Practice Areas

What We Do

Class Action Defense

Our experience in class action litigation involves the defense of clients in diverse areas, ranging from retail sales to marine engines, wage and hour claims to alleged product defects. This litigation has involved classes of thousands of employees and consumers, numerous witnesses and hundreds of exhibits. Since a class action is generally appropriate only where the alleged injury common to the class outweighs the issues that are unique to its individual members, our defense begins long before the class is certified.

The attorneys at Blackwell Burke P.A. work with clients to develop strategies to minimize the potential of class action certification, and zealously defend cases that are brought to trial.

Commercial Litigation

We represent various corporations, businesses, and individuals in connection with all types of commercial and business disputes. Our broad commercial practice includes litigation in a variety of commercial matters including class action defense, antitrust issues, sales practice matters, licensing and registration issues, breach of non-compete and royalty agreements, personal property and non-residential real property leases, distributor agreements, replevins, prejudgment seizures, real estate matters, and all types of commercial-related matters. The attorneys at Blackwell Burke P.A. work with clients to develop strategies to minimize the potential of class action certification, and zealously defend cases that are brought to trial.

Drug & Device

Our drug and device team shares decades of trial-tested experience defending pharmaceutical and medical device firms in mass torts and high-stakes product liability litigation. We have served as trial counsel, national coordinating counsel, science counsel, and defense liaison counsel in multi-district litigations and consolidated cases involving latex gloves, hormone therapy products, diet drugs, implantable cardioverter-defibrillators, dopamine agonists, and ADHD medications. We are preferred counsel to one of the world’s largest medical device companies, and national product liability counsel to a global manufacturer of implants and surgical products for the extremities. We defend our clients’ therapies in state and federal courts across the country and guide strategy on the defense of medico-legal claims in Europe, Australia, and the U.K.

Our diverse science counsel assignments and many successful Daubert challenges give us uncommon fluency in science, medicine, and medical technology. Our team includes a Euromoney “Life Sciences Star” and a medical device engineer with five patents. We frequently comment for national media outlets on emerging trends in drug and device law and policy.

Food Industry Defense

Our attorneys have extensive experience representing food and beverage manufacturers, distributors, retailers, and restaurants involved in litigation, regulatory and administrative actions, third-party discovery issues, and other legal matters. Our attorneys have successfully represented institutional clients in claims involving food borne illnesses (including E. coli and salmonella), product recalls, adulteration and contamination, packaging, product warnings and instructions, processing procedures and kill steps, and other food safety issues. The firm also has experience working with issues involving Good Manufacturing Practices (GMP) and Hazard Analysis and Critical Control Point (HACCP) matters.

Our food safety attorneys routinely provide legal advice and counsel to clients faced with potential regulatory actions, product recalls, upstream and downstream supplier disputes, contamination source identification, ingredients (such as diacetyl), and evidence preservation matters. Our attorneys are sensitive to the variety of important issues a company must consider when food safety issues arise, including any potential impact on existing and future business relationships. Because food safety litigation often involves complicated issues of insurance coverage and indemnity or contribution obligations, our attorneys assist clients in evaluating insurance coverage issues and have successfully litigated and arbitrated coverage disputes in food safety cases.

Intellectual Property

Blackwell Burke’s attorneys’ proven track record of success in complex litigation includes trademark, patent, trade secret, and other intellectual property matters. We have represented Fortune 500 companies in intellectual property matters in federal and state courts across the country, including the District of Minnesota, the Northern District of New York, and the Eastern District of Texas.

Leveraging our extensive experience as trial attorneys, Blackwell Burke approaches our clients’ intellectual property matters with an eye toward trial. Because we are not timid litigators, we proactively counsel and aggressively advocate for our clients both in and out of court to reach efficient, optimal results. Whether the right resolution is an early settlement, licensing, proceeding to trial, or something in between, our attorneys seek out and employ strategies that best position our clients to resolve each matter in the most cost-effective manner possible.

Products Liability

Our attorneys have a national reputation for success in defending products liability suits. Our trial attorneys have handled dozens of major tort and products liability cases, through jury trial disposition. The overwhelming majority of cases are favorably resolved by summary judgment or voluntary dismissals. We have experience representing a wide variety of industries in cases involving literally hundreds of different products. Firm attorneys serve as national counsel to major corporations, and have handled lawsuits nationally and internationally.

Working with in-house counsel, outside coordinating counsel, and experts, our attorneys have defended numerous products liability claims involving asbestos, silica and benzene, medical devices, automotive, industrial, mechanical, chemical, petroleum, structural, metallurgical, and fluid dynamics issues. Our expertise in this practice area has resulted in repeated successful results for our clients. Our attorneys have also handled major product recalls nationwide, and drafted product warnings and use instructions.

Toxic Torts

The attorneys of Blackwell Burke have extensive experience in the defense of cases involving alleged workplace exposure to asbestos, benzene and silica products purportedly manufactured, distributed, and/or sold by our clients. Our clients include major manufacturing and industrial companies, including both manufacturers of alleged asbestos containing products as well as one of the nation’s largest manufacturers of respiratory protection equipment. Historically and presently, our attorneys have served as national trial counsel for manufacturers in numerous asbestos and silica cases.

Our role as national trial counsel encompasses the entire nation, including some of the worst defendant jurisdictions: Madison County, Illinois; Alameda County, California; the City of St. Louis, Missouri; and Independence, Missouri, among others. We routinely confront plaintiffs in myriad formats, including single and multiple plaintiff actions on liability and damages issues and mass plaintiff consolidations (“jumbo filings”), in which issues of liability and damages are bifurcated. Our streamlined approach to defending these cases, has resulted in our repeated retention by corporate clients for important cases.

Trial Practice

Blackwell Burke P.A. attorneys have a national reputation for trial success. If a case has to go to trial, our lawyers are determined to win. We enjoy inspiring our clients’ confidence, preparing experts for precise and rigorous presentation, developing our witnesses’ comfort and fortitude for trial, and partnering with talented trial graphics designers to present – simply and compellingly – your best case. Blackwell Burke P.A. clients appreciate our meticulous development and presentation of their cases, but what they appreciate the most is our results.

Practice Areas

Blackwell Burke is powerful, efficient and diverse.