Kurt is an accomplished courtroom advocate with more than 30 years of experience representing clients in complex product liability and mass tort matters, including multidistrict litigation (MDL) and high-stakes commercial disputes in jurisdictions across the country. He has successfully represented clients in a variety of sectors, including life sciences, pharmaceuticals, manufacturing, and retail and consumer.
Kurt has defended and taken 13 separate complex tort cases to a jury verdict in the last seven years, serving as the first-chair lawyer in 12 of those trials. His caseload often requires intensive work with medical and scientific expert witnesses or coordinating strategy with common interest or joint defense groups.
Whether through a jury verdict, judge’s order, or out-of-court resolution, Kurt consistently secures favorable outcomes for his clients and is actively involved in those matters at every stage of litigation. Kurt proactively counsels his clients on litigation and regulatory risks, including defensive strategies, expert witness retention, and exposure risks involving consumer products and alleged injury claims. He regularly provides insurers and companies with case valuation or corporate reserve-setting opinions in high-dollar matters.
Throughout his career, Kurt has advised clients on advertising and marketing regulations, including practical guidance to navigate overlapping federal, state and industry requirements. He also has broad experience defending clients in matters that involve federal and state statutes, including numerous consumer protection laws, and Consumer Product Safety Commission (CPSC) requirements involving reporting, recalls, warnings, and other regulatory concerns, among many others.
Kurt has represented clients with global footprints and worldwide concerns, including multinational companies Toyota Tsusho America, BioTE Medical, Fresenius Medical Care, Eaton Corporation and John Deere.
Note: Illinois admission pending; practicing under the supervision of an Illinois-licensed attorney.
Representative Matters
Lead counsel representing a chemical manufacturer in multidistrict litigation brought against the entire supply chain involved in per- and polyfluoroalkyl substances (PFAS) and aqueous film-forming foam (AFFF). The litigation involves approximately 8,000 separate lawsuits filed by individuals, states, municipalities, and private companies alleging product liability, personal injury, trespass, nuisance, and environmental contamination claims. MDL 2873 began in 2018 and is centralized in the District of South Carolina.
Lead counsel representing a multinational conglomerate in multidistrict litigation containing over 1,200 lawsuits alleging that firefighter turnout gear is defective because it contains chemicals that may increase the risk of injury or disease. This is a part of the MDL 2873 in the District of South Carolina.
Lead counsel representing a university in connection with multidistrict putative class action litigation alleging that collegiate institutions, athletic conferences, and the NCAA failed to warn football players of the adverse effects of concussions. The MDL, which began in 2016, is pending in the Northern District of Illinois.
Represented rural telephone carriers in a putative class action to recoup unpaid access fees from a major mobile telecommunication company after it admitted to disrupting billions of calls and alleging a nationwide effort to deter its own customers from making phone calls to rural America.
Defended consumer products manufacturers in 13 separate multi-week jury trials in a seven-year period, serving as first chair lawyer in 11 of the 12 cases. These matters included wrongful death lawsuits seeking tens of millions of dollars in compensatory and punitive damages.
Obtained a complete defense verdict in favor of a tobacco company in a business tort case brought by 37 Missouri hospitals claiming $477 million in unreimbursed health care costs, in addition to punitive damages.
Obtained a $24 million sanctions award against Kansas City’s largest hospital system in 2011 for discovery misconduct in the largest case ever tried in the Circuit Court for the City of St. Louis, Missouri.
Represented a hormone optimization company in personal injury litigation involving claims of product liability and negligence.
Represented a Fortune Global 500 medical services company in internal investigations, strategic defense options and potential liability assessments.
Presentations and Publications
A Scientific Look at the Impact of Sugar, FDLI Food Advertising, Labeling, and Litigation Conference, Sept. 26, 2019.
Understanding the Legal Requirements for Food Labeling and Responsibilities for Labeling Nutritional Content and Allergens, BRCGS Food Safety Americas Conference, May 22, 2019.
Lawyers Can No Longer Be Anti-Social! Thomson Reuters Westlaw, Nov. 27, 2018 (with Katherine Briel).
Developing Strategies for the Dietary Supplement Industry to Address GMO Labeling Laws and Prepare for a Possible Federal Standard, 4th Regulatory and Compliance Forum on Dietary Supplements, American Conference Institute/Council for Responsible Nutrition, June 28, 2016.
Obesity and Food ‘Addiction’: Are Sugar, Salt and Fat the New Nicotine? 2014 FDA & USDA Compliance Boot Camp, September 29, 2014.
When Regulation Can Lead to Litigation: Top Issues in Food and Dietary Supplements, DRI/2014 Products Liability Annual Meeting, April 10, 2014.