Frank Bayuk is a trial lawyer who focuses on — and has significant experience in — defending foreign and domestic companies in high-exposure product liability and mass tort lawsuits. He has experience in class action and multidistrict litigation as well as in individual tort actions in state and federal courts around the country. He represents a diverse range of clients in the pharmaceutical, tobacco, automotive, nutritional/supplements, paint/lead pigment, commercial transportation, and energy industries.
Frank has an active tobacco trial practice and is recognized by Law360 to be "one of R.J. Reynolds Tobacco Company's go-to first-chairs." He has represented Reynolds since 2005 in individual and mass action smoking and health lawsuits in various jurisdictions, including in Florida, California, West Virginia, and Puerto Rico. Frank currently serves as discovery and trial counsel in numerous Engle progeny cases throughout Florida and has tried 18 cases for Reynolds, many ending in defense verdicts. In 2018, he tried the first punitive damages-only tobacco trial in Florida, resulting in a defense directed verdict after closing arguments.
Frank also has extensive experience defending pharmaceutical manufacturers, including GlaxoSmithKline and Purdue Pharma, in product liability lawsuits pending throughout the country. He has litigated individual and mass action cases involving various pharmaceutical products, including Paxil, Avandia, and OxyContin.
Frank has served as a faculty member for the Emory University School of Law Trial Techniques program, teaching trial tactics to Emory law students. He is a member of the American Bar Association and the Defense Research Institute.
Experience
R.J. Reynolds wins complete defense verdict in Morales personal injury suit
On August 22, 2018, following seven days of trial, a state court jury in Miami, Florida returned a unanimous defense verdict in favor of Jones Day client R.J. Reynolds Tobacco Company in a personal injury lawsuit.
The following represents experience acquired prior to rejoining Jones Day.
Served as trial counsel for R.J. Reynolds in Bean, Brown, Cheeley, Davis, Green, Hardin I, Hardin II, Hardin III, Mack I, Mack II, Morales, Morse, Schleider, Starr-Blundell, Walker, Weinstein, Wendel, and Wilcox. Formulated case themes and trial strategy; developed expert witness testimony for trial; conducted trial direct and cross-examinations of plaintiffs, fact witnesses, and experts; picked juries; gave opening and closing arguments; and argued dispositive and evidentiary motions, as well as jury instructions.
Managed multijurisdiction Engle tobacco trial docket that comprised of dozens of personal injury/wrongful death lawsuits and conducted and coordinated discovery and trial preparation in the cases. Developed case strategy; took and defended depositions of plaintiffs, fact witnesses, and experts; and drafted and argued procedural, dispositive, and evidentiary motions.
Defended GlaxoSmithKline in nationwide litigation alleging link between company's product and increased risk of suicidality in adult and pediatric patients and increased risk of certain congenital defects.
Served as a member of the trial team in Kilker v. GSK, the first "bellwether" trial in Philadelphia's Mass Tort Program involving allegations of medication-induced congenital heart defects.
Defended Purdue Pharma in nationwide litigation alleging link between company's product and addiction, dependence, and other health consequences.
Defended international shipping and logistics company in wrongful death lawsuit arising out of a tractor-trailer collision. Ultimately obtained full dismissal with prejudice for client and recoupment of attorneys' fees.
Defended international nutritional and supplements manufacturer in consumer fraud class action filed under New Jersey law. Ultimately obtained quick and successful resolution for client.
Additional Publications
- 2007Tracing Daubert's Impact in the United States Court of Appeals for the Eleventh Circuit
- Florida State University (J.D. summa cum laude 2005; Order of the Coif); University of Florida (B.A. with honors 2001)
- Georgia, Florida, and U.S. District Courts for the Middle and Northern Districts of Georgia and Middle and Southern Districts of Florida
Rising Star in products liability, Law360
Rising Star in personal injury and product liability defense, Georgia Super Lawyers
Recognized by The Legal 500 in the areas of product liability and mass tort defense for consumer products
Named to Benchmark Litigation's Under 40 Hot List as one of the nation's "most accomplished" partners under age 40
- Extern to Hon. Ricky Polston, Florida First District Court of Appeal (Fall 2004)