Kelly defends clients in the areas of pharmaceutical and medical device product liability, general tort, and reinsurance and insurance coverage litigation in state and federal courts nationwide. She is also experienced in employment discrimination and consumer fraud cases.
Kelly currently represents an international pharmaceutical client in federal multidistrict litigation and manages nationwide product liability cases for an international medical device manufacturer. She has defended individual and multi-party personal injury, wrongful death and property damage claims across the country for automotive, industrial and consumer goods manufacturers as well as trucking companies.
Kelly’s insurance practice involves primary and excess insurance and reinsurance. She handles cases involving complex insurance and indemnity issues and bad faith claims.
Kelly is skilled at understanding her clients’ business objectives and litigation interests, and is tenacious about developing strategies to effectuate them. Kelly enjoys advocating in court on behalf of her client but is equally skilled at developing creative strategies to resolve conflicts early and outside of the context of litigation. Kelly has significant experience managing all aspects of litigation.
Her litigation experience includes:
- claim negotiations and initial case assessments;
- managing complex discovery and related motion practice;
- coordinating fact investigation and discovery;
- regularly taking and defending depositions and witness preparation;
- expert development;
- extensive pre-trial motion practice, ranging from discovery issues to dispositive motions, including briefing and oral arguments;
- complex Daubert motion practice;
- serving as trial counsel and conducting examination of witnesses and arguing pre-trial and trial motions;
- post-judgment briefing and argument preparation; and
- negotiating favorable settlements and attending mediation.
In addition to her trial work, Kelly has a post-trial and appellate practice, and enjoys strategizing appellate arguments.
Kelly is actively involved in recruiting matters at the firm and serves on the firm’s hiring committee. Kelly also devotes a significant amount of time to mentoring and charitable activities. She is active in mentoring junior associates and summer interns.
Successfully argued and obtained dismissal for medical device manufacturer in federal court in the U.S. District Court for the District of South Carolina.
Argued and obtained judgment in favor of medical device manufacturer in Connecticut state court.
Obtained summary judgment for medical device manufacturer based on statute of limitations in the U.S. District Court for the Southern District of Texas.
Obtained judgment on the pleadings for medical device manufacturer in the U.S. District Court for the Eastern District of Michigan.
Briefed a successful Daubert motion on plaintiffs’ sole liability expert in a two-death product liability action brought against Kia Motors Corporation. The U.S. District Court for the Western District of Oklahoma granted Kia's Daubert motion and entered summary judgment in favor of Kia.
Defended a syndicate of Lloyd’s of London and obtained dismissal in lawsuit seeking coverage for derivative and securities claims from hundreds of millions of dollars in alleged loss related to the insured’s contingent commission practices.
Briefed a motion to dismiss environmental claims against a consumer products manufacturer, resulting in a voluntary dismissal by plaintiff’s counsel prior to oral argument.
Briefed a motion for summary judgment on behalf of alarm service provider, which resulted in the adverse party agreeing to voluntarily dismiss the claim within days of the motion being filed and agreeing to pay attorney fees associated with drafting the motion.
Publications and Presentations
A Panoply of Policy Issues, Kelly Bieri and Phil Goldberg, June 11, 2019.
Kelly Garrity, Whose Award is it Anyway?: Implications of Awarding the Entire Sum of Punitive Damages to the State, 45 Washburn Law Journal 395 (2006).