex contractual disputes.
  • Defense of miscellaneous professionals from a wide variety of claims, including third party administrators, accountants, graphic designers, third party debt collectors, title agents, realtors, attorneys, property preservation vendors, public adjusters, and financial services and other professional consultants.
  • Former Law Clerk to the Honorable Marina Corodemus, J.S.C., Law Division – Mass Tort and Environmental Section, New Jersey Superior Court, 1999-2000 Term.
  • Former Law Clerk for Office of Regional Counsel, U.S. EPA, Region 3, Philadelphia.

Publications & Presentations

Publications

  • “A Legislative Response to Shotgun Litigation,” For The Defense (February 2014)
  • “Tips from the Trenches: How to Avoid Getting Stuck with the Expert’s Bill,” News from the DRI Young Lawyers’ Committee, January 2005, Vol. 2, Issue 1

Presentations

  • “Personal Jurisdiction Issues in Mass Torts,” HB Litigation Conference Mass Torts Judicial Forum with Judge Corodemus and JAMS, New York City (April 2017)
  • “Preemption of Design-Defect and Warnings Claims in Pharmaceutical Cases: A Cheat Sheet for Recent Developments in the Lower Courts,” ACI 21st Annual Conference on Drug & Medical Device Litigation, New York City (December 2016)
  • “Putting Your Best Foot Forward: Pre-answer Motion and Case Management Strategies to Combat Desperate Legal Theories and Unusual Circumstances,” Panel Discussion, Medmarc Medical Device Seminar; Torrey Pines, California (June 2016)
  • “Successful Product Development in Commerce and In Court – How to Manage Your Legal Spend,” Association of Corporate Counsel, Southwest Ohio Chapter (September 2015)
  • “Strategies for Responding to Multi-Plaintiff Pattern Cases, ‘Mini-Mass Torts,’ and ‘Mass Actions,'” Medmarc Medical Device Seminar (June 2015)
  • “Life Sciences Product Recalls: Legal and Regulatory Implications,” Medmarc Webinar Series (August 2014)
  • “Cyber Security Risks for Medical Device Manufacturers Preparing for Possible FDA Regulations and the Changing Threat Landscape,” The Oswald Companies Focus Forward Webinar Series (July 2014)
  • “Hot Topics Update: the Biomaterials Access Assurance Act and Federal Preemption,”  Medmarc Medical Device Seminar (June 2013)
  • “Problematic Federal Issues:  FRCP 26(a)(2)(C) Requiring Additional Disclosures for Unretained Testifying Experts,” Harris Martin’s Mass Tort Litigation Conference (March 2013)
  • “Quality Agreements Deep Dive Session,” Moderator, Xavier University Global Outsourcing Conference (September 2012)
  • “Practical Risk Management and Case Studies of Litigation,” Xavier University Global Outsourcing Conference (October 2011)
  • “Litigation 103:  Discovery Practice,” Counsel on Litigation Management, Celina Insurance Group (October 2009)
  • “BioOhio Workshop: Emerging Issues for Emerging Companies,” BioOhio (July 2008)
  • “Shhh, That’s More Than I Needed to Know: Attorney Contacts with Treating Physicians,” Young Lawyers’ Breakout, Defense Research Institute Products Liability Seminar (February 2005)
  • “Tort Reform: Ohio, Massachusetts, and Rhode Island 2001-2004,” DRI Annual Meeting (October 2004)

Involvement

PROFESSIONAL AFFILIATIONS

  • American Bar Association
  • Ohio State Bar Association
  • New Jersey Bar Association
  • Defense Research Institute
  • International Association of Defense Counsel
  • Ohio Association of Civil Trial Attorneys
  • The Sedona Conference – Working Group on Mass Tort Punitive Damages
  • Counsel on Litigation Management (Member)
  • Regulatory Affairs Professional Society (Member)

Honors

HONORS

  • Defense Attorney of the Year, Medmarc Insurance Group (2015)
  • Named to The Best Lawyers in America, Product Liability Litigation – Defendants (2015-2019)
  • Named a “Future Star” by Benchmark Litigation (2019)
  • Named to the Ohio Super Lawyers list (2017-2019)
  • Named to the Ohio Super Lawyers Rising Stars list (2007; 2009-2013)
  • Cincinnati Academy of Leadership for Lawyers, CALL Class XIV (2009-2010)
  • Best Oralist – First Preliminary Round, 1999 National Environmental Law Moot Court Competition

CERTIFICATIONS

  • Certified by the State of New Jersey Judiciary as a Small Claims Mediator