Eric E. Hudson

Commercial Litigation Group

Memphis Office
Tel: (901) 680-7309
Email: eric.hudson@butlersnow.com

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Areas of Emphasis

Drug and Device Litigation
Complex Commercial Litigation
Toxic Torts and Environmental Law
Product Liability
Class Action, Mass Torts and Multidistrict Litigation (MDL)

Distinctions

AV-rated, Martindale-Hubbell
Top 40 Under 40, Memphis Business Journal, 2007
Outstanding Subcommittee Chair, Litigation Section, American Bar Association, 2008 and 2011
Tennessee Bar Association, Leadership Law 2010
Mid-South Super Lawyers®, Class Action/Mass Torts
Mid-South Rising Stars®, Personal Injury Defense: Products
Product Liability Advisory Council, Sustaining Member

Education & Honors

Vermont Law School, J.D., Head Notes Editor, Vermont Law Review, magna cum laude, 1998
Am Jur Awards, Civil Procedure, Intellectual Property, Appellate Advocacy

University of South Florida, M.A., Biology, 1995
Vanderbilt University, B.S., Biology, 1993

Associations

American Bar Association
- Litigation Section
  - Drug and Medical Device Subcommittee Co-Chair, Mass Torts Committee, 2010-11 Toxic Torts Subcommittee Co-Chair, Mass Torts Committee, 2008-10
Defense Research Institute (DRI)
- Drug and Medical Device Committee
Federal Bar Association
- Vice President, Board of Directors
Tennessee Bar Association
- Litigation Section
  - Executive Committee

Bar Admissions

Tennessee, 2003
U.S. District Courts
- Tennessee: Middle and Western Districts
- Vermont: District of Vermont
- Michigan: Eastern District
U.S. Court of Appeals
- 6th Circuit
Vermont, 1998 (inactive)
U.S. Supreme Court

Legal Experience

Lead Counsel in MDL proceedings in the U.S. District Court, Eastern District of New York on behalf of generic pharmaceutical manufacturer.
Lead Counsel for pharmaceutical manufacturer in mass tort cases filed in Las Vegas, Nevada alleging Hepatitis C infection. Obtained dismissals of more than 4,000 plaintiffs claims.
Defense of mass torts cases involving exposure to industrial chemicals in national venues including Madison County, Illinois and Wayne County, Michigan.
Summary judgment obtained for manufacturer of metalworking fluids in mass torts case involving over 200 plaintiffs with claims exceeding $100 Million in the U.S. District Court, Eastern District of Michigan.
After removal pursuant to the Class Action Fairness Act, successfully defeated remand efforts by plaintiffs in a putative class action seeking more than $50 billion for alleged identity theft, ultimately leading to outright dismissal.
Defense of product liability cases involving pharmaceuticals, industrial tools, motor vehicles, air bags, agricultural products and chemical products.
Prosecution and defense of cases involving claims for patent, copyright and trademark infringement.
Prosecution and defense of commercial cases involving business disputes, unfair competition, breach of contract and restrictive covenants.
Defense of environmental contamination cases involving CERCLA and contribution actions.

Papers, Presentations & Publications

Panel Member, "Devising Novel End-Game Strategies in Bet-the-Company Litigation," ACI’s National Advanced Forum on Managing and Resolving Mass Tort Products Liability Claims, New York, NY, October, 2010.
Panel Chair and Seminar Co-Chair, "Chemical Products and Toxic Torts: From Crisis to Mass Litigation – Starting Smart and Finishing Strong," Houston, TX, October, 2010.
"Comment C on Toxic Torts in the Restatements Third", ABA Section of Litigation, Mass Torts Newsletter, Summer 2010.
Seminar Co-Chair, "Chemical Products and Toxic Torts: New Developments, Significant Trends and a View into the Future." ABA Section of Litigation, Products Liability and Mass Torts Committees, Exxon Mobil Corporation, Houston, TX, September, 2009.
"Securities Actions and the CAFA Conundrum," Securities Law360, May 2009.
"The Potential REACH of European Union Chemical Regulations into U.S. Courts," ABA Section of Litigation, Mass Torts Newsletter, Winter, 2008.
"Consolidation: Tempering the Temptation for Judicial Economy,' ABA Section of Litigation, Trial Practice Journal, Fall 2008, Vol. 22, No. 3.
"Beyond the HazCom Standard in Failure to Warn Claims", Defense Research Institute, For the Defense, April 2007.
"Bellwether Plaintiffs Overview, Strategy and Implications," ABA Section of Litigation, Mass Torts Newsletter, Winter 2007.
"Damages and Burden Shifting in Trademark and Copyright Cases in Defending Intellectual Property Cases," Defense Research Institute, 2006.
"Joint Defense Agreements - Practical and Ethical Considerations," Defense Research Institute, For the Defense, February 2007.
Regular columnist for DRI's "Daubert On-line," an electronic newsletter providing updates on the law applicable to expert witnesses.
Panel Chair, Class Action Certification, ABA Section of Litigation, Chemical Products Subcommittee Meeting, Wilmington, Delaware, 2008.
"Mass Torts: Looking Back But Heading Forward," ABA Section of Litigation, Mass Torts, Product Liability and Environmental Litigation Joint Meeting, Aspen, Colorado, 2008.
"Developments in Mass Torts Law," ABA Section of Litigation, Mid-year meeting, San Antonio, Texas, 2007.
"Civility and Professionalism in a Young Lawyer's Practice," Defense Research Institute, Annual Meeting, Washington, D.C., 2007.
"Products Liability," CLE, Memphis Bar Association, 2006.
"Civility and Professionalism," CLE, Memphis Bar Association, 2007.
"Defeating Class Certification in Complex Commercial Litigation," Pro Te: Solutio, Vol. 2 No. 4, 14-19 (October 2009).
"Generic Preemption after Levine," Pro Te: Solutio, Vol. 3 No. 4, 6-9 (October 2010).