Theodore M.Grossman (Ted)

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Ted Grossman is a trial and appellate lawyer with an unbroken record of victories spanning decades. He has been named on the short list of the country's top trial lawyers by Law360, Benchmark Litigation, The National Law Journal, and many others.

Ted's practice covers commercial litigation, class actions (he successfully defended the largest commercial class action in U.S. history), and mass tort product liability (Japan's Nikkei newspapers called him "the top product liability lawyer in the United States"). In commercial cases, he represents corporate plaintiffs and defendants, with uniform success in both. In a recent two-month tabloid-frenzied trial, Ted obtained an injunction against Martha Stewart Living Omnimedia and a judgment for tortious interference against J. C. Penney for its enticement of Martha Stewart to breach Macy's contractual exclusivity. For many years, Ted served as R.J. Reynolds' lead outside counsel, helping guide it through successive waves of mass individual and novel aggregated litigation. In regulatory and constitutional litigation, he has served as lead counsel in cases brought by or against virtually every federal department. He regularly advises boards, CEOs, and general counsel of leading clients.

Ted is a Fellow of the American College of Trial Lawyers, American Bar Foundation, and American Law Institute and is an adjunct professor at Cornell Law School. He was profiled in the National Law Review's "Winning" supplement (as a "shutout" pitcher turned to for difficult cases) and in its "Defense Verdicts of the Year." He has appeared on the CBS Evening News, ABC World News, many other media, and was recently profiled in Crain's Cleveland Business ("King of the Court").

Experience

  • Macy's prevails at trial against J.C. Penney for tortiously interfering with Macy's contract with Martha Stewart Living OmnimediaOn June 16, 2014, the Supreme Court of the State of New York granted Jones Day client Macy's, Inc. a complete victory, after trial, against J.C. Penney Corporation, Inc. for tortious interference with a license agreement between a Macy’s affiliate and Martha Stewart Living Omnimedia, Inc. ("MSLO"). Trial, which garnered day-to-day coverage in the national media, has ended. Pending a final injunction, the trial court has entered a preliminary injunction banning the sale of Martha Stewart bed, bath, and kitchen goods at J.C. Penney.
  • 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. The decision followed two months of testimony from several of the world's leading experts in the field.
  • FirstMerit Bank obtains reversal of class certification and ultimate dismissal in Ponzi scheme caseJones Day represented FirstMerit Bank, N.A. in a lawsuit arising out of the collapse of large Ponzi scheme allegedly orchestrated by Joanne Schneider, a well-known Cleveland-area businesswoman involved in various real estate and retail enterprises.
  • Zimmer obtains dismissal of putative class action alleging fraud for kick-backs to doctors on orthopedic knee and hip implantsJones Day represented Zimmer, Inc., a manufacturer of orthopedic knee and hip implants, in a putative class action alleging a fraudulent price inflation scheme.
  • Tobacco industry wins 2nd Circuit reversal of certification and ultimate dismissal of 50 million member $800 billion RICO fraud class actionJones Day represented R.J. Reynolds Tobacco Company and Brown & Williamson Holdings, Inc. as lead counsel in a nationwide class action seeking reimbursement for allegedly misleading consumers by labeling cigarettes as "light."
  • R.J. Reynolds obtains 2nd Circuit reversal of class certification order predicated on aggregation of punitive damagesJones Day represented R.J. Reynolds Tobacco Company and served as industry liaison and coordinating counsel in this multibillion dollar, highly novel putative nationwide class action aggregating all punitive damages to injured smokers.
  • R.J. Reynolds obtains defense jury verdict after five-month, landmark products liability and fraud trial in California Superior CourtOn behalf of R.J. Reynolds Tobacco Company, Jones Day obtained a complete defense jury verdict after products liability and fraud trial in the Superior Court of California for the County of Sacramento.
  • R.J. Reynolds wins complete defense verdict in Karbiwnyk tobacco liability caseJones Day won a complete defense verdict on behalf of client R.J. Reynolds Tobacco Company in this tobacco product liability action in Jacksonville, Florida, which generated great national attention.
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    May 2017 Commentaries

    Eyes on the Road Ahead: Product Liability Outlook for Autonomous Vehicles

    June 2012 External Publications

    King of the Court, Crain's Cleveland Business

    Summer 2008 External Publications

    Weathering the Storm, Litigation, Volume 34, Number 4

    November 2007 External Publications

    Increasing Trend of Class Action Lawsuits for Product Liability Claims in the U.S., Nikkan Kogyo Shimbun (Daily industries newspaper)

    Fall 2007

    That's Why They're "Supreme": If the Justices Want to Hear an Appeal, They Can Always Find a Way, Practice Perspectives: Product Liability & Tort Litigation

    May 14, 2007 External Publications

    Federal Court Review - That's Why They're 'Supreme', National Law Journal

    Speaking Engagements

    • Fall 2017
      Guest Lecturer - Class Actions and Commercial Litigation, Columbia Law School
    • March 23, 2017
      Financial Services Regulation in the Trump Administration
    • Fall 2014
      Guest Lecturer - Commercial Litigation, Fordham Law School
    • December 2010
      Crisis Management: Essential Considerations Before Disaster Strikes
    • December 2009
      Defending Executive Depositions
    • June 21, 2004
      Winning! - Successful Strategies from the Nation’s Top Litigators, National Law Journal Forum
    • 2003 and 2004
      Guest Lecturer - Product Liability, Case Western Reserve University School of Law
    • 2002
      ABA Litigation Meeting - Lecturer on Cross-Examination and Deposition Techniques
    • 1984
      Guest Lecturer - Secondary and Tertiary Embargoes and Foreign Sovereign Immunity, Georgetown University Law Center
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