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Kelly Jones Howell

Member

khowell@harrisbeachmurtha.com
D: (212) 912-3652  
- Newark, NJ Office
- New York, NY Office
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Partner Kelly Jones Howell
Profile
Representative Matters
Resources
Distinctions

Product Liability, Toxic Tort & Health Care Litigation

Kelly is the Leader of the Medical & Life Sciences Practice Group, and a nationally known litigator, with two decades of experience defending a variety of complex matters including: product liability, class actions, toxic tort, general liability and health care litigation. She regularly serves as national and regional counsel in New York and New Jersey defending clients in multidistrict litigation (MDLs), class actions, state-coordinated litigation and single plaintiff cases involving complex scientific, medical and regulatory issues. She has represented numerous pharmaceutical, medical device, agricultural and chemical manufacturers as well as health care and long term care organizations.

Kelly has a keen understanding of regulated industries, with significant experience in FDA and EPA regulated products. Representative clients include: manufacturers and distributors of brand-name and generic pharmaceuticals, medical devices, over-the-counter drugs, biologics, vaccines, dietary supplements, homeopathic products, cosmetics, food and beverages; as well as manufacturers of consumer products, hair dyes, pesticides, products containing per- and polyfluoroalkyl (PFAS),  chemicals, industrial equipment and construction/building materials.

As leader of the firm’s Long Term Care sector, Kelly defends health care, senior housing, assisted living and skilled-nursing companies in a variety of litigation and regulatory matters. She has experience in many aspects of the long term care industry including class actions, trials, arbitration, investigations, and regulatory responses. Kelly represents some of the largest senior living and long term care owners/operators in North America.

Class Actions

Kelly has represented large corporations in high-stakes cases involving consumer protection laws, warranty claims and false advertising, many involving nutrition and health claims against FDA-regulated companies and the long term care industry.  Kelly also has experience defending companies facing class actions who have been alleged of violating The Americans with Disabilities Act (ADA) and other federal and state laws related to website content and accessibility.

General Litigation

Kelly applies her vast litigation and negotiation skills to many other types of cases. She regularly handles general liability/negligence cases and business and commercial litigation, from simple breach of contract disputes to complex litigation involving extensively detailed agreements. She regularly represents developers, property owners/lessors, co-op / condo boards, management companies and contractors against claims of negligence, breach of contract and warranty, contribution and indemnity in multi-million dollar water intrusion, toxic mold personal injury and property damage matters alleging pecuniary losses and remediation costs.

Additionally, Kelly has experience defending construction accident matters on behalf of contractors and owners in which it is alleged that construction workers have been injured due to violations of Sections 200, 240 and 241 of the Labor Law of New York.

She counsels clients on strategies to creatively, efficiently and effectively resolve litigation and threatened litigation. Capitalizing on her background as a court-appointed arbitrator, Kelly has successfully settled thousands of cases – both informally and at mediation.

  • Serving as liaison counsel in New Jersey coordinated Multi-County Litigation (MCL) and federal Multi-District Litigation (MDL) proceedings for the defense of brand-name and generic pharmaceutical manufacturers involving combination birth control products, biologics, and drugs for treatment of cancer, gastroesophageal reflux, heart-related diseases and osteoporosis, as well as for medical device manufacturers involving endovascular, cosmetic and orthopedic products.
  • Coordinating and overseeing discovery process as counsel for two pharmaceutical manufacturers in MDL with coordinated proceedings in New Jersey, California and Philadelphia related to the nationwide recall of a heart medication.
  • Briefing dispositive motions in state and federal appellate and trial courts which helped obtain dismissal of cases involving pharmaceuticals, medical devices, cosmetics, biologics, dietary supplements, food and pesticides on the basis of federal preemption.
  • Obtaining summary judgment, affirmed by New York’s Court of Appeals, on behalf of endovascular medical device manufacturer in product liability case brought on behalf of a severely brain-damaged plaintiff, holding expert witness affidavits in opposition were speculative and conclusory based on failure to disclose the experimental data and test conditions used to generate their opinions.
  • Obtaining dismissals of novel “fear of injury” claims resulting from implants of inappropriately harvested human tissue donations, and for “negligent sale” claims against medical device manufacturers of spinal implants in New Jersey Superior Court.
  • Obtaining dismissals of claims of cancer and multiple chemical sensitivities related to the use of cosmetics and hair dye using epidemiology and expert disciplines of toxicology, oncology and industrial hygiene for one of the world’s largest beauty companies.
  • Defending cosmetics, food and dietary supplement manufacturers in consumer class actions alleging the presence of PFAS and other contaminants in products.
  • Obtaining dismissal on behalf of McDonalds fast-food franchise in class action litigation involving claims that false advertising and deceptive trade practices caused plaintiffs to ingest excessive amount of fast-food.
  • Winning dismissal of a consumer class action involving allegations of falsely advertised hair dye products on behalf of a personal care products manufacturer.
  • Successful transfer of venue and dismissal for putative class action alleging misleading labeling of ingredients on behalf of a nutritional life science company.
  • Negotiated nationwide settlement class for a consumer class-action in New York and California federal courts involving claims under various state consumer protection laws against manufacturers of weight-loss nutritional supplements and celebrity spokespersons.
  • Defeating class certification on behalf of a pharmaceutical company related to diet drugs.
  • Overseeing class actions, tort and CERCLA cost recovery matters pertaining to Superfund sites associated with alleged PFAS contamination in ground water.
  • Defending and effectuating global settlement of personal injury claims in consolidated In Re: World Trade Center (WTC) Lower Manhattan Disaster Site Litigation, on behalf of building owners and property developers.
  • Successfully defending luxury co-ops and condos in general negligence matters.
  • Successful dismissal of Labor Law claims against employer in workplace accident.
  • Defending Senior / Assisted Living and Skilled Nursing Facilities in all aspects of defense litigation and investigations involving allegations such as class actions, abuse and neglect, inadequate supervision/hiring, medication errors, elopement, N.Y. PHL § 2801-d, as well as in arbitration, commercial actions, involuntary discharges and other regulatory disputes.
Insights
October 2, 2026

Federal Court Reinforces FDA Preemption for OTC Drug Claims

The case sets an important boundary: state law cannot act as a second regulatory process to impose warnings and limits the FDA didn’t adopt.
July 24, 2026

Appellate Court Revives Acetaminophen-Autism Cases Without Deciding the Merits of Plaintiffs’ Causation Theory

The ruling expands litigation exposure and creates incentives for en banc rehearing and/or a petition for certiorari to the Supreme Court.
July 6, 2026

Federal Court Rejects Industry-Wide Liability Theory in Ultra-Processed Food Lawsuit

Failure to prove causation led to the dismissal. Nevertheless, legal and reputational risks from UPFs remain for food and beverage companies
July 2, 2026

Supreme Court’s Roundup Decision Strengthens Preemption Defenses for FDA-Regulated Products

While this is a major victory for Monsanto, it should also be viewed as a win for medical device and over-the counter drug manufacturers.
June 22, 2026

New Jersey Supreme Court Reinforces Expert Gatekeeping 

The decision offers a valuable blueprint for defense attorneys facing expert testimony in New Jersey product liability cases.
June 17, 2026

NY Court of Appeals Clarifies What Sustains Labor Law § 241(6) Claim

NY Court of Appeals resolves split; determines language in § 23-4.2(k) contains “broad” safety concerns, doesn’t sustain Labor Law § 241(6).
March 4, 2026

Insurance Company Alleges Fraud Scheme with Staged Accidents and Litigation‑Driven Medicine

The complaint provides a roadmap for defense, underscoring the importance of early pattern recognition and careful medical record scrutiny.
March 4, 2026

Amendment to the AVOID Act and Third-Party Litigation Practice

The amendment requires defendants to commence any third-party action within 90 days of serving its answer without an order of the court.
News
August 20, 2026

123 Harris Beach Murtha Lawyers Recognized as 2027 Best Lawyers® Award Recipients; 10 Earn “Lawyer of the Year” Recognition

Best Lawyers honorees are selected through a peer-review process evaluating professional excellence within specific practice areas and geogr
July 22, 2026

amNY Law Publishes Attorney’s Opinion on SCOTUS Roundup Decision

Partner Kelly Jones Howell’s believes the decision strengthens preemption defenses for FDA-regulated products.
June 30, 2026

Harris Beach Murtha Year in Review Articles Featured in For The Defense Magazine

DRI, an organization of defense attorneys, publishes a monthly magazine about key developments and trends in law and civil litigation.
January 8, 2026

Harris Beach Murtha Case Recognized as a Top Decision of 2025

This is the second time the drug and device product liability case has been publicly recognized.
November 25, 2025

DRI Publication Features Three Harris Beach Murtha Attorneys

The DRI article explored possible effects of the Horn ruling on future RICO claims related to FDA-regulated products.
October 30, 2025

29 Harris Beach Murtha Attorneys Selected to 2025 New York Metro Super Lawyers and Super Lawyers: Rising Stars Lists

Super Lawyers is a nationally recognized professional survey and ranking service of accomplished attorneys.
August 21, 2025

More Than 100 Harris Beach Murtha Lawyers Recognized as 2026 Best Lawyers® Award Recipients; 11 Earn “Lawyer of the Year” Recognition

Best Lawyers provides trusted, peer-reviewed recognition of top legal professionals, helping clients find credible, experienced counsel.
June 20, 2025

Kelly Jones Howell Named a Long Island Business News Most Dynamic Woman Leader

LIBN recognizes leaders whose vision, innovation and dedication are transforming industries and communities in Nassau and Suffolk counties.
Events

Kelly Jones Howell Joining Panel at the CLM Annual Conference

March 26, 2026
Kelly Jones Howell presenting, “Litigation Isn’t a Spectator Sport: How Skilled Adjusters Win Before Trial” at CLM Conference

Kelly Jones Howell Speaking at IADC’s 2025 Product Liability Roundtable

September 16, 2025
Kelly Jones Howell’s presentation will discuss “New Frontiers in Product Liabaility.”

Kelly Jones Howell Moderating Session at DRI 2025 Senior Living and Long-Term Care Litigation Seminar

September 11, 2025
Kelly Jones Howell will moderate, “How Business & Insurance Strategies in the Long-Term Care Industry Impact Litigation.”

Kelly Jones Howell to Present During 2024 DRI Toxic Torts and Environmental Law Seminar

March 22, 2024
Kelly Jones Howell will present on the latest scientific, litigation and legislation developments related to PFAS in consumer products.

Kelly Jones Howell Presenting on “Recalls 101” at the 2022 Women in Products Liability Regional CLE Program

October 20, 2022
Partner Kelly Jones Howell is presenting on “Recalls 101 – An Introduction” at the 2022 Women in Products Liability Regional CLE Program

Kelly Jones Howell to Present During DRI Virtual Corporate Counsel Roundtable

October 6, 2021
Don’t get disqualified! At the DRI Virtual Corporate Counsel Roundtable on October 6, Partner Kelly Jones Howell, co-leader of our Medical a

Kelly Jones Howell Presenting During DRI 2021 Young Lawyers Seminar

June 24, 2021
Kelly will present during the DRI 2021 Young Lawyers Seminar on the the topic: Top Ten Best Practices to Impress Corporate Counsel and Win B
External Publications
October 1, 2025

"The Potential Impact of Medical Marijuana, Inc., et al. v. Douglas J. Horn on FDA-Regulated Product Litigation," DRI For the Defense Magazine

March 22, 2024

"PFAS in Consumer Products,” 2024 DRI Toxic Torts and Environmental Law Seminar

October 23, 2023

"PFAS Litigation Swells: Emerging Trends and Best Practices for FDA-Regulated Manufacturers," DRI For The Defense, October 2023, Vol. 65, No. 9

“New FDA Surveillance Tools May Mean Greater Recall Risk,” Sedgwick US Recall Index 2022, Edition 2, pp. 3-5.

“Don’t Get Disqualified—Ten Tips to Avoid Needless Conflict with Former-Employee Witnesses,” Speaker, DRI Corporate Counsel Roundtable, October 2021.

November 22, 2021

“Navigating The New Wave Of PFAS Regulation And Litigation,” Law360, November 22, 2021.

"PFAS: Navigating a New Frontier in Environmental Regulation," DRI In-house Defense Quarterly, March 2022.

"Regulatory and Legal Risks on the Rise in the Post-Pandemic Era," Sedgwick US Recall Index 2021, Edition 1, pp. 31-32

October 1, 2018

Speaker: And Now a Word from the Panel - Current Trends and Hot Topics Emerging in Products Liability MDLs and State Coordinated Litigation (DRI Annual Meeting)

October 1, 2017

Speaker: Discussion with John O. Brennan, Former Director of CIA (DRI Annual Meeting)

June 1, 2017

Speaker: A Changed Ireland, a Changed World, a Changed Diaspora (Panel including Enda Kenny, TD and former Taoiseach (Prime Minister) of Ireland (The Ireland Funds Conference))

March 1, 2017

Speaker: E-Discovery in Mass Tort Litigation (with Hon. Shira A. Scheindlin, Mass Tort Judicial Forum)

March 1, 2017

Speaker: Best Practices: Is your care facility subject to New York Public Health Law § 2801-d? (DRI, MedLaw Update)

Authored key articles in leading life-science journals and presented on numerous topics at national seminars addressing issues such as defense of products liability claims, as well as topics such as adverse event reporting, product recall management, preemption, social media use for FDA-regulated companies, bellwether selections and e-discovery

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Professional and Civic

  • New York Supreme Court Committee on Character and Fitness, Appellate Division, Second Department
  • New York City Civil Court, Small Claims Arbitrator
  • International Association of Defense Counsel, Drug & Device, Product Liability, Medical Defense & Health Law Committees
  • Defense Research Institute (DRI), Past Chair of the Young Lawyers Committee, Drug & Medical Device Steering Committee; Products Liability Steering Committee, Long Term Care Steering Committee
  • Elizabeth Seton Children’s, Joint Board of Trustees
  • The Ireland Funds, New York Young Leaders Chairwoman
  • Irish Arts Center, Young Leader
  • University of Virginia Alumni Association of New York, Board of Directors
  • St. John’s Law Review, Notes & Articles Editor

 

Recognition

  • Super Lawyers, Personal Injury – Products: Defense, since 2012
  • Best Lawyers, Product Liability Litigation – Defendants, since 2024
  • Long Island Business News, Most Dynamic Women Leaders, 2025
  • Long Island Business News, Who’s Who in Women in Professional Services, August 2023
  • Richard H. Krochock Award for Outstanding Young Lawyer, DRI, 2018
  • The Irish Echo, Irish Top 40 Under 40, 2016
  • The Ireland Funds, Young Leader of the Year, 2015
Admissions
New JerseyNew YorkU.S. Court of Appeals, Second CircuitU.S. Court of Appeals, Third CircuitU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. District Court, New York - Western DistrictU.S. Supreme Court
Education

St. John's University School of Law

JD 
2005

University of Virginia

BA 
2002

Capabilities

Legal Practices

Leader for:

Medical and Life Sciences

Member of:

Medical and Life Sciences
Environmental
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Co-Leader for:

Long-Term Care

Member of:

Long-Term Care
Construction
Health Care
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Attorney Advertising. Prior results do not guarantee a similar outcome. © 2025 Harris Beach Murtha Cullina PLLC

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Partner Kelly Jones Howell

Kelly Jones Howell

Member

khowell@harrisbeachmurtha.com
Capabilities
People
Harris Beach Murtha Attorneys at Law
Partner Kelly Jones Howell

Kelly Jones Howell

khowell@harrisbeachmurtha.com
D: (212) 912-3652
Newark, NJ Office
New York, NY Office

Profile

Product Liability, Toxic Tort & Health Care Litigation

Kelly is the Leader of the Medical & Life Sciences Practice Group, and a nationally known litigator, with two decades of experience defending a variety of complex matters including: product liability, class actions, toxic tort, general liability and health care litigation. She regularly serves as national and regional counsel in New York and New Jersey defending clients in multidistrict litigation (MDLs), class actions, state-coordinated litigation and single plaintiff cases involving complex scientific, medical and regulatory issues. She has represented numerous pharmaceutical, medical device, agricultural and chemical manufacturers as well as health care and long term care organizations.

Kelly has a keen understanding of regulated industries, with significant experience in FDA and EPA regulated products. Representative clients include: manufacturers and distributors of brand-name and generic pharmaceuticals, medical devices, over-the-counter drugs, biologics, vaccines, dietary supplements, homeopathic products, cosmetics, food and beverages; as well as manufacturers of consumer products, hair dyes, pesticides, products containing per- and polyfluoroalkyl (PFAS),  chemicals, industrial equipment and construction/building materials.

As leader of the firm’s Long Term Care sector, Kelly defends health care, senior housing, assisted living and skilled-nursing companies in a variety of litigation and regulatory matters. She has experience in many aspects of the long term care industry including class actions, trials, arbitration, investigations, and regulatory responses. Kelly represents some of the largest senior living and long term care owners/operators in North America.

Class Actions

Kelly has represented large corporations in high-stakes cases involving consumer protection laws, warranty claims and false advertising, many involving nutrition and health claims against FDA-regulated companies and the long term care industry.  Kelly also has experience defending companies facing class actions who have been alleged of violating The Americans with Disabilities Act (ADA) and other federal and state laws related to website content and accessibility.

General Litigation

Kelly applies her vast litigation and negotiation skills to many other types of cases. She regularly handles general liability/negligence cases and business and commercial litigation, from simple breach of contract disputes to complex litigation involving extensively detailed agreements. She regularly represents developers, property owners/lessors, co-op / condo boards, management companies and contractors against claims of negligence, breach of contract and warranty, contribution and indemnity in multi-million dollar water intrusion, toxic mold personal injury and property damage matters alleging pecuniary losses and remediation costs.

Additionally, Kelly has experience defending construction accident matters on behalf of contractors and owners in which it is alleged that construction workers have been injured due to violations of Sections 200, 240 and 241 of the Labor Law of New York.

She counsels clients on strategies to creatively, efficiently and effectively resolve litigation and threatened litigation. Capitalizing on her background as a court-appointed arbitrator, Kelly has successfully settled thousands of cases – both informally and at mediation.

Areas of Expertise

Legal Practices

Leader for:

Medical and Life Sciences

Member of:

Medical and Life Sciences
Environmental
Mass Torts and Industry-Wide Litigation
Product Liability and Comprehensive General Liability

Industry Teams

Co-Leader for:

Long-Term Care

Member of:

Long-Term Care
Construction
Health Care

Focuses

Please select listing to show.

Admissions

New JerseyNew YorkU.S. Court of Appeals, Second CircuitU.S. Court of Appeals, Third CircuitU.S. District Court, New JerseyU.S. District Court, New York - Eastern DistrictU.S. District Court, New York - Northern DistrictU.S. District Court, New York - Southern DistrictU.S. District Court, New York - Western DistrictU.S. Supreme Court

Representative Matters

  • Serving as liaison counsel in New Jersey coordinated Multi-County Litigation (MCL) and federal Multi-District Litigation (MDL) proceedings for the defense of brand-name and generic pharmaceutical manufacturers involving combination birth control products, biologics, and drugs for treatment of cancer, gastroesophageal reflux, heart-related diseases and osteoporosis, as well as for medical device manufacturers involving endovascular, cosmetic and orthopedic products.
  • Coordinating and overseeing discovery process as counsel for two pharmaceutical manufacturers in MDL with coordinated proceedings in New Jersey, California and Philadelphia related to the nationwide recall of a heart medication.
  • Briefing dispositive motions in state and federal appellate and trial courts which helped obtain dismissal of cases involving pharmaceuticals, medical devices, cosmetics, biologics, dietary supplements, food and pesticides on the basis of federal preemption.
  • Obtaining summary judgment, affirmed by New York’s Court of Appeals, on behalf of endovascular medical device manufacturer in product liability case brought on behalf of a severely brain-damaged plaintiff, holding expert witness affidavits in opposition were speculative and conclusory based on failure to disclose the experimental data and test conditions used to generate their opinions.
  • Obtaining dismissals of novel “fear of injury” claims resulting from implants of inappropriately harvested human tissue donations, and for “negligent sale” claims against medical device manufacturers of spinal implants in New Jersey Superior Court.
  • Obtaining dismissals of claims of cancer and multiple chemical sensitivities related to the use of cosmetics and hair dye using epidemiology and expert disciplines of toxicology, oncology and industrial hygiene for one of the world’s largest beauty companies.
  • Defending cosmetics, food and dietary supplement manufacturers in consumer class actions alleging the presence of PFAS and other contaminants in products.
  • Obtaining dismissal on behalf of McDonalds fast-food franchise in class action litigation involving claims that false advertising and deceptive trade practices caused plaintiffs to ingest excessive amount of fast-food.
  • Winning dismissal of a consumer class action involving allegations of falsely advertised hair dye products on behalf of a personal care products manufacturer.
  • Successful transfer of venue and dismissal for putative class action alleging misleading labeling of ingredients on behalf of a nutritional life science company.
  • Negotiated nationwide settlement class for a consumer class-action in New York and California federal courts involving claims under various state consumer protection laws against manufacturers of weight-loss nutritional supplements and celebrity spokespersons.
  • Defeating class certification on behalf of a pharmaceutical company related to diet drugs.
  • Overseeing class actions, tort and CERCLA cost recovery matters pertaining to Superfund sites associated with alleged PFAS contamination in ground water.
  • Defending and effectuating global settlement of personal injury claims in consolidated In Re: World Trade Center (WTC) Lower Manhattan Disaster Site Litigation, on behalf of building owners and property developers.
  • Successfully defending luxury co-ops and condos in general negligence matters.
  • Successful dismissal of Labor Law claims against employer in workplace accident.
  • Defending Senior / Assisted Living and Skilled Nursing Facilities in all aspects of defense litigation and investigations involving allegations such as class actions, abuse and neglect, inadequate supervision/hiring, medication errors, elopement, N.Y. PHL § 2801-d, as well as in arbitration, commercial actions, involuntary discharges and other regulatory disputes.

Distinctions

Professional and Civic

  • New York Supreme Court Committee on Character and Fitness, Appellate Division, Second Department
  • New York City Civil Court, Small Claims Arbitrator
  • International Association of Defense Counsel, Drug & Device, Product Liability, Medical Defense & Health Law Committees
  • Defense Research Institute (DRI), Past Chair of the Young Lawyers Committee, Drug & Medical Device Steering Committee; Products Liability Steering Committee, Long Term Care Steering Committee
  • Elizabeth Seton Children’s, Joint Board of Trustees
  • The Ireland Funds, New York Young Leaders Chairwoman
  • Irish Arts Center, Young Leader
  • University of Virginia Alumni Association of New York, Board of Directors
  • St. John’s Law Review, Notes & Articles Editor

 

Recognition

  • Super Lawyers, Personal Injury – Products: Defense, since 2012
  • Best Lawyers, Product Liability Litigation – Defendants, since 2024
  • Long Island Business News, Most Dynamic Women Leaders, 2025
  • Long Island Business News, Who’s Who in Women in Professional Services, August 2023
  • Richard H. Krochock Award for Outstanding Young Lawyer, DRI, 2018
  • The Irish Echo, Irish Top 40 Under 40, 2016
  • The Ireland Funds, Young Leader of the Year, 2015
Attorney Advertising. Prior results do not guarantee a similar outcome. © 2026 Harris Beach Murtha Cullina PLLC
Content current as of October 17, 2026 5:32 am