Focused on the defense of product liability claims against manufacturers and suppliers at trial and in all stages of pretrial litigation, as well as the navigation of state and federal regulations of products, Michelle has a firm grasp of the legal ramifications and underlying concepts governing products liability defense and product regulatory compliance.
Overview
Michelle concentrates her practice on products liability litigation, regulatory compliance of consumer products and food, and business litigation. She represents manufacturers and distributors of a wide range of products in products liability litigation involving claims of personal injuries and property damages. She also has a specialty focus in regulatory compliance of children's products, consumer products, food packaging and food products.
With more than 25 years’ experience, Michelle defends product liability claims involving consumer products, industrial products and medical devices. She has tried products liability cases before juries in multiple jurisdictions, and has led trial teams for manufacturers in products liability litigation in Missouri. She has served as national counsel for manufacturers and suppliers in all stages of products liability litigation in jurisdictions throughout the United States.
She consults with sellers of products about their warning programs and preventative risk management strategies, especially regarding children’s products and other consumer products, as well as food. Michelle also helps clients develop and strengthen their supply chain agreements, including indemnity and product warranty provisions, and navigate the requirements of state and federal regulations governing persistent, bioaccumulative and toxic chemicals. Michelle assists clients with product recalls, and works with the Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC) and other government agencies to implement and streamline product recalls and withdrawals. She also consults with clients on compliance with California Prop 65, state regulations of PFAS in consumer goods and food packaging, and other state regulations applicable to consumer products and food.
Experience
Litigation and Regulatory
For over 10 years, Michelle has served as national counsel for a chemical manufacturer, defending hundreds of product defect claims against it in state and federal courts throughout the United States.
She defended a medical device manufacturer in a two-week wrongful death jury trial in which the Plaintiffs claimed that the device at issue was defective and caused the decedent's death. The manufacturer obtained a complete defense verdict with the jury finding no liability.
In April 2022, Michelle led the litigation team of a bullet-resistant body armor manufacturer in a jury trial in St. Louis in which a former police officer claimed that the body armor he wore was defective and caused his paralysis. The manufacturer obtained a complete defense verdict with the jury finding no liability.
Michelle has a deep understanding of the issues facing manufacturers of juvenile and children's products, bolstered by comprehensive knowledge of applicable laws and regulations and the standards adopted by the American Society for Testing and Materials International (ASTM) and the American National Standards Institute (ANSI).
She consults with clients about FDA guidelines affecting consumer food and the Federal Trade Commission (FTC) regulations, and guidelines affecting product advertising and fair trade.
Michelle has done a significant amount of work helping clients with California Prop 65 compliance applicable to their products sold nationally and into California. She has drafted many vendor agreements and other supply chain agreements which encompass parties' indemnity obligations, product warranties and warnings.
She also has a significant grasp on various state and federal regulations affecting the sale of consumer products, particularly those involving Perfluoroalkyl and polyfluoroalkyl substances (PFAS), long chain Perfluoroalkyl carboxylates (LCPFACs), Alkylphenols (APs), Alkylphenol Ethoxylates (APES), brominated flame retardants (DecaBDE and others), and other chemicals regulated under the Toxic Substances Control Act (TSCA). She is also well-versed in the laws regulating toxins in packaging of consumer goods and food.
Adept at products liability law, Michelle defended an adhesive manufacturer in a multimillion dollar products liability property damage lawsuit, obtaining a summary dismissal of all claims against the manufacturer.
She prepared and led an oral argument at trial and on appeal on behalf of a defendant subcontractor in a commercial construction lawsuit. The trial court's dismissal of the case on summary judgment was affirmed on appeal after oral argument. See, Gray Ins. Co. v. Old Tyme Builders, Inc., 878 So.2d 603 (La. App. 1st Cir. 4/2/2004).
Michelle was the primary attorney in state and federal courts defending general contractors and subcontractors, resulting in new case law interpreting Louisiana's New Home Warranty Act, the exclusive law governing claims between homeowners and home builders in Louisiana. For example, see, Stokes v. Oster, 807 So.2d 987 (La. App. 5th Cir. 1/15/2002); and Liberty Mut. Fire Ins. Co. v. Ravannack, 2004 WL 612962 (E.D. La 3/24/2004).
Practices & Industries
Admissions
- Louisiana, 1997
- Missouri, 2005
- U.S. District Court for the Eastern District of Louisiana, 1997
- U.S. District Court for the Eastern District of Missouri, 2005
- U.S. District Court for the Western District of Missouri, 2011
- U.S. District Court for the Southern District of Illinois, 2015
Education
Loyola University, J.D., 1997
Canisius College, B.S., Management and Marketing, cum laude, 1994