Arvin Maskin

Partner

Weil, Gotshal & Manges LLP

Current

Current

Lemmings v. ToyoboLead counsel for a major Japanese fiber manufacturer in the defense of nationwide consumer fraud class actions, federal claims, foreign claims, suits by states attorneys general and personal injury claims arising from the sale of high-performance fiber used in the manufacture of hundreds of thousands of bullet-resistant vests.

Current

Talalai v. Cooper Tire & Rubber Co.Lead counsel in the coordination of the defense and successful resolution of more than thirty state-wide consumer fraud class actions against Cooper Tire & Rubber nationwide and a multi-district litigation involving the sale of more than 170 million tires. Mr. Maskin developed and implemented novel strategies for managing these litigations, including convincing the state court judges to work in conjunction with the federal MDL judge, having the state courts jointly appoint the same special master to oversee discovery in all cases, and having five of the state court judges agree to a single joint hearing by teleconference on a key discovery dispute.

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Mr. Maskin negotiated and obtained approval of a nationwide class action settlement resolving all of these actions on terms that were extremely favorable to Cooper Tire. The settlement covered as many as 40 million class members. Cooper Tire did not have to pay any cash to class members, but instead provided extended warranties to tire purchasers and created a consumer education program specifically endorsed by the National Highway Traffic Safety Administration. Significantly, in approving the settlement, the court found that, despite extensive discovery, the plaintiffs had failed to point to any evidence of a product defect or a systemic manufacturing problem.

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In re Austrian Holocaust LitigationsLead counsel representing the Republic of Austria and numerous Austrian companies in numerous class actions seeking restitution for alleged human rights violations and property crimes that took place on Austrian territory during World War II. Mr. Maskin helped negotiate the establishment of an historic foundation that will compensate victims of these World War II crimes. In exchange for the establishment of the foundation, most plaintiffs agreed to dismiss their lawsuits voluntarily.

Current

In re 3M Silicone Gel Breast Implant LitigationServed as class counsel in the defense of a national class action and MDL involving breast implants. Mr. Maskin was lead counsel in the representation of 3M in all aspects of the case before Chief Judge Sam Pointer, including the novel Rule 706 Science Panel and the resolution of critical Daubert issues, as well as issues relating to the Dow bankruptcy. Also served as lead counsel representing 3M in numerous actions seeking to hold it responsible for silicone gel breast implants manufactured by McGhan Medical, the company that had purchased 3M’s breast implant business. After 3M lost its first case at trial, 3M asked Weil Gotshal to develop a proactive strategy for defending these cases. Marshaling the evidence produced during discovery, Weil Gotshal filed and argued a number of summary judgment motions in selective jurisdictions, which were granted by the courts. Using the precedents established by these summary judgment decisions, Weil Gotshal then convinced plaintiffs to drop the remainder of their claims against 3M for McGhan breast implants. In all, won over 15 summary judgment motions in multiple jurisdictions.

Current

Gelsinger v. University of PennsylvaniaRepresented Genovo Inc. in a high-profile lawsuit brought by estate of Jesse Gelsinger, alleging that Genovo defectively designed and manufactured an adeno-viral vector used in an experimental gene therapy treatment that purportedly caused Mr. Gelsinger’s death. The case was settled on terms very favorable to Genovo. Mr. Maskin also handled all inquiries from Congress and the FDA. 

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Hansen v. Unisys et al. (N.Y. Supreme Court)Successfully defended a toxic tort claims by a dozen employees and their families working on components of the Trident Nuclear Submarine alleging birth defects, cancer and a host of other maladies.

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Velan Valve (Pascagoula, Mississippi)Served as lead counsel in the defense and ultimately successful dismissal of approximately 10,000 asbestos personal injury claims based on lack of exposure. 

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Sequa CorporationWon over 25 summary judgments in products liability cases in state and federal courts around the country alleging death arising from the use of radioactive contrast media.

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Hurd v. Westinghouse Electric Corp.Lead counsel in a class action filed against Westinghouse by workers at its capacitor manufacturing plant in Bloomington, Indiana, alleging personal injuries from exposure to PCBs. Following class discovery, the court denied plaintiffs’ motion for class certification, and then granted Westinghouse’s motion to dismiss. Mr. Maskin argued the appeal in the Seventh Circuit, which affirmed both of the District Court’s decisions.

Current

Monsanto Co. v. ReedRepresented Westinghouse Electric Corp. in litigations filed against it by disposal yard employees who alleged injuries from exposure to PCBs while disposing of discarded transformers and capacitors. Following discovery, the trial court granted Westinghouse’s summary judgment motion. After the intermediate appellate court reversed this decision, Westinghouse appealed to the Kentucky Supreme Court. The Supreme Court reversed the appellate court, and reinstated the trial court’s summary judgment decision. In addition, the Supreme Court specifically rejected the intermediate appellate court’s attempt to create a new cause of action for spoliation of evidence against Westinghouse.

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Nevada Power & Light Co. v. Westinghouse Electric Corp.Lead counsel in action filed against Westinghouse by Nevada Power & Light Company that sought damages allegedly caused by the utility’s purchase and use of transformers and capacitors containing PCBs. After extensive and extremely contentious discovery, the Court granted Westinghouse’s summary judgment motion. 

Current

Morrelli v. Ingersoll-RandLead counsel for Ingersoll-Rand in a $60 million product liability suit filed against it, seeking damages for severe personal injuries due to alleged design and manufacturing defects in a Bobcat skid-steer loader. After both fact and expert discovery, Weil Gotshal filed and argued Daubert motions seeking to disqualify plaintiffs’ experts and for summary judgment. Plaintiff subsequently agreed to settle the case on terms extremely favorable to Ingersoll-Rand.

Current

State Farm Mutual Auto Ins. Co. v. Campbellfiled amicus brief on behalf of Washington Legal Foundation in support of State Farm’s appeal of $145 million punitive damage award in a case with only $1 million in compensatory damages. The Supreme Court granted State Farm’s appeal and vacated the $145 million punitive damages award.

Current

Cooper Industries, Inc. v. Leatherman Tool Group, Inc.filed an amicus brief on behalf of Washington Legal Foundation in support of Cooper Industries’ appeal of punitive damages award. The Supreme Court granted Cooper Industries appeal, finding that the Court of Appeals should have applied a de novo review standard when passing on the district court’s determination of the constitutionality of the punitive damages award, and vacated the punitive damages award.

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Kumho Tire Co. v. Carmichaelfiled amicus brief on behalf of Washington Legal Foundation in support of Kuhmo Tire’s appeal of 11th Circuit’s reversal of trial court decision to exclude plaintiffs’ expert witness. The SupremeCourt granted Kuhmo Tire’s appeal, finding that its Daubert decision applied to all types of experts, and that the trial court had properly excluded plaintiffs’ expert.

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General Electric Co. v. Joinerfiled amicus brief on behalf of Washington Legal Foundation in support of GE’s appeal of 11th Circuit decision reversing the trial court’s grant of summary judgment to GE. The Supreme Court granted GE’s appeal, finding that the Court of Appeals should have reviewed the trial court’s Daubert decision under an abuse of discretion standard, not with heightened scrutiny, and reinstated the trial court’s grant of summary judgment.

Georgetown University

J.D.

1978

Georgetown University

B.A.

1975

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In-House Counsel Perspectives on the Negotiation, Mediation and Settlement of Mass and Class Action Litigation (Washington, DC, April 26, 2007) Weil, Gotshal & Manges partner Arvin Maskin will be speaking at the 9th Annual ABA Section of Dispute Resolution Spring Conference: Institute for Mass and Class Action Dispute Resolution. Mr. Maskin will be presenting on the topic, “In-House Counsel Perspectives on the Negotiation, Mediation and Settlement of Mass and Class Action Litigation.” The conference will take place on April 26, 2007 in Washington, DC.

Fast-Food Companies Lawsuits (New York, June 25, 2003)

Institute on Crisis Management and Crisis Avoidance. (New York, October 12, 2001) Co-Chair. Sponsored by Glasser LegalWorks.

Mediator and speaker on “Punitive Damages” and “Essentials in Crisis Management,” at the Harvard Club, sponsored by the Directors Roundtable (New York, January 01, 2001)

“Emerging Mass Tort Damages and Liabilities Theories,” Annual Meeting of the Federalist Society (Washington DC, January 01, 2001)

Chairman and speaker at seminar on international crisis management for the Tort and Insurance Practice Section of the ABA (London, England, January 01, 2001)

Speaker at Annual Mass Tort Institute at Georgetown University Law School (Washington DC, January 01, 1999)

Co-chair and speaker on “Crisis Management - The First 48 Hours,” American Bar Association Committee on Corporate Counsel (Palm Springs, California, January 01, 1999)

Invited to address the New South Wales Law Society, Sydney, Australia, on emerging damage theories and on a variety of products liability related issues (Sydney, Australia, January 01, 1990)

Mediator and speaker on “The Products Liability Revolution and its Challenge for the Board of Directors,” at the Harvard Club (New York, January 01, 1990)