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.