Paul J. (P.J.) Cosgrove Partner, Ulmer & Berne LLP
P.J. Cosgrove

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 recently selected by his peers for inclusion in Best Lawyers in America® in the Product Liability Litigation field and has been recognized as an Ohio Super Lawyers Rising Star.

Experience:

  • Defense of medical device (Class I-III, 510(k) and PMA) and pharmaceutical manufacturers (ANDA, NDA, and OTCs) in all phases of 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.
  • 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.
  • Extensive experience in commercial litigation, including D&O litigation, employment disputes, and other complex contractual disputes.
  • 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.

Presentations:

  • “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)

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

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 & Distinctions: 

  • Defense Attorney of the Year, Medmarc Insurance Group (2015)
  • Named to Best Lawyers in America®, Product Liability Litigation – Defendants (2015)
  • Named to the Ohio Super Lawyers Rising Starslist (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

Admissions:

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

Practices/Industries:

  • Pharmaceutical, Medical Device & Mass Tort Litigation
  • Complex Business Litigation
  • Product Liability
  • Class Actions

Education:

  • The Ohio State University (B.A., 1995)
  • Rutgers School of Law (J.D., 1999)
  • Temple University Beasley School of Law (LL.M., Trial Advocacy, 2003)

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