Alyson serves as Practice Group Leader for our Pharmaceutical, Medical Device and Healthcare Group. Frequently called upon to assemble teams and manage both coordinated proceedings and individual plaintiff cases, Alyson represents pharmaceutical and medical device companies in product liability litigation across the country. She has “considerable MDL experience,” “continues to impress as the result of her aptitude at handling coordinated proceedings and individual plaintiff cases,” and is “attuned to understanding the underlying business implications.” The Legal 500 US Editorial (2021, 2022 and 2023). She is well-versed in MDL procedures, having represented major companies in high-profile MDL proceedings. Her recent experience includes serving as lead counsel successfully obtaining summary judgment in favor of a medical device manufacturer in the Middle District of Florida and serving as co-lead MDL counsel for a major pharmaceutical company in litigation consolidated in the Eastern District of New York. She has also served as MDL defense liaison counsel for another major pharmaceutical company in litigation consolidated in the Eastern District of Pennsylvania and lead counsel for national litigation in multiple jurisdictions across the country for a medical device company.
Overview
Alyson serves as Practice Group Leader for our Pharmaceutical, Medical Device and Healthcare Group. Frequently called upon to assemble teams and manage both coordinated proceedings and individual plaintiff cases, Alyson represents pharmaceutical and medical device companies in product liability litigation across the country. She has “considerable MDL experience,” “continues to impress as the result of her aptitude at handling coordinated proceedings and individual plaintiff cases,” and is “attuned to understanding the underlying business implications.” The Legal 500 US Editorial (2021, 2022 and 2023). She is well-versed in MDL procedures, having represented major companies in high-profile MDL proceedings. Her recent experience includes serving as lead counsel successfully obtaining summary judgment in favor of a medical device manufacturer in the Middle District of Florida and serving as co-lead MDL counsel for a major pharmaceutical company in litigation consolidated in the Eastern District of New York. She has also served as MDL defense liaison counsel for another major pharmaceutical company in litigation consolidated in the Eastern District of Pennsylvania and lead counsel for national litigation in multiple jurisdictions across the country for a medical device company.
Practice Areas
About
Adept at coordinating national and local teams of attorneys and non-attorney partners in order to successfully defend against mass torts, Alyson understands the big picture and business implications for her clients, in part due to a three year secundment with a major pharmaceutical company. Her experience involves overseeing and managing all aspects of mass tort litigation including MDL representation, management of bellwether selection, oversight of local counsel, oversight of all pleadings, defensive discovery, and expert development. In addition to her mass tort management capabilities, she has served on numerous trial teams, including Jackson v. McNeil Consumer Healthcare, Case No. ATL-L-880-13, Superior Court of New Jersey, Atlantic County, named one of CVN’s Top 2015 Defense Verdicts. Alyson also serves as discovery counsel in major pieces of pharmaceutical litigation.
In addition to being recognized by The Legal 500 US as Next Generation Partner, Alyson has been selected by Law360 as a Rising Star (2019), Lawdragon 500 (Pharmaceutical & Medical Device Litigation and Class Action Litigation), Mid-South Super Lawyers, Mid-South Super Lawyers Rising Stars, and Mississippi Business Journal’s Top 40 Under 40 (2014). In 2017, she was selected to PORTICO 10, a group of promising attorneys who have made significant accomplishments in their career. She is a member of the Mississippi Bar Leadership Class (2014) and a graduate of the prestigious International Association of Defense Counsel (IADC) Trial Academy.
Alyson obtained her J.D., cum laude, from the University of Tennessee and her B.A., cum laude, from the University of Mississippi. She is admitted to practice in Mississippi and Tennessee.
Experience
MDL and Mass Tort Management
- Coolsculpting® Litigation, (National Counsel), including Cates v. Zeltiq Aesthetics, Inc., Case No. 6:19-cv-1670-PGB-LRH, U.S.D.C. (M.D. Fla.) in which we obtained summary judgment, affirmed by the 11th Circuit, based on adequate labeling. “11th Circ. Freezes CoolSculpting User’s Product Liability Suit,” Law360, July 24, 2023
- In re: Propecia® (Finasteride) Product Liability Litigation, MDL No. 2331, E.D.N.Y. (Co-Lead Counsel).
- In re: Propecia® Litigation, Case No. 623, Superior Court of New Jersey Law Division: Middlesex County (Co-Lead Counsel).
- In re: Tylenol® (Acetaminophen) Marketing, Sales Practices and Products Liability Litigation, MDL No. 2436, E.D. P.a. (Defense Liaison Counsel).
Trial Team Support
- Jackson v. McNeil-PPC, Inc., and Johnson & Johnson, Inc., No. ATL-L-880-13, Superior Court of New Jersey, Atlantic County: Tried in September 2015 - defense verdict; obtained summary judgment dismissing punitive damages.
- Sessner v. Merck Sharp & Dohme Corp., Superior Court of New Jersey Law Division, Atlantic County: Second New Jersey bellwether product liability case involving prescription drug Fosamax®; defense verdict, 2012.
- Maley v. Merck Sharpe & Dohme Corp., No. 1:06-cv-04110-JFK, S.D.N.Y., 2010: Second bellwether MDL trial in the Fosamax® litigation.
- Boles v. Merck & Co., Inc., No. 1:06-cv-09455-JFK, USDC SDNY, 2009: First bellwether MDL trial in the Fosamax® litigation.
- Brierton Johnson v. Johnson & Johnson, et al., No. TC 018540 - Los Angeles Superior Court in Malibu, 2008: California trial involving first product liability case in connection with Children’s Motrin® and Stevens-Johnson syndrome.
- Kozic v. Merck & Co., Inc., No. 03-9248, Hillsborough County Circuit Court, Florida, 2007 (Vioxx® Litigation).
- Cona v. Merck & Co., Inc., No. ATL-L-3553-05-MT -- Superior Court of New Jersey Law Division: Atlantic County, New Jersey, 2006 (Vioxx® Litigation).
- McDarby v. Merck & Co., Inc., No. ATL-L-1296- 05-MT-- Superior Court of New Jersey Law Division: Atlantic County, New Jersey, 2006 (Vioxx® Litigation).
- Albright v. Merck & Co., Inc., No. CV-05-02316 -- Jefferson County Circuit Court, Alabama, 2006 (Vioxx® Litigation).
- Humeston v. Merck & Co., Inc., No. ATL-L-2272-03-MT -- Superior Court of New Jersey Law Division: Atlantic County, New Jersey, 2005 (Vioxx® Litigation).
Additional Experience
- Client Secundment, January 2010 – 2013
- Hunter v. Covin, et al., Forrest County – Second chair in three-day jury trial.
Distinctions
- The Legal 500 U.S.
- Next Generation Partner, 2018-2023
- Lawdragon, 500 Leading Lawyers in America, Pharmaceutical & Medical Device, Class Action, 2022, 2024
- Best Lawyers in America®
- Product Liability Litigation – Defendants, 2018-2024
- Law360
- 2017 PORTICO 10
- Graduate, International Association of Defense Counsel (IADC) Trial Academy, Stanford Law School
- Super Lawyers®
- Mid-South Super Lawyers, Personal Injury – Products: Defense, 2013-2020
- Mid-South Rising Stars, Personal Injury – Products: Defense, 2010-2012
- Top 40 Under 40, Mississippi Business Journal, 2014
- Mississippi Bar Leadership Class, 2014
- Life Sciences Star, LMG Life Sciences
- Who's Who Legal
- Thought Leaders - USA - Life Sciences - Product Liability, 2023
- Life Sciences - Product Liability, 2020-2022
Bar Admissions
- Mississippi, 2004
- Tennessee, 2004
- U.S. District Courts
- Mississippi: Northern, Southern
- Tennessee: Eastern, Middle, Western
Education
- University of Tennessee, J.D., cum laude, 2004
- Research Editor, Tennessee Law Review
- University of Mississippi, B.A., English and Spanish, cum laude, 2001
Associations
- Emory University Institute for Complex Litigation and Mass Claims
- Next Generation Emerging Leaders, Board of Directors, 2017
- American Bar Association
- Defense Research Institute (DRI)
- International Association of Defense Counsel (IADC)
- Capital Area Bar Association
- Hispanic National Bar Association
- Mississippi Bar Association
- Tennessee Bar Association
Papers, Presentations & Publications
- Speaker, "Steering Committee Appointment Process," Advanced Strategy Mass-Tort MDL Certificate Course, GW Certificate Course, February 24, 2022.
- Speaker, Emory University Institute for Complex Litigation and Mass Claims Rising Stars Conference, Atlanta, GA, January 2018.
- Co-Author, “Physician Depositions: Who Goes First?," Pro Te: Solutio, Vol. 10 No. 3 (2017).
- Author, “Off-Label Promotion: Is It Free Speech?” Pro Te: Solutio, Vol. 7, No. 4, December 2014.
- Author, "Document Preservation Notices and the Lists of Who Receive Them: Are They Discoverable?," Pro Te: Solutio, Vol. 5, No 4 (November 2012).
- Author, "Update on Tort Reform Caps: Are They Constitutional?" Pro Te: Solutio, Vol. 3 No. 3, 6-7 (August 2010).
- Author, "Mississippi Tort Reform Faces Judicial Nullification Effort," Legal Opinion Letter, Washington Legal Foundation, February 12, 2010.
- Co-Author, "To Catch A Thief," Defense Research Institute, Drug and Device Seminar.
- Author, "Case Law: Sales Representatives, Diversity Jurisdiction and Fraudulent Joinder: Where do the Courts Stand," Pro Te: Solutio, Vol. 2 No. 3, 13 (July 2009).
- Author, "Limiting Adverse Verdicts: Tort Reform in Mississippi," Pro Te: Solutio, Vol. 1 No. 4, 2-5 (October 2008).
- Author, "Navigating Through the Serious Implications of an FDA Warning Letter," Pro Te: Solutio, Vol. 1 No. 2, 12-17 (April 2008).
- Speaker, Mississippi Dental Society Annual Meeting.
Civic Involvement
- Friends of Children's Hospital, Board of Directors
- Century Club Charities, Board of Directors