An accomplished litigator and strategist, Jen Greenblatt develops and executes case themes, defends and deposes key fact and expert witnesses, briefs and argues dispositive motions, and examines trial witnesses in complex product liability, antitrust, 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.
Jen’s successes have garnered well-deserved industry recognition. By way of example, The Legal 500 has repeatedly ranked Jen in Product Liability, Mass Tort and Class Action Defense and Law360 selected her as one of five product liability "Rising Stars." Her publications are widely cited from federal appellate and state supreme court opinions to Yale Law Journal, Harvard Law Review, and NYU Law Review articles. Jen also serves on advisory boards for Law360 and the Emory Law Institute for Complex Litigation and Mass Claims.
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 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 sought over $800 million alleging a June 1997 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.
- In re Gadolinium-Based Products Liability Litigation. Argued for Bayer before the Judicial Panel on Multidistrict Litigation. Defeated plaintiffs’ petition to create an MDL.
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.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.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.
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.
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)
- Stanford Law School (J.D., with distinction)
- 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
- Board Member, Law360 Product Liability 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)
- Speaker, Navigating Federal Preemption in Litigation, ABA Section of Litigation Roundtable (Webinar)
- Panelist, Emory Law Institute for Complex Litigation & Mass Claims Leadership Conference (Atlanta, GA)
- Repeatedly ranked by The Legal 500 as one of five Next Generation Lawyers in Product Liability, Mass Tort and Class Action Defense: Pharmaceuticals and Medical Devices
- Selected by Law360 as one of five Rising Stars in products liability
- Shortlisted every year 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
- Bayer Wins Daubert Ruling Excluding Plaintiffs’ Expert Witnesses in the Gadolinium Retention Contrast Dye Litigation
- Goldman Ismail Tops 2019 Legal 500 Rankings
- Goldman Ismail Defeats Plaintiffs’ Attempt to Form MDL in Gadolinium Retention Contrast Dye Litigation
- Goldman Ismail and Partners Receive Top Rankings in Benchmark Litigation 2019
- Jennifer Greenblatt Shortlisted for 2018 LMG Rising Star Award – Best in Product Liability
- Goldman Ismail Tops 2018 Legal 500 Rankings
- Jennifer Greenblatt Selected for Law360’s Product Liability Editorial Advisory Board
- Goldman Ismail and Partners Receive Top Rankings in Benchmark Litigation 2018
- Jennifer Greenblatt Named a Law360 Rising Star
- Goldman Ismail Tops 2017 Chambers and Legal 500 Rankings
- 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
- 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