Pamela L. Ferrell

Pamela L.

Ferrell

Overview

Pamela is a member of our Pharmaceutical & Medical Device Group and Products, Catastrophic and Industrial Litigation Group. She focuses her practice on Product Liability, Pharmaceutical & Medical Device, Insurance, and Commercial Litigation. She has represented clients in state and federal court on a broad range of complex civil litigation, including medical device and product liability litigation, commercial litigation, extra-contractual litigation, premises liability, personal injury, and insurance coverage. She has experience in all phases of complex litigation, including trials, in both state and federal court. She has been recognized by Best Lawyers in America® on its list of Ones to Watch for Commercial Litigation, Insurance Law and Product Liability Litigation – Defendants and Super Lawyers® Georgia Rising Stars.

About

Pamela’s experience includes all phases of complex litigation, including trials, in both state and federal court.

Pamela served on the trial team that obtained a complete defense victory after a 10-day jury trial in September 2022. Freeman v. Ethicon Inc., Case No. 2:20-cv-10661-CBM-SKA, U.S.D.C. (C.D. Calif.).

Pamela served as counsel for a long-term care facility where she successfully argued a motion for partial summary judgment on Plaintiff’s claims against a long-term care facility for assault, battery, res ipsa loquitur, medical malpractice, corporate negligence, administrative and corporate medical malpractice, negligent retention, and punitive damages.  At trial, she argued countless pre-trial motions and was second chair on the trial team on the remaining claim. She handled multiple witnesses, including Defendant’s key medical expert. After the jury returned deadlocked, the case settled for a nominal sum before the second trial commenced.  Marks v. Maple LTC Group, LLC, Onslow County Superior Court (2018).

Pamela has served as counsel for a highway products manufacturer in litigation in Georgia. She obtained summary judgment in a product liability case on Plaintiff’s claims for defective design, defective manufacturing, and failure to warn based on 10-year statute of repose, no duty to warn of an unknown defect, no duty to warn the general public, and no duty to warn sophisticated users (GDOT). Thomas v. Trinity Industries, Inc., et al., United States District Court for the Northern District of Georgia (2020). She also served as counsel for a highway products manufacturer in a product liability lawsuit pending in Georgia and obtained summary judgment on Plaintiff’s claims for defective design, defective manufacturing, and failure to warn. Davis v. Trinity Industries, Inc., et al., Fulton County State Court (Georgia 2018).

She also has extensive experience serving as a member of the team defending Johnson & Johnson in the pelvic mesh litigation, and she is a member of the team defending the remand cases from the MDL. She handled innumerable depositions of plaintiffs, fact witnesses, treating physicians, and experts during the MDL. Since the MDL closed, she has acted as a state manager for cases pending across the country, is on the trial support team, investigated and analyzed individual claims, deposed many plaintiffs and experts, developed strategic discovery methods to help resolve claims and prepare cases for trial.

She is a member of the firm’s Pro Bono Committee where she engages in pro bono work for Atlanta Volunteer Lawyer’s Foundation as well as empowerHER, a nonprofit organization that mentors young women who have lost mothers. She also frequently authors blogs for Butler Snow’s Covid-19 and Product Lines Blogs.

Her experience also includes a brief secondment (2021-2022) for a Fortune 500 company to assist in the management of litigation pending across the country. She obtained her J.D., summa cum laude, from Elon University and B.A. from University of North Carolina in Wilmington. Following law school, she clerked with the Honorable Judge James L. Gale in North Carolina Business Court. She is admitted to practice in Georgia and North Carolina.

Experience

  • Pamela has represented clients in state and federal court on a broad range of complex civil litigation, including product liability litigation, commercial litigation, extra-contractual litigation, complex fire, explosion, and premises liability disputes, toxic torts, personal injury, insurance coverage and construction defect cases.  She has experience in all phases of complex litigation, including trials, in both state and federal court.
  • Representative Cases
    • Pamela served on the trial team that obtained a complete defense victory after a 10-day jury trial in September 2022. Freeman v. Ethicon Inc., Case No. 2:20-cv-10661-CBM-SKA, U.S.D.C. (C.D. Calif.).
    • Obtained dismissal of case at summary judgment for highway products manufacturer on Plaintiff’s claims for defective design, defective manufacturing, and failure to warn based on 10-year statute of repose, no duty to warn of an unknown defect, no duty to warn the general public, and no duty to warn sophisticated users (GDOT). Thomas v. Trinity Industries, Inc., et al., United States District Court for the Northern District of Georgia (2020).
    • Defended pharmaceutical and medical device manufacturer in multidistrict litigation related to pelvic mesh. (2019-Present).
    • The North Carolina Court of Appeals affirmed dismissal of lawsuit on a motion to dismiss by taking judicial notice of evidence that defeated the plaintiff’s claims. Brinkley v. Britthaven, Inc., No. COA18-400 (N.C. Ct. App. Mar. 19, 2019).
    • Obtained summary judgment for highway products manufacturer on Plaintiff’s claims for defective design, defective manufacturing and failure to warn. Davis v. Trinity Industries, Inc., et al., Fulton County State Court (Georgia 2018).
    • Successfully argued a motion for partial summary judgment on Plaintiff’s claims against an insurance company for bad faith and unfair and deceptive trade practices.  McAdoo v. State Farm Mutual Automobile Insurance Company, Wake County Superior Court (2018).
    • Successfully argued a motion for partial summary judgment on Plaintiff’s claims against a long-term care facility for assault, battery, res ipsa loquitur, medical malpractice, corporate negligence, administrative and corporate medical malpractice, negligent retention, and punitive damages.  Defended the long-term care facility in a month-long trial on the remaining negligence claim.  Marks v. Maple LTC Group, LLC, Onslow County Superior Court (2018).
    • Obtained partial summary judgment on a case against an insurance company alleging claims for unfair claims settlement practices, unfair and deceptive trade practices, bad faith, and mental and emotional distress.  Majstorovic v. State Farm Fire and Casualty Company, United States District Court for the Eastern District of North Carolina (2018).
    • Defended a school system in a case asserting claims for negligence, alleged violations of 42 U.S.C. § 1983, and an alleged violation of the North Carolina Constitution art. I, § 19.  Plaintiff voluntarily dismissed the case following the motion to dismiss.  Abdolvand v. Cumberland County Schools, United States District Court for the Eastern District of North Carolina (2017).
    • Successfully argued a motion to dismiss Plaintiff’s claim for unfair and deceptive trade practices claim. Gomes v. Gallagher Bassett Services, Inc., New Hanover County Superior Court (2017).
    • Successfully defended a life insurance company in a breach of contract and unfair and deceptive trade practices case.  The court granted Defendant’s motion for judgment on the pleadings.  Davis v. State Farm Life Insurance Company, United States District Court for the Eastern District of North Carolina (2016).
    • Obtained summary judgment on a case against a property owner alleging violations of the Fair Housing Act, constructive eviction, and unfair and deceptive trade practices arising out of alleged mold remediation.  Plaintiff then appealed to the United States Court of Appeals for the Fourth Circuit, which affirmed the trial court’s decision. Armstrong v. Yopp Properties, LLC, United States District Court for the Eastern District of North Carolina (2015).
    • Defended an insurance company in a breach of contract, negligence and bad faith case. The court granted Defendant’s motion to dismiss the claims for negligence and bad faith.  Huang v. State Farm Fire and Casualty Company, United States District Court for the Eastern District of North Carolina (2015).
    • Successfully argued a motion for summary judgment on Plaintiff’s claims against an insurance company for breach of contract and unfair and deceptive trade practices.  Cortes v. State Farm Mutual Automobile Insurance Company, Rockingham County Superior Court (2015).
    • Successfully defended an insurance company in a breach of contract, bad faith, and unfair and deceptive trade practices case.  The court granted Defendant’s motion for judgment on the pleadings and dismissed the case.  Hughes v. State Farm Mutual Automobile Insurance Company, Wake County Superior Court (2014).

Distinctions

  • Super Lawyers®
    • Georgia Rising Star, Personal Injury – Products: Defense, 2022
  • Best Lawyers in America®
    • Ones to Watch, Commercial Litigation, 2021-2024
    • Ones to Watch, Insurance Law, 2021-2024
    • Ones to Watch, Product Liability Litigation – Defendants, 2021-2024
  • Clerk, Honorable Judge James L. Gale, North Carolina Business Court

Bar Admissions

  • North Carolina, 2012
  • Georgia, 2018
  • U.S. District Courts
    • Georgia: Northern, Middle, Southern
    • North Carolina: Eastern, Western, Middle
  • U.S. Court of Appeals
    • 11th Circuit
  • Georgia Supreme Court
    Georgia Court of Appeals

Education

  • Elon University, J.D., summa cum laude, 2012
    • Phi Kappa Phi Honor Society
    • Order of the Barristers
    • Moot Court Board, Leroy R. Hassell, Sr. National Constitutional Law Moot Court Competition: Best Brief, Top 5 Oralist
    • Research Triangle Area Corporate Counsel Scholarship Recipient
  • University of North Carolina in Wilmington, B.A., Political Science, 2009
    • James E.L. Wade Scholarship Recipient
    • Pi Sigma Alpha

Associations

  • International Association of Defense Counsel (IADC)
  • Georgia Defense Lawyers Association
  • Defense Research Institute (DRI)

Civic Involvement

  • Atlanta Volunteer Lawyers Foundation, Volunteer
  • empowerHER, Volunteer

Pamela L.

Ferrell

Overview

Pamela is a member of our Pharmaceutical & Medical Device Group and Products, Catastrophic and Industrial Litigation Group. She focuses her practice on Product Liability, Pharmaceutical & Medical Device, Insurance, and Commercial Litigation. She has represented clients in state and federal court on a broad range of complex civil litigation, including medical device and product liability litigation, commercial litigation, extra-contractual litigation, premises liability, personal injury, and insurance coverage. She has experience in all phases of complex litigation, including trials, in both state and federal court. She has been recognized by Best Lawyers in America® on its list of Ones to Watch for Commercial Litigation, Insurance Law and Product Liability Litigation – Defendants and Super Lawyers® Georgia Rising Stars.

About

Pamela’s experience includes all phases of complex litigation, including trials, in both state and federal court.

Pamela served on the trial team that obtained a complete defense victory after a 10-day jury trial in September 2022. Freeman v. Ethicon Inc., Case No. 2:20-cv-10661-CBM-SKA, U.S.D.C. (C.D. Calif.).

Pamela served as counsel for a long-term care facility where she successfully argued a motion for partial summary judgment on Plaintiff’s claims against a long-term care facility for assault, battery, res ipsa loquitur, medical malpractice, corporate negligence, administrative and corporate medical malpractice, negligent retention, and punitive damages.  At trial, she argued countless pre-trial motions and was second chair on the trial team on the remaining claim. She handled multiple witnesses, including Defendant’s key medical expert. After the jury returned deadlocked, the case settled for a nominal sum before the second trial commenced.  Marks v. Maple LTC Group, LLC, Onslow County Superior Court (2018).

Pamela has served as counsel for a highway products manufacturer in litigation in Georgia. She obtained summary judgment in a product liability case on Plaintiff’s claims for defective design, defective manufacturing, and failure to warn based on 10-year statute of repose, no duty to warn of an unknown defect, no duty to warn the general public, and no duty to warn sophisticated users (GDOT). Thomas v. Trinity Industries, Inc., et al., United States District Court for the Northern District of Georgia (2020). She also served as counsel for a highway products manufacturer in a product liability lawsuit pending in Georgia and obtained summary judgment on Plaintiff’s claims for defective design, defective manufacturing, and failure to warn. Davis v. Trinity Industries, Inc., et al., Fulton County State Court (Georgia 2018).

She also has extensive experience serving as a member of the team defending Johnson & Johnson in the pelvic mesh litigation, and she is a member of the team defending the remand cases from the MDL. She handled innumerable depositions of plaintiffs, fact witnesses, treating physicians, and experts during the MDL. Since the MDL closed, she has acted as a state manager for cases pending across the country, is on the trial support team, investigated and analyzed individual claims, deposed many plaintiffs and experts, developed strategic discovery methods to help resolve claims and prepare cases for trial.

She is a member of the firm’s Pro Bono Committee where she engages in pro bono work for Atlanta Volunteer Lawyer’s Foundation as well as empowerHER, a nonprofit organization that mentors young women who have lost mothers. She also frequently authors blogs for Butler Snow’s Covid-19 and Product Lines Blogs.

Her experience also includes a brief secondment (2021-2022) for a Fortune 500 company to assist in the management of litigation pending across the country. She obtained her J.D., summa cum laude, from Elon University and B.A. from University of North Carolina in Wilmington. Following law school, she clerked with the Honorable Judge James L. Gale in North Carolina Business Court. She is admitted to practice in Georgia and North Carolina.

Experience

  • Pamela has represented clients in state and federal court on a broad range of complex civil litigation, including product liability litigation, commercial litigation, extra-contractual litigation, complex fire, explosion, and premises liability disputes, toxic torts, personal injury, insurance coverage and construction defect cases.  She has experience in all phases of complex litigation, including trials, in both state and federal court.
  • Representative Cases
    • Pamela served on the trial team that obtained a complete defense victory after a 10-day jury trial in September 2022. Freeman v. Ethicon Inc., Case No. 2:20-cv-10661-CBM-SKA, U.S.D.C. (C.D. Calif.).
    • Obtained dismissal of case at summary judgment for highway products manufacturer on Plaintiff’s claims for defective design, defective manufacturing, and failure to warn based on 10-year statute of repose, no duty to warn of an unknown defect, no duty to warn the general public, and no duty to warn sophisticated users (GDOT). Thomas v. Trinity Industries, Inc., et al., United States District Court for the Northern District of Georgia (2020).
    • Defended pharmaceutical and medical device manufacturer in multidistrict litigation related to pelvic mesh. (2019-Present).
    • The North Carolina Court of Appeals affirmed dismissal of lawsuit on a motion to dismiss by taking judicial notice of evidence that defeated the plaintiff’s claims. Brinkley v. Britthaven, Inc., No. COA18-400 (N.C. Ct. App. Mar. 19, 2019).
    • Obtained summary judgment for highway products manufacturer on Plaintiff’s claims for defective design, defective manufacturing and failure to warn. Davis v. Trinity Industries, Inc., et al., Fulton County State Court (Georgia 2018).
    • Successfully argued a motion for partial summary judgment on Plaintiff’s claims against an insurance company for bad faith and unfair and deceptive trade practices.  McAdoo v. State Farm Mutual Automobile Insurance Company, Wake County Superior Court (2018).
    • Successfully argued a motion for partial summary judgment on Plaintiff’s claims against a long-term care facility for assault, battery, res ipsa loquitur, medical malpractice, corporate negligence, administrative and corporate medical malpractice, negligent retention, and punitive damages.  Defended the long-term care facility in a month-long trial on the remaining negligence claim.  Marks v. Maple LTC Group, LLC, Onslow County Superior Court (2018).
    • Obtained partial summary judgment on a case against an insurance company alleging claims for unfair claims settlement practices, unfair and deceptive trade practices, bad faith, and mental and emotional distress.  Majstorovic v. State Farm Fire and Casualty Company, United States District Court for the Eastern District of North Carolina (2018).
    • Defended a school system in a case asserting claims for negligence, alleged violations of 42 U.S.C. § 1983, and an alleged violation of the North Carolina Constitution art. I, § 19.  Plaintiff voluntarily dismissed the case following the motion to dismiss.  Abdolvand v. Cumberland County Schools, United States District Court for the Eastern District of North Carolina (2017).
    • Successfully argued a motion to dismiss Plaintiff’s claim for unfair and deceptive trade practices claim. Gomes v. Gallagher Bassett Services, Inc., New Hanover County Superior Court (2017).
    • Successfully defended a life insurance company in a breach of contract and unfair and deceptive trade practices case.  The court granted Defendant’s motion for judgment on the pleadings.  Davis v. State Farm Life Insurance Company, United States District Court for the Eastern District of North Carolina (2016).
    • Obtained summary judgment on a case against a property owner alleging violations of the Fair Housing Act, constructive eviction, and unfair and deceptive trade practices arising out of alleged mold remediation.  Plaintiff then appealed to the United States Court of Appeals for the Fourth Circuit, which affirmed the trial court’s decision. Armstrong v. Yopp Properties, LLC, United States District Court for the Eastern District of North Carolina (2015).
    • Defended an insurance company in a breach of contract, negligence and bad faith case. The court granted Defendant’s motion to dismiss the claims for negligence and bad faith.  Huang v. State Farm Fire and Casualty Company, United States District Court for the Eastern District of North Carolina (2015).
    • Successfully argued a motion for summary judgment on Plaintiff’s claims against an insurance company for breach of contract and unfair and deceptive trade practices.  Cortes v. State Farm Mutual Automobile Insurance Company, Rockingham County Superior Court (2015).
    • Successfully defended an insurance company in a breach of contract, bad faith, and unfair and deceptive trade practices case.  The court granted Defendant’s motion for judgment on the pleadings and dismissed the case.  Hughes v. State Farm Mutual Automobile Insurance Company, Wake County Superior Court (2014).

Distinctions

  • Super Lawyers®
    • Georgia Rising Star, Personal Injury – Products: Defense, 2022
  • Best Lawyers in America®
    • Ones to Watch, Commercial Litigation, 2021-2024
    • Ones to Watch, Insurance Law, 2021-2024
    • Ones to Watch, Product Liability Litigation – Defendants, 2021-2024
  • Clerk, Honorable Judge James L. Gale, North Carolina Business Court

Bar Admissions

  • North Carolina, 2012
  • Georgia, 2018
  • U.S. District Courts
    • Georgia: Northern, Middle, Southern
    • North Carolina: Eastern, Western, Middle
  • U.S. Court of Appeals
    • 11th Circuit
  • Georgia Supreme Court
    Georgia Court of Appeals

Education

  • Elon University, J.D., summa cum laude, 2012
    • Phi Kappa Phi Honor Society
    • Order of the Barristers
    • Moot Court Board, Leroy R. Hassell, Sr. National Constitutional Law Moot Court Competition: Best Brief, Top 5 Oralist
    • Research Triangle Area Corporate Counsel Scholarship Recipient
  • University of North Carolina in Wilmington, B.A., Political Science, 2009
    • James E.L. Wade Scholarship Recipient
    • Pi Sigma Alpha

Associations

  • International Association of Defense Counsel (IADC)
  • Georgia Defense Lawyers Association
  • Defense Research Institute (DRI)

Civic Involvement

  • Atlanta Volunteer Lawyers Foundation, Volunteer
  • empowerHER, Volunteer