James Shepherd

James Shepherd is recognized as one of the nation’s leading product liability lawyers who handles complex, mass tort litigation. James is a very experienced trial lawyer who regularly represents Fortune 500 companies that call on him for his ability to devise creative strategies to defend and successfully resolve mass tort and bet the company cases. He also serves on the firm’s Executive Committee.

Representative Experience

In re Roundup Litigation - currently serving as national and trial counsel for Bayer/Monsanto in the largest mass tort litigation in the country. James is directing and overseeing a team of 100+ lawyers who are executing strategies he helped develop to meet his client’s goals. In addition, James is an active trial team leader who develops and implements trial strategy. 

Mirena IUD Products Liability Litigation - National counsel for one U.S. and two foreign Bayer entities in thousands of lawsuits in two different federal multidistrict litigations in New York and state courts around the country involving the Mirena® intrauterine device. James led a nationwide team of attorneys from the inception of the first lawsuit until the U.S. Supreme Court denied appellants writ of certiorari seeking review of the Second Circuit’s affirmation of the trial courts’ dismissal of all cases in both MDLs. James worked with his client to develop and execute strategies that successfully resolved the litigation by striking all of plaintiffs’ general cause experts, which resulted in summary judgment.

Contact Lens Solution Products Liability Litigation - Lead member of Shook’s national and trial counsel teams in In re: Bausch & Lomb Inc. Contact Lens Solution Products Liability Litigation in which thousands of plaintiffs alleged that Bausch & Lomb’s product caused fungal eye infections. James prepared and defended high level company witnesses for deposition and took the depositions of plaintiffs’ experts. James’ highly effective cross examination of the MDL plaintiffs’ key microbiology expert resulted in the expert being struck under Daubert and led to the successful resolution of the litigation. 

Implantable Defibrillators Product Liability Litigation - Lead member of the Shook team that served as lead trial counsel in In re: Guidant Corp. Implantable Defibrillators Products Liability Litigation. This MDL litigation involved 4,000+ cases in which plaintiffs claimed injuries, including death, caused by Guidant’s implantable defibrillators. James implemented the litigation strategy and played a lead role in motion practice, company witnesses, depositions of experts, and coordination of state and federal cases. 

Baycol Product Liability Litigation - Member of the national science and expert team in this 6,000+ case MDL in which plaintiffs alleged injuries as a result of using Bayer’s cholesterol-lowering medicine, Baycol. James identified, developed and prepared the key defense expert witnesses in the litigation – the preventive cardiologists. One of James’ experts delivered key testimony in the first case Bayer tried to a US jury. The jury returned a complete defense verdict.

Hearing Loss Litigation - Served as lead trial and national counsel for Shell Oil Company in its hearing loss litigation. James developed and executed the litigation strategy and tried a bellwether case that resulted in a defense verdict and subsequent successful resolution of 900 cases.

Asbestos Litigation - Lead trial and national counsel for Continental Grain Company, the largest privately held company in the United States, in its nationwide asbestos litigation. James worked with his client to understand its goals for the litigation and developed a novel strategy that effectively and economically accomplished the client’s goals. The cases were successfully resolved. 

Bream Investment Company, LP v. H. Muehlstein & Co., Inc. - Lead trial counsel in a complex commercial matter for Bream against the largest plastics distributor in the U.S. The defendant counterclaimed seeking $1,000,000 in damages for loss of use of its product. The jury returned a very large verdict in favor of Bream plus attorney fees.

Ethylene Dichloride Litigation - Member of Shook’s lead trial counsel team in a mass tort arising out of a spill at Conoco’s marine dock facility in Westlake, Louisiana. The 1,500 case litigation involved complex chemistry issues. James’ scientific background allowed him to take significant lead responsibility in the litigation which was settled very favorably on the eve of trial.