David B.Alden

Partner

Cleveland + 1.216.586.7121

Dave Alden's litigation practice focuses on product liability matters and, in particular, on actions involving prescription drugs, medical devices, tobacco, and consumer products. Dave has been pretrial, trial, and appellate counsel in matters throughout the United States. He regularly counsels clients regarding attorney-client privilege and work product issues, and Ohio's attorney-client privilege statute recently was amended as first advocated in Dave's law review article.

Dave has been national coordinating counsel for major clients, including R.J. Reynolds in smoking and health actions and prescription drug manufacturers in actions relating to prescription antidepressants and prescription opioids. He represented Bayer in an arbitration challenging Bayer's decision to terminate development of a hemophilia product in which Bayer prevailed on all claims. Dave previously was in-house counsel at a major accounting firm.

Dave coauthored Drug and Device Product Liability Litigation Strategy (Oxford Univ. Press 2d ed. 2018); "Voluntary Client Testimony As A Privilege Waiver: Is Ohio's Law Caught In A Time Warp?," 59(1) Clev. St. L. Rev. 1 (2011); and "The Meaning Of The Parallel Requirements Exception Under Lohr and Riegel," 65(3) N.Y.U. Ann. Surv. Am. L. 545 (2010). Each year since 2011, he has authored the Ohio chapter of Product Liability Desk Reference: A Fifty-State Compendium (Wolters Kluwer 2019).

Dave's pro bono representations include Raymond Towler, who was exonerated based on new DNA testing after 29 years in prison, and Douglas Prade, who was excluded from male DNA found over the murderer's bite on the victim and now seeks a new trial.

Experience

  • Merck obtains unanimous Supreme Court ruling in Fosamax® product liability caseJones Day represented Merck Sharp & Dohme Corp. in its unanimous win before the Supreme Court in a product liability case involving Merck's prescription medicine Fosamax®.
  • Indivior prevails in wrongful death action relating to its prescription addiction maintenance drug SuboxoneJones Day obtained the dismissal of wrongful death claims on behalf of Indivior Inc. that were filed in New York federal court by the estate of a patient who was prescribed Indivior's prescription maintenance drug Suboxone and later took a heroin overdose.
  • Drug manufacturer defends against public nuisance and related tort and statutory claims in prescription opiate MDL and state court proceedingsJones Day is defending a major drug manufacturer against public nuisance and related tort and statutory claims asserted in actions consolidated for pretrial proceedings in In re: National Prescription Opiate Litigation, No. 1:17-MD-2804 (N.D. Ohio), as well as in analogous state court actions in Arkansas, New Jersey, Nevada, Pennsylvania, and Texas.
  • R.J. Reynolds wins jury verdict in Kloppenburg "Engle progeny" trialOn November 14, 2016, following 10 days of trial, a jury in Naples, Florida returned a complete defense verdict for Jones Day client R.J. Reynolds Tobacco Company in a personal injury action.
  • Reynolds American sells Natural American Spirit International businesses to JT Group for $5 billionJones Day advised Reynolds American Inc. in its $5 billion sale of the international rights to the Natural American Spirit brand name and associated trademarks, along with the international companies that distribute and market the brand outside the U.S., to the Japan Tobacco Group of companies (JT Group).
  • Reynolds American acquires Lorillard for $27.4 billionJones Day advised Reynolds American Inc. (NYSE: RAI) in its acquisition of Lorillard, Inc. for $27.4 billion and in the related $7.1 billion divestiture to an affiliate of Imperial Tobacco Group and $4.7 billion investment by British American Tobacco, RAI's largest shareholder.
  • R.J. Reynolds resolves hundreds of Engle progeny cases in Florida federal courtsOn February 25, 2015, Jones Day client R.J. Reynolds Tobacco Company, along with Philip Morris USA and Lorillard Tobacco Company, entered into an agreement to resolve virtually all Engle progeny cases pending and not yet tried in the Florida federal courts.
  • Inmate is exonerated by trial court in appellate and Ohio Supreme Court proceedingsIn January 29, 2013, the Summit County Common Pleas Court granted Jones Day's client Douglas Prade's petition for postconviction relief and ordered his immediate release, which release occurred late that day.
  • Bayer prevails in challenge to design, results, and implementation of clinical trialsJones Day represented Bayer HealthCare LLC in obtaining a complete victory in a challenge to Bayer's decision to discontinue further development of a recombinant hemophilia product.
  • Civil rights suit plaintiff pays Jones Day attorneys' fees in pro bono representation of community defendantsAs part of the settlement, Jones Day was awarded attorneys fees and expenses.
  • Ohio inmate exonerated based on DNA test results after 29 years in prisonA Jones Day team, along with the Ohio Innocence Project and Cleveland lawyer Mark DeVan, represented Raymond Towler in connection with seeking DNA testing that ultimately led to his exoneration.
  • Wyeth wins summary judgment in product liability case involving EffexorJones Day successfully obtained a summary judgment for Wyeth in a product liability action involving Wyeth's antidepressant Effexor.
  • Wyeth obtains defense verdict in product liability litigation involving antidepressant EffexorJones Day successfully represented Wyeth, Inc. in a product liability action involving antidepressant, Effexor.
  • Wyeth obtains 5th Circuit affirmance of summary judgment entry in products liability action related to prescription antidepressantOn April 24, 2008, the United States Court of Appeals for the Fifth Circuit affirmed the trial court's entry of summary judgment in favor of Jones Day client Wyeth in Ackermann v. Wyeth, 526 F.3d 203 (5th Cir. 2008).
  • R.J. Reynolds defends massive RICO case brought by U.S. government against tobacco manufacturersIn September 1999, the United States Department of Justice sued Jones Day client R.J. Reynolds Tobacco Company, its major competitors, and others seeking (a) recovery of alleged excess health care insurance costs under the Medical Care Recovery Act and the Medicare Secondary Payer provisions of the Social Security Act; and (b) relief under the civil provisions of the Racketeer Influenced Corrupt Organizations Act ("RICO").
  • Wyeth defends against prescription drug product liability action in Nebraska federal courtJones Day represented Wyeth Pharmaceuticals in a prescription drug product liability action.
  • Wyeth defends against prescription drug product liability action in Pennsylvania federal courtJones Day represented Wyeth Pharmaceuticals in a prescription drug product liability action.
  • Wyeth defends against prescription drug product liability action involving 10 claimants in Pennsylvania federal courtJones Day represented Wyeth Pharmaceuticals in a prescription drug product liability action filed on behalf of 10 claimants.
  • Additional Publications

    • 2012
      Drug and Device Product Liability Litigation Strategy, Oxford University Press
    • December 2009
      Prade asks high court for new DNA testing, Akron Beacon Journal
    • August 4, 2003
      Work Product Doctrine: Protecting Opinions, National Law Journal
    • August 20, 2001
      Privilege Protection: Consulting P.R. Firms, National Law Journal
    • April 23, 2001
      Litigation: Joint Defense Issues, National Law Journal
    • December 4, 2000
      Privilege Issues: Subpoena by Congress, National Law Journal
    • July 5, 1999
      Corporate Law: Defining Privilege, National Law Journal

    Speaking Engagements

    • December 2010
      Updates on the Attorney-Client Privilege and Work Product Protection, presentation to Aon Corp. Legal Department
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