Tim defends businesses in multidistrict litigation, class actions and other complex cases. He is highly regarded for his innovative thinking and common sense approach to problem solving by his clients, which include national and international companies in the tobacco, consumer goods, retail and chemical industries, among others. Tim has successfully and efficiently managed large-scale, high-stakes cases involving a variety of claims and liability theories, including product liability, toxic tort, medical monitoring and consumer fraud.
Tim serves as national product liability counsel to Philip Morris USA. He has coordinated the defense and pre-trial management of mass filings of individual tobacco cases in a number of jurisdictions, including Florida, Louisiana, New York and Iowa. He was involved with the landmark Castano national tobacco class action that the Fifth Circuit decertified on appeal in 1996, and he worked with the team that developed and implemented the strategy that led to the subsequent defeat of numerous statewide tobacco class actions. For the past several years, he has been part of Shook’s national coordinating counsel team working closely with in-house counsel to manage the defense of more than 5,000 individual cases pending in Florida. His work has included:
- deposing plaintiffs and fact witnesses;
- coordinating pre-trial strategy and the work-up of hundreds of cases;
- deposing and defending expert witnesses;
- arguing numerous substantive and procedural motions, both pre-trial and trial; and
- serving in support roles at multiple trials.
Tim has also represented Philip Morris International in coordinating the defense of product liability litigation internationally, including a two-year stint in the firm’s London office. He has worked with counsel in Australia, Canada and Israel to develop strategies leading to the defeat of attempted class actions in those countries, led efforts to defeat a consolidated action of more than 20 plaintiffs in Japan on the merits, and was the principal drafter of the briefing that led to England’s Legal Aid Board discontinuing funding of a group action against tobacco companies. He also has represented and advised Philip Morris International in complex product liability litigation and risk assessment in jurisdictions as varied as Argentina, Brazil, France, Spain, Norway, Sweden, Russia, Egypt, Nigeria, Hong Kong, China, Malaysia, Thailand, Korea and the Philippines.
Tim also represented clients in their efforts to pursue internet piracy of their copyrights. He oversaw all aspects of a nationwide docket of copyright suits filed against thousands of online infringers. The team Tim led had a stellar record in court while favorably resolving the vast majority of cases out of court.
Tim has developed and conducted multiple programs for clients and local counsel on defending class actions, case management and preparing cases for trial. He has conducted several CLE presentations on defending class actions both in the United States and internationally. Tim has also assisted clients in developing innovative jury research designs. In addition, he helps with the firm’s in-house trial practice and other training programs.
Publications and Presentations
Timothy E. Congrove (Moderator), Inside and Out: A Wide-Ranging Discussion of Class Actions from the Client’s Perspective, 2013 DRI Class Actions Seminar (Washington, D.C.), July 25, 2013.
Timothy E. Congrove, Gregory K. Wu & Christopher W. Warren, Uncertain Principles? Evaluating the Tension Between Rule 23(b)(3) and (c)(4) Post-Dukes, and the ALI’s Effort to Integrate the Positions, Bloomberg Law, July 13, 2012; reprinted in 13:13 BNA Insights 741 (2012).
Phil Goldberg, Bill Martucci, Carrie McAtee, Tim Congrove & Terry Satterlee, Anticipating the Challenges That Lie Ahead: Agroterrorism, Food Safety, Water, and Ag Employment, Missouri Governor’s Conference on Agriculture (Kansas City, Mo.), January 19, 2012.
Tim Congrove, David Northrip & Dana Strueby, Keep Talking, but Know the Law: Ongoing Considerations Regarding Communications with Potential Class Members, The Business Suit, January 11, 2012.
Timothy E. Congrove, Amy M. Crouch & Ina D. Chang, How Plaintiffs' Class Counsel Try to Make Differences Vanish, For the Defense, Oct. 2008, at 27.
Alan Rupe, Tim Congrove & David Northrip, To Talk, or Not to Talk... That is the Question: Communications with Potential Class Members, The Business Suit, July 3, 2008, at 1.