- PFAS Environmental and Products Liability Litigation: Currently serves as National Coordinating Counsel for a chemical manufacturer in thousands of environmental and products liability claims in state and federal courts nationwide brought by individuals, municipalities, and states alleging groundwater contamination and personal injury as individual claims, consolidated proceedings, and class actions.
- Hearing Protection Litigation: Served as National Coordinating Counsel for Wave Discovery on behalf of a manufacturer of hearing protection devices in the largest MDL in the history of the federal court system.
- Pelvic Mesh: Defended Ethicon (Johnson & Johnson) in pelvic mesh cases throughout the United States. At one time, this MDL was the largest MDL in the history of the United States court system. As part of this representation, Phil played coordinating roles in the MDL and served as trial counsel in bellwether cases, remanded cases, and many state courts.
Overview
Philip Combs is a trial lawyer and founding partner in the firm. Following a federal appellate clerkship, he became an Assistant United States Attorney in the Southern District of West Virginia. Since returning to private practice, he has coordinated and defended complex litigation, including product liability cases.
Phil serves as trial counsel throughout the United States. Much of Phil's work is related to the intersection of medicine, medical devices, and the law. He has spent decades educating courts and juries that useful, essential medical devices and products also present inherent risks and that just because a plaintiff has been injured by a product, does not mean the risks of that product outweigh its benefits.
He also helps clients manage and coordinate mass litigation. Over the last twelve years, he has been retained to help coordinate the defense in several of the largest mass torts in the United States Court system. He has created innovative programs that streamlined the defense of mass litigation, ensured high-quality work product across large teams, and saved tens of millions of dollars in litigation costs.
In conjunction with his products practice, Phil is a sustaining member of the Products Liability Advisory Council (PLAC), the Defense Research Institute (DRI), and the author of Modern Products Liability Law in West Virginia, 113 W. Va. L. Rev. 417 (2011). In 2013 the West Virginia Supreme Court of Appeals appointed Phil as the reporter for the Court's product liability and warranty patteru jury instructions.
Phil has tried more than twenty-five cases to verdict, has briefed more than thirty federal or state appeals, and has argued before the United States Court of Appeals for the Fourth Circuit and the Supreme Court of Appeals of West Virginia.
Representative Coordinating Counsel Roles
Publications
- Modern Products Liability Law in West Virginia, 113 W. Va. L. Rev. 417 (2011) (with Andrew Cooke)
Professional Recognition
- Martindale-Hubbell AV
- Recognized by Chambers & Partners
- Recognized as a West Virginia "Super Lawyer" in product liability litigation
- Reporter, West Virginia product liability and warranty pattern instructions
Professional Background
- Assistant United States Attorney, Southern District of West Virginia, 1994-1998
- Law Clerk, Hon. K. K. Hall, U.S. Court of Appeals for the Fourth Circuit, 1992-1993
Professional Organizations
- Sustaining Member, Products Liability Advisory Council
- Member, DRI
Representative Clients
- Bayer USA
- Johnson & Johnson
- West Virginia University
- West Virginia University Hospitals
- WL Ross & Co., LLC
- Harley-Davidson Motor Company
- Nissan North America
- Autoliv ASP, Inc.
- Yamaha Motor Corporation, U.S.A.
- Mitsubishi Motors North America, Inc.
- Subaru of America, Inc.
- Glock, Inc.
Other Representative Cases
- Defends Bayer in consolidated Ethylene Oxide litigation.
- Serves as counsel for Ramaco Coal in bad faith litigation against its insurer.
- Created programs to educate newly onboarded trial counsel in program litigation against a chemical manufacturer. These innovative programs helped streamline the education of trial counsel ensuring more consistent performance.
- Defended an out-of-state corporation (Cooper Land Company) in cases brought against it by Jim Justice, West Virginia’s sitting governor. Governor Justice sought more than $20 million from Cooper in relation to its development and sale of Glade Springs Resort. This litigation was resolved successfully by motion practice in both federal and state court defeating the claims brought by Governor Justice.
- Defended West Virginia University Hospitals in commercial litigation regarding its purchase of a practice group.
- Defended Bayer in a case brought by public land grant institution alleging chemical exposure on its campus.
- Served as trial counsel in a medical device case in which the plaintiff alleged that she was permanently injured and unable to have marital relations with her husband. The jury returned a defense verdict.
- Served as trial counsel for a Japanese automobile manufacturer in the defense of a product liability case in which two women were burned to death in an accident. Named by CVN as one of the Top 10 Defense Verdicts of 2017.
- Served as trial counsel for an American motorcycle manufacturer in the defense of a product liability case in which a rider was killed while using the product. The jury returned a defense verdict after a multi-week high-publicity trial.
- Defense of a flagship state university in a suit brought under the Open Governmental Meetings Act related to their Board of Governors' meetings.
- Defense of a high-profile Wall Street investor and his private equity investment company in eleven wrongful death claims arising from a tragic mine explosion.
- Defense of apex witnesses, medical directors, and research and design engineers in MDL depositions.
- Defense of an American motorcycle manufacturer in wrongful death, traumatic brain injury, and other personal injury litigation in West Virginia.
- Defense of several Japanese automotive manufacturers in West Virginia cases involving personal injury, including wrongful death and quadriplegia damages claims.
- Defense of a Japanese manufacturer in federal and state program litigation involving its flagship UTV.
- Defense of the world's largest manufacturer of automotive component safety systems in West Virginia products liability litigation.
- Defense of a major pharmaceutical company in "diet drug" litigation in West Virginia.
- As part of the defense of a pharmaceutical manufacturer in mass litigation, responsibility for (a) interviewing all West Virginia physicians who had prescribed a particular medication, and (b) recommending to the manufacturer whether these physicians should be indemnified for prescribing that medication
- Defense of a major medical device company in two state-wide class actions involving an allegedly defective medical device. After the Circuit Court initially certified a state-wide class action, the class was decertified, and the cases were resolved.
- Defense of an Austrian firearms manufacturer regarding a claim that the design of the safety used in the manufacturer's handguns led to the death of a four-year-old child.
- Defense of an oxygen supply company against claims that an interruption of oxygen delivery triggered pulmonary hypertension in an infant.
- Defense of a Japanese automotive manufacturer in commercial litigation in which the plaintiff sought more than sixteen million dollars. Summary judgment was obtained by the defense.
- Served as plaintiffs' counsel in three wrongful death cases that involved individuals or families killed by improperly operated tractor-trailers.
- Prosecuted the first case brought under the federal interstate domestic violence statute, U.S. v. Bailey, 112 F.3d 758 (4th Cir. 1997). The jury returned a guilty verdict, and the defendant received a sentence of life imprisonment.