Nall & Miller, LLP is recognized as a national leader in the defense of claims involving products liability, toxic torts, warranty, and pharmaceutical/medical devices. As a testament to its experience, since 1995, Nall & Miller has served as National Product Counsel for the world’s largest home appliance manufacturer, managing its litigation nationwide.
By working closely with our clients’ engineers, as well as outside experts, our lawyers have become knowledgeable about technical issues relating to the design, testing, and manufacturing of products, as well as any necessary warnings. Our lawyers are active in national organizations such as the Product Liability Advisory Council (“PLAC”), Defense Research Institute (“DRI”), and the Sports and Fitness Industry Association. Whether Nall & Miller is serving as supervising or local counsel, it is well-positioned to address all our clients’ needs.
Classic Products Liability
Managing a range of matters from multi-state lawsuits involving minor property damage to individual catastrophic personal injury cases, Nall & Miller defends product manufacturers, distributors, and sellers, involving a wide range of products including home appliances, tires, gas heaters, nail guns, carpet shredders, pallet jacks, fork lifts, vinyl wall covering, fans, bicycles, and automobile parts. Whether such claims sound in strict liability or negligence, or concern warnings, Nall & Miller has the breadth of experience and knowledge to navigate the complex problems that arise in such cases.
Moreover, Nall & Miller provides advice to its clients in order to comply with regulations set by the Consumer Product Safety Commission and standards created by the various industry working groups. Nall & Miller has significant experience guiding clients through recalls and outreach related to new warnings for previously sold products.
As the 15th Century Alchemist Paracelsus observed, “all things are poison, and nothing is without poison; only the dose permits something not to be poisonous.” Therefore, toxic exposure claims raise their own set of unique issues involving medicine, chemistry, and the law. Cases handled by Nall & Miller involve chemicals and airborne toxins such as carbon monoxide, asbestos, benzene, isocyanates, lead, mercury, manganese, mold, polyurethanes, and silica. We understand the particular challenges posed by toxic torts, and the misuse of science by the opposition. Nall & Miller works with leading experts to establish a sound scientific foundation to defend our clients, looking closely at the general and specific causes of any exposure to a toxin. We also have a proven history of success with Daubert challenges to plaintiffs’ experts. Recently, Nall & Miller successfully persuaded a Federal Court in Texas to grant summary judgment after it excluded all of Plaintiffs’ experts in a carbon monoxide exposure case valued in the tens of millions.
Warranty Rights and Lemon Law
Nall & Miller is one of the leading authorities on Georgia’s Lemon Law, the Uniform Commercial Code, and the federal Magnuson-Moss Warranty Improvement Act. As such, we serve as Georgia counsel for a number of well recognized automobile and recreational vehicle manufacturers. Nall & Miller also handles claims involving utility vehicles, “fifth wheels,” and manufactured homes. In addition to the state and federal courts throughout the Southeast, we also represent such clients before state arbitration and Better Business Bureau panels. Nall & Miller also advises clients on legislative matters and complying with state lemon law and fair business practice statutes, as well as assisting in drafting warranty language for inclusion in vehicle owner’s manuals.
As pharmaceutical and medical device companies continue to market new products, issues arise concerning the side effects of certain drugs or complications from medical devices. Nall & Miller has experience defending product liability cases involving innovation, regulation, marketing, and compliance. We have served as Georgia counsel for several pharmaceutical companies involved in high-profile claims.