Partner, Goldman Ismail Tomaselli Brennan & Baum LLP
Associate, Goldman Ismail Tomaselli Brennan & Baum LLP
Associate, Susman Godfrey LLP
The Honorable Richard Clifton, U.S. Court of Appeals for the Ninth Circuit
Stanford Law School (J.D., with distinction)
- Stanford Law Review, Notes Editor and Senior Editor
- Stanford Law and Policy Review, Associate Editor for health care symposium and Personnel Manager
- Criminal Prosecution Clinic
Cornell University College of Human Ecology (B.S., with distinction)
- Goldman Ismail Prevails on Summary Judgment in California State Court for Medtronic
- Drug, Device and Biotechnology Committee Newsletter, “Assessing the Post-Riegel Landscape: The Effect of Sales Representatives' Actions on Preemption Analyses”
- Goldman Ismail Wins Summary Judgment of Non-Infringement for Tickets.com
- Goldman Ismail Wins Complete Defense Verdict for Merck in Bellwether Fosamax Trial
Bar & Court Admissions
State of Illinois
State of Texas
U.S. Court of Appeals for the Fifth Circuit
U.S. Court of Appeals for the Ninth Circuit
U.S. District Court for the Northern District of Illinois
U.S. District Courts for the Eastern, Northern, Southern, and Western Districts of Texas
Jennifer L. Greenblatt
An accomplished litigator and strategist, Jen Greenblatt develops case themes, deposes key fact and expert witnesses, briefs and argues dispositive motions, and examines trial witnesses in complex products liability and commercial cases nationwide. And she gets results: Jen’s work has led to favorable pre-trial dismissals, settlements, and jury verdicts for a diverse roster of clients, including pharmaceutical and medical device manufacturers, software companies, major retailers, and energy businesses. Jen’s attention to detail also makes her a natural in handling all aspects of case management in litigations with millions to billions of dollars at stake. In every setting, clients value Jen’s ability to strategically advance both their business and litigation objectives.
- Selected by Super Lawyers as an Illinois Rising Star (2016-2017)
- Participant, Emory University Institute for Complex Litigation and Mass Claims: Next Generation Rising Stars Conference (2016)
- Jen’s scholarly publications are widely cited from federal appellate and state supreme court opinions to Yale Law Journal, Harvard Law Review, and NYU Law Review articles.
In re K-Dur Antitrust Litigation
Trial counsel for Merck in the class action and consolidated opt-out antitrust lawsuits brought by wholesalers and major pharmacy retail chains that directly purchased K-Dur® 20, an extended-release potassium chloride supplement. Plaintiffs claim that a June 1997 patent litigation settlement with a generic maker of K-Dur® 20 was anticompetitive.
Plumbers and Pipefitters Local 572 Health and Welfare Fund et al. v. Merck & Co., Inc.
Obtained complete pre-discovery voluntary dismissal with prejudice for Merck in a putative class action brought by health benefit payors alleging Merck’s co-pay subsidy programs violated RICO and antitrust statutes and tortiously interfered with contracts. With only the tortious interference claim remaining, unearthed the key contracts at issue through online research and filed a dispositive motion that ended the case days before the first pretrial conference.
Haley et al. v. Bayer HealthCare Pharmaceuticals Inc.
Lead counsel for Bayer in California federal court wrongful death action involving alleged birth defects from in utero exposure to prescription calcium channel blocker. The day Bayer’s motion to dismiss was due, plaintiffs voluntarily dismissed Bayer from the case without prejudice for 90 days and with prejudice thereafter.
Pan v. Medtronic, Inc.
Won summary judgment on behalf of Medtronic in product liability and wrongful death case pending in California state court concerning Medtronic’s nerve-monitoring endotracheal tube after successfully moving to exclude plaintiff’s medical causation expert.
Federal Trade Commission v. Staples, Inc. and Office Depot, Inc.
Represented Staples, Inc. in its proposed $6.3 billion acquisition of Office Depot, Inc., which the Federal Trade Commission moved to enjoin in D.C. federal court.
Golden Archer Investments, LLC v. SkyNet Financial Systems, LLC
Achieved complete pre-trial victory for software development company SkyNet Financial in a commercial lawsuit filed by investment firm Golden Archer in Southern District of New York. Following oral argument, won summary judgment that dismissed Golden Archer’s multi-million dollar contract claim and awarded SkyNet Financial substantial damages on its counterclaim for overdue development fees and punitive damages on its counterclaim for violation of Illinois eavesdropping statute.
Represent Merck & Co., Inc. in litigation concerning Fosamax®, a prescription drug used for the treatment and prevention of osteoporosis and other bone disorders.
- Su v. Merck Sharp & Dohme Corp. Represented Merck in New Jersey state court in the first Fosamax® trial based on an alleged atypical femur fracture. A mistrial was declared midway through the trial due to the plaintiff’s unrelated medical problems.
- Secrest v. Merck & Co., Inc. Represented Merck in federal MDL case in New York. Plaintiff claimed she developed a bone condition known as osteonecrosis of the jaw as a result of taking Fosamax®. Three-week jury trial ended in defense verdict for Merck. Represented Merck on appeal, where the Second Circuit affirmed the judgment for Merck rejecting plaintiff’s many evidentiary and jury instruction challenges.
- Hester v. Merck & Co., Inc. Represented Merck in Fosamax® federal MDL case to be tried in New York. Plaintiff alleged she suffered jaw bone injuries from using Fosamax®. Within one month of trial and days after Merck filed for summary judgment, plaintiff voluntarily dismissed the case with prejudice.
- Carballo v. Merck & Co., Inc. Represented Merck in Fosamax® case to be tried in Miami. Plaintiff alleged she suffered jaw bone injuries from using Fosamax®. With about a month left until trial and days after Merck filed for summary judgment and moved to exclude testimony from plaintiff’s key experts, plaintiff voluntarily dismissed the case without prejudice.
- Halperin et al. v. Merck Sharp & Dohme Corp. et al. Represented Merck in three-plaintiff consolidated case in Illinois state court. Plaintiffs each alleged atypical femur fractures from use of Fosamax®. Secured voluntary dismissals from two plaintiffs during discovery. Shortly before trial and after Merck successfully opposed a continuance, last remaining plaintiff voluntarily dismissed the case with waiver of right to refile in Illinois.
Magnevist Contrast Dye Litigation
Represent Bayer in federal litigation regarding Bayer’s Magnevist® contrast dye. Plaintiffs claim that they developed a progressive, incurable disease known as nephrogenic systemic fibrosis as a result of exposure to Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures.
Gaillard v. Bayer Corp. Argued and won motion for judgment on the pleadings on behalf of Bayer in negligence and product liability case based on allegations exposure to Bayer’s contrast dye caused nephrogenic systemic fibrosis. The Eastern District of New York district court ruled in Bayer’s favor on statute of limitations grounds.
Dent ex rel. Dialyn Rae v. Bayer HealthCare Pharmaceuticals Inc. Represented Bayer in Middle District of Florida federal district court in negligence, product liability, and wrongful death case based on allegations that Bayer’s contrast dye caused nephrogenic systemic fibrosis. After deposing plaintiffs and key treating physicians, plaintiffs voluntarily dismissed the case with prejudice.
- Regal v. Bayer HealthCare Pharmaceuticals Inc. Represented Bayer in Northern District of New York federal district court in suit asserting negligence, product liability, warranty, and other claims based on allegations that Bayer’s contrast dye caused nephrogenic systemic fibrosis. After completing depositions and with Bayer’s motion for summary judgment pending, plaintiffs voluntarily dismissed the case with prejudice.
In re Ethicon, Inc., Pelvic Repair System Products Liability Litigation
Represent Johnson & Johnson and Ethicon in federal MDL concerning prescription pelvic mesh products used for the treatment of pelvic organ prolapse and stress incontinence. Deposed over a dozen plaintiffs.
Tula Foods v. Kroger et al.
Trial counsel for plaintiff Tula Foods, the maker of Better Whey of Life® Greek yogurt, in a 6-week jury trial in Ohio state court. Tula Foods asserted claims of fraud, breach of contract, and misappropriation of trade secrets in suit against The Kroger Co. and Weber Flavors.
CEATS, Inc. v. Continental Airlines, Inc.
Won summary judgment of non-infringement on behalf of defendant Tickets.com in a patent infringement suit in the Eastern District of Texas. Plaintiff CEATS sued over 30 defendants relating to online ticketing patents. Tickets.com was the only defendant to win summary judgment of non-infringement.
Walker Digital, LLC v. Activision Blizzard, Inc.
Obtained pre-discovery dismissal for defendant MLB Advanced Media in a patent infringement suit brought in the District of Delaware.
Discovery Clothing Co. v. Priceless Clothing Co.
Represented plaintiff Discovery Clothing, the largest independently owned chain of women's clothing stores in Chicago, in a trade dress infringement and unfair competition suit filed in federal court in the Northern District of Illinois. Shortly after our client moved for a preliminary injunction, Defendant agreed to settle the case on favorable terms for Discovery. In the stipulation dismissing the case, Defendant conceded that Discovery is the prevailing party, acknowledged the validity of Discovery's trade dress, agreed to dramatically change the appearance of its retail stores, agreed to pay our client's lost profits and attorneys' fees, and dismissed all counterclaims with prejudice.
Additional Representative Litigation
Alcoa Inc. v. Luminant Generation Company LLC
Represented power companies in contract dispute with world’s largest aluminum producer.
Lightner v. CitiFinancial, Inc.
Represented litigant in putative class action challenging credit insurance rates under consumer protection laws.
Olympia Minerals LLC v. HS Resources
Represented oil and gas businesses in suit over seismic data and mineral leasing obligations.
Hewlett-Packard Company v. Koehler
Represented IT services joint venture in non-compete and trade secrets case involving former Hewlett-Packard executive.
Ken Baum, Jen Greenblatt & Julie Cantor, Assessing the Post-Riegel Landscape: The Effect of Sales Representatives’ Actions on Preemption Analyses, Drug, Device and Biotechnology IADC Committee Newsletter
Jennifer Greenblatt, Using the Equal Protection Clause Post-VMI to Keep Gender Stereotypes Out of the Public School Dress Code Equation, 13 U.C. Davis J. Juv. L. & Pol’y 281
Jennifer Greenblatt, Putting the Government to the (Heightened, Intermediate, or Strict) Scrutiny Test: Disparate Application Shows Not All Rights and Powers Are Created Equal, 10 Fla. Coastal L. Rev. 421
Jennifer Greenblatt, What’s Dignity Got to Do with It?: Using Anti-Commandeering Principles to Preserve State Sovereign Immunity, 45 Cal. W. L. Rev. 1
Jennifer Greenblatt, "If You Don't Aim to Please, Don't Dress to Tease" and Other Public School Sex Education Lessons Subsidized by You, the Federal Taxpayer, 14 Tex. J. C.L. & C.R. 1
Jennifer Greenblatt, Falling Off the Abstinence-Only Bandwagon: What Is a Public School Charged with Educating Pregnant Students Suppose to (Legally) Do?, 28 Child. Legal Rts. J. 1