Jennifer L. Greenblatt
Partner / Chicago, Dallas

P: 312-881-5949
F: 312-380-7028

Download vcard for Jennifer L. Greenblatt jgreenblatt@goldmanismail.com

“Jennifer Greenblatt's experience at handling high-profile cases is considerable and she continues to secure a litany of successes for clients.” – The Legal 500

"Jennifer is very smart, very strong and very good at what she does." Chambers USA

“Jen Greenblatt is a superb partner who has outstanding trial skills and is an absolute pleasure to work with.” The Legal 500 Testimonials

"Jen Greenblatt was excellent at oral argument. She was very prepared and persuasive. The judge paused in the middle of argument to compliment her and say how much he was enjoying their exchange. She also came up with a novel argument that our other firms had not considered and that we are now relying on in multiple cases.” The Legal 500 Testimonials

A "first-rate" trial lawyer who according to The Legal 500 comes "highly recommended," Jen Greenblatt has "outstanding" "full service capabilities in terms of case work up and trial work." She "offers a diverse practice spanning complex commercial, product liability, and antitrust litigation" securing wins "across the country," says Benchmark Litigation. As reported in The Legal 500 product liability, mass tort and class action defense section: "Jennifer Greenblatt stands out for her strong track record in multi-district litigation, particularly in the healthcare and life sciences field." Chambers USA notes that Jen is further "recognized for her expertise defending complex antitrust allegations” with The Legal 500 observing she shows “significant experience with putative antitrust class actions, opt-out suits and price-fixing cases.” Clients repeatedly report high praise to The Legal 500 and Chambers USA: Jen is “very good at developing and expressing legal theories and defenses.” She has “the right balance of ‘tough’ and ‘friendly’" with an “innovative legal mind and old-fashioned common sense.” Jen is “very good at what she does” and “is also remarkable in terms of her knowledge of the facts and relevant law.”

  • Hurricane Katrina Litigation

    Trial counsel for large cement company defending against claims by a governmental entity for over $400 million in alleged property damage. Plaintiff brought these claims under maritime law, alleging that a barge that broke free during Hurricane Katrina caused the failure of a floodwall alongside a New Orleans neighborhood. The case settled on terms favorable to our client days before trial.

    In re K-Dur Antitrust Litigation

    Second-chair trial counsel for Merck in 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 sought over $800 million alleging a patent settlement with a generic maker of K-Dur® 20 was anticompetitive. The matter settled shortly before trial.

    Gadolinium Retention Contrast Dye Litigation

    Lead counsel for Bayer in nationwide litigation regarding Bayer’s Magnevist® contrast dye. Plaintiffs claim that they developed a variety of injuries as a result of retaining gadolinium in their body following use of Bayer’s gadolinium-based contrast agent Magnevist® and other contrast agents during MRI procedures. Secured dozens of voluntary dismissals, in addition to court-ordered dismissals, over the course of the litigation.

    • In re Gadolinium-Based Products Liability Litigation (J.P.M.L.) Argued for Bayer defendants before the Judicial Panel on Multidistrict Litigation. Defeated plaintiffs’ petition to create an MDL.
    • Fischer v. Bayer HealthCare Pharmaceuticals Inc. (D. Ariz.) In bellwether cases, argued and won exclusion of plaintiffs’ four general causation experts resulting in an 85-page opinion followed by full summary judgment. Plaintiffs voluntarily dismissed their appeal to the Ninth Circuit.
    • McGrath v. Bayer HealthCare Pharmaceuticals Inc. (E.D.N.Y.) Argued and won motion to dismiss based on a novel preemption theory resulting in a widely-cited published opinion.
    • Combs v. Bayer HealthCare Pharmaceuticals Inc. (N.D. Ohio) Argued and won motion to dismiss on statute of limitations grounds based on plaintiff’s statements at an FDA advisory committee meeting.
    • Sabol v. Bayer HealthCare Pharmaceuticals Inc. (S.D.N.Y.) Won motion to dismiss based on a novel preemption theory resulting in published opinion.
    • Klein v. Bayer HealthCare Pharmaceuticals Inc. (D. Nev.) Won motion to dismiss based on a novel preemption theory not previously accepted by any district court in the Ninth Circuit.
    • Goodell v. Bayer HealthCare Pharmaceuticals Inc. (D. Mass.) Won motion to dismiss based on lack of personal jurisdiction over in-state plaintiff’s claims as well as preemption.
    IVC Filter Litigation

    Second-chair trial counsel for IVC filter manufacturer Rex Medical in a product liability case set to be tried before a jury in the Pennsylvania Court of Common Pleas. The case settled days before jury selection.

    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.

    In re Zetia (Ezetimibe) Antitrust Litigation

    Strategic and trial counsel for Merck in defending antitrust class actions and opt-out actions in MDL in which direct and indirect purchasers claim that Merck’s settlement of a Zetia® Hatch-Waxman patent case violated federal and state antitrust laws resulting in billions of dollars in overcharge damages. Argued dispositive motions and took and defended expert depositions. Argued and won motion to exclude one of plaintiffs’ liability experts.

    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.

    Home Depot U.S.A., Inc. v. Lafarge North America Inc.

    Lead counsel for defendant in an opt-out MDL antitrust matter brought by the largest direct purchaser concerning an alleged nationwide conspiracy to fix prices in the drywall industry.

    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.

    Pro Slab Inc. v. Argos North America Corp.

    Lead counsel for defendant in antitrust putative class action involving alleged conspiracy to fix prices, rig bids, and allocate territories and customers in certain markets for ready-mix concrete.

    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.

    Fosamax Litigation

    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.
    Nephrogenic Systemic Fibrosis Contrast Dye Litigation

    Represented Bayer in federal litigation regarding Bayer’s Magnevist® contrast dye. Plaintiffs claim that they developed a progressive, incurable disease known as nephrogenic systemic fibrosis (NSF) 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.

    • Partner, Goldman Ismail Tomaselli Brennan & Baum LLP
    • Associate, Goldman Ismail Tomaselli Brennan & Baum LLP
    • Associate, Susman Godfrey LLP
    • 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)
      • Valedictorian
    • The Honorable Richard Clifton, U.S. Court of Appeals for the Ninth Circuit
  • Jennifer Greenblatt and Edward Dumoulin, Personal Jurisdiction: Clinical Trial Contacts after BMS, ABA Section of Litigation

    Ken Baum, Jennifer 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

    • Ranked six years running by The Legal 500 as a Next Generation Lawyer in Product Liability, Mass Tort and Class Action Defense: Pharmaceuticals and Medical Devices
    • Ranked by Chambers USA as Up and Coming in Illinois Antitrust
    • Ranked by Chambers USA in Illinois Antitrust which notes she is “recognized for her expertise defending complex antitrust allegations”
    • Selected by Law360 as one of five Rising Stars in products liability
    • Repeatedly shortlisted for Legal Media Group’s Rising Stars Awards for best in product liability
    • Repeatedly ranked by Benchmark Litigation as a Local Litigation Star and Top Litigator Under 40 and named to Under 40 Hotlist
    • Selected numerous times by Super Lawyers as an Illinois Rising Star
    • Selected numerous times by Leading Lawyers as an Emerging Lawyer
    • Board Member, Law360 Product Liability Editorial Advisory Board
    • Board Member, Law360 Competition Editorial Advisory Board
    • Board Member, Emory Law Institute for Complex Litigation and Mass Claims Emerging Leaders Advisory Board
    • Fellow, Litigation Counsel of America (LCA)
    • Member, International Association of Defense Counsel (IADC)
    • Panel Expert, Litigation in the Pharmaceutical and Medical Device Sector, Corporate Disputes Magazine Apr.-June 2018 (pp.192-200)
    • Panelist, Emory Law Institute for Complex Litigation & Mass Claims Leadership Conference (Atlanta, GA)
    • Panelist, Navigating Federal Preemption in Litigation, ABA Section of Litigation Roundtable (Webinar)
    • Panelist, How to Break into Antitrust Law as a Young Lawyer, ABA Antitrust & Professional Development (Webinar)
    • State of Illinois
    • State of Texas
    • U.S. Supreme Court
    • U.S. Court of Appeals for the Third Circuit
    • 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