Partner, Goldman Ismail Tomaselli Brennan & Baum LLP
Partner, Bartlit Beck Herman Palenchar & Scott LLP
Associate, Mayer, Brown & Platt
The Honorable James B. Moran, U.S. District Court for the Northern District of Illinois
University of Illinois College of Law (J.D., summa cum laude)
- Graduated first in the class
- Law Review
Carleton College (B.A., Economics)
- Law360 Picks Mirena IUD Products Liability Litigation MDL Ruling as One of Year’s Most Significant
- Tarek Ismail and Ken Baum Named Winning Litigators in The National Law Journal Special Report
- Tarek Ismail Inducted as American College of Trial Lawyers Fellow
- Goldman Ismail Once Again Tops Legal 500 Rankings
- Goldman Ismail Recognized Once Again in Chambers Rankings
- Goldman Ismail Tops 2015 Chambers and Legal 500 Rankings
- Goldman Ismail wins Fosamax Bellwether trial in California for Merck
- Goldman Ismail Lawyers Recognized for Excellence by Chambers and The Legal 500 in 2014
- Goldman Ismail named to The National Law Journal's Litigation Boutiques Hot List
- Goldman Ismail Recognized for Excellence by Chambers USA 2013 and The Legal 500 2013
- Goldman Ismail Named to The National Law Journal's Litigation Boutiques Hot List for the 2nd Consecutive Year
- The Legal 500 2012 Ranks Goldman Ismail as Top Firm for Products Liability Litigation
- Goldman Ismail Wins Summary Judgment of Non-Infringement for Tickets.com
- Goldman Ismail Receives High Rankings Nationwide and in Illinois from Chambers USA 2011
- The Legal 500 2011 Ranks Goldman Ismail as a Top Firm for Products Liability Litigation
- Goldman Ismail Obtains Complete Defense Verdict for Merck in Vioxx Case Brought by LA Attorney General
- Chambers USA 2010 Ranks Goldman Ismail, Tarek Ismail and Joe Tomaselli
- The Legal 500 2010 Ranks Goldman Ismail as a Top Firm for Products Liability Litigation
Bar & Court Admissions
State of Illinois
U.S. Court of Appeals for the Federal Circuit
U.S. District Court for the Northern District of Illinois (including Trial Bar)
“Truly outstanding Tarek Ismail is widely endorsed for his expertise in handling headline cases in the drug and device space.” “He is described as a very smart, talented trial lawyer who will be busy in the field for a long time to come.” - Chambers USA (ranked 2007-2016)
Tarek Ismail is “extremely strong choice of counsel.” - The Legal 500 (recognized 2010-2016)
A fellow of the American College of Trial Lawyers, Tarek is widely regarded as a leader among first-chair trial lawyers who can handle bet-the-company cases. He “draws high praise for his incredibly impressive abilities as a courtroom advocate” in his “many high profile mandates,” reports Chambers USA. An AmLaw 100 product liability practice leader told Law360, “I am impressed with Tarek Ismail,” he “is driven, creative, hardworking and great on his feet”- he “delivers great results for his client.” As reported in The American Lawyer, clients praise Tarek for his “stiletto-sharp cross examinations of plaintiffs’ experts and other witnesses,” “his encyclopedic knowledge of the facts,” and his ability to sort through complex facts and data to identify the key arguments and winning strategies for trial. According to The Legal 500, he comes recommended “for his track record in winning highly challenging cases.”
Tarek also has developed a reputation for resolving large-scale litigation through negotiation on extremely favorable terms for our clients. A managing partner at a major plaintiff-side mass torts firm told The National Law Journal that Tarek is “able to come up with a plan, stick to a plan and get the case resolved with results that both sides can live with.” “Clients agree,” says Chambers USA, “he is both a talented trial lawyer and a great strategist.”
- Profiled in The National Law Journal’s Special Report, Winning Litigators: High Stakes, Significant Victories (2016)
- Fellow, American College of Trial Lawyers, an invitation-only legal association made up of attorneys considered by judges and peers to be among the best trial lawyers
- Recognized in Who’s Who of Products Liability Defence Lawyers (2010-2016)
- Recognized in Who’s Who Legal Life Sciences Product Liability (2016)
- Speaker, DRI Drug and Medical Device Seminar, When in Rome (or Mississippi or New York or Cook County): Local Approaches to Closing Arguments (Chicago, May 2016)
- Ranked by Chambers USA as a Leading Individual in Illinois General Commercial Litigation and nationally as a Leading Individual in Products Liability (2009-2016)
- Ranked by The Legal 500 as one of less than 15 Leading Lawyers in Product Liability and Mass Tort Defense: Pharmaceuticals and Medical Devices (2014-2016)
- Named Product Liability “Life Science Star” by LMG Life Sciences (2015)
- Panelist, Mass Tort Judicial Forum, Foreign Affairs: The Globalization of Mass Torts (Philadelphia, June 2011)
- Speaker, DRI Drug and Medical Device Seminar, Excluding the Plaintiff's Everything, Catch-All, Kitchen Sink Regulatory Expert (Chicago, May 2011)
- Recognized by Chambers USA as one of the “Up and Coming” Litigators in Illinois and nationally as “Up and Coming” in Products Liability (2008)
- Named by The American Lawyer as one of the National “Fab 50” Top Young Litigators (2007)
In re K-Dur Antitrust Litigation
Lead 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 settlement with a generic maker of K-Dur® 20 was anticompetitive.
Trial counsel for Merck & Co., Inc. in federal and state litigation concerning Fosamax®, a prescription drug used for the treatment and prevention of osteoporosis and other bone disorders.
- Galper v. Merck Sharp & Dohme Corp. Lead trial counsel for Merck in initial bellwether trial in California state coordinated proceedings involving 700 hundred lawsuits in which plaintiffs alleged Fosamax® caused atypical femur fractures. After a six-week trial the jury returned a complete defense verdict for Merck. Following the verdict, hundreds of California plaintiffs voluntarily dismissed their cases.
Su v. Merck Sharp & Dohme Corp. Trial counsel for Merck in New Jersey state court in the first ever 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. The day before the next trial, which Tarek was scheduled to try, the plaintiff got an indefinite continuance.
Lyles et al. v. McNeil-PPC, Inc. et al.
Lead trial counsel for McNeil and Johnson & Johnson in the death of a teenager allegedly caused by Tylenol. The matter settled for a nominal sum on the first day of trial.
In re Ethicon Inc., Pelvic Repair System Products Liability Litigation
Trial counsel for Johnson & Johnson and Ethicon, Inc. in cases concerning alleged personal injuries from pelvic mesh products used for the treatment of pelvic organ prolapse and stress incontinence.
- Hammons v. Ethicon, Inc. Lead trial counsel in 2 ½ week jury trial in the Philadelphia Court of Common Pleas in which the plaintiff claimed multiple corrective surgeries and permanent injuries from use of discontinued vaginal mesh implant.
Plumbers and Pipefitters Local 572 Health and Welfare Fund et al. v. Merck & Co., Inc.
Trial counsel for Merck in a putative class action brought by health benefit payors under civil RICO and federal antitrust statutes relating to alleged co-pay subsidy programs. The action was voluntarily dismissed after Merck filed a dispositive motion.
In re Hormone Therapy Litigation
Trial counsel for Wyeth in product liability litigation involving Premarin® and Prempro® hormone replacement therapy products alleged to cause breast cancer.
Trial counsel for Merck & Co., Inc. in individual and government actions claiming Merck’s withdrawn anti-inflammatory medication Vioxx® caused heart attacks and other cardiovascular problems.
- State of Louisiana v. Merck Sharp & Dohme Corp. Lead trial counsel in first Attorney General trial relating to Vioxx®. Obtained a complete defense verdict after a two-week bench trial in federal multi-district litigation court in Louisiana.
- Vioxx Governmental Action Cases National counsel and lead trial counsel in several actions brought by State Attorneys General against Merck relating to Vioxx®. Negotiated settlements of several actions.
- Grossberg v. Merck & Co., Inc. Lead trial counsel in the first Vioxx® trial in California, which after 6 weeks resulted in a complete jury defense verdict for Merck.
- Mason v. Merck & Co., Inc. Co-tried a personal injury claim in federal court relating to Vioxx®. Unanimous defense verdict for Merck after less than two hours of jury deliberations.
- Plunkett v. Merck & Co., Inc. Co-tried the first federal Vioxx® personal injury trial in federal court in Houston. After a two-week trial, mistrial declared after jurors reportedly deadlocked 8-1 in favor of the defense. A two-week jury retrial in New Orleans federal court resulted in unanimous defense verdict for Merck on all issues, which later was overturned by the district court.
CEATS, Inc. v. Continental Airlines, Inc. et al.
Won summary judgment of non-infringement on behalf of defendant Tickets.com in a patent infringement suit in the Eastern District of Texas. Plaintiff sued over 30 defendants relating to online ticketing patents. Tickets.com was the only defendant to win summary judgment of non-infringement.
Forrest Laboratories v. Abbott Laboratories
Co-tried for Abbott a patent case relating to neonatal surfactant. After an eight-week trial in Buffalo, New York the jury returned a unanimous verdict for Abbott on all issues, which later was overturned by the district court.
Engel v. Refco, Inc.
Co-tried National Futures Association arbitration claims brought by commodity futures investors against futures commission merchant.
Rosen v. Refco, Inc.
Co-tried AAA arbitration claims brought by commodity futures investors against futures commission merchant.
Gould v. FX Concepts, Inc.
Co-tried bench trial in Maryland state court involving claim brought by speculative foreign exchange investors against investment advisory firm.
Additional Representative Litigation
In re Magnevist Products Liability Litigation
National trial counsel for Bayer in federal multi-district litigation and individual federal and state cases regarding Bayer’s Magnevist® contrast dye used in MRI scans.
- Gerber v. Bayer Corp. Lead trial counsel in California state court trial in which plaintiff claimed Magnevist® caused rare nephrogenic systemic fibrosis disease. Case settled two weeks before trial.
In re Medtronic, Inc. Sprint Fidelis Leads Products Liability Litigation
National trial counsel for Medtronic in mass tort litigation regarding Medtronic’s Sprint Fidelis® heart defibrillator leads subject to product recall.
In re Baycol Products Liability Litigation
National trial counsel for Bayer in mass tort litigation regarding Bayer’s Baycol® cholesterol-lowering medication.
Pioneer Hi-Bred International v. DeKalb Genetics
Represented Pioneer, a subsidiary of DuPont, as plaintiff in a trade secret case involving hybrid corn genetics.
Norcross, Inc. v. Siebe, Inc.
Represented Invensys in a common law fraud case involving alleged accounting errors.
Sompo Japan Ins. Inc. v. Deloitte & Touche, LLP
Represented Deloitte & Touche against claims of accounting errors in a reinsurance pool.
In re Cendant Corporation Securities Litigation
Represented Ernst & Young in crossclaim suits against Cendant Corporation relating to alleged fraud on behalf of Cendant Corporation.
Menasha Corp. v. News America Marketing In-Store, Inc.
Represented subsidiaries of News Corp. against antitrust claims relating to in-store coupon distribution.