Focused on product liability litigation ranging from children’s products, consumer products and food to industrial products, Michelle has a firm grasp of the legal ramifications and underlying concepts governing this area of law.

Overview

Michelle concentrates her practice on products liability, children's products, food law and business litigation. She represents manufacturers and distributors of a wide range of products in litigation involving claims of personal injuries and property damages, with a particular focus on children’s products.

With more than 20 years’ experience, Michelle defends product defect claims, construction litigation and mass tort actions involving benzene, asbestos and diacetyl exposure. She consults with manufacturers of products about their warning programs and preventative risk management strategies, especially regarding children’s products. Michelle also helps clients develop and strengthen their supply chain agreements, including indemnity and product warranty provisions, and consults with clients on compliance with California Prop 65.  Michelle assists clients with product recalls, and works with the Food and Drug Administration (FDA), Consumer Product Safety Commission (CPSC) and other government agencies to implement and streamline product recalls and withdrawals.

Experience

Michelle has a deep understanding of the issues facing manufacturers of juvenile and children's products, bolstered by comprehensive knowledge of applicable laws and regulations and the standards adopted by the American Society for Testing and Materials International (ASTM) and the American National Standards Institute (ANSI).

She consults with clients about the Food Safety Modernization Act (FSMA), FDA guidelines affecting consumer food and the Federal Trade Commission (FTC) regulations and guidelines affecting product advertising and fair trade.

Michelle has done a significant amount of work helping clients with California Prop 65 compliance applicable to their products sold nationally and into California.  She has drafted many vendor agreements and other supply chain agreements which encompass parties' indemnity obligations, product warranties and warnings. 

Michelle has experience with the National Advertising Division of the Better Business Bureau in asserting advertising claims on behalf of product manufacturers and sellers, and regarding the wording, placement and design of warnings for consumer products and industrial products.

Michelle served as national counsel for diacetyl manufacturer, defending product defect claims in state and federal courts throughout the United States.

Adept at products liability law, she defended an adhesive manufacturer in a multi-million dollar products liability property damage lawsuit, obtaining a summary dismissal of all claims against the manufacturer.

She defended a medical device manufacturer in a wrongful death jury trial alleging product defect claims for which the manufacturer was found not liable.

Michelle prepared and led an oral argument at trial and on appeal on behalf of a defendant subcontractor in a commercial construction lawsuit. The trial court's dismissal of the case on summary judgment was affirmed on appeal after oral argument. See, Gray Ins. Co. v. Old Tyme Builders, Inc., 878 So.2d 603 (La. App. 1st Cir. 4/2/2004).

A skilled litigator, she defended premises owners and manufacturers in asbestos litigation, including lawsuits naming premises owners as target defendants, and claims that decedents contracted mesothelioma from exposure to asbestos while working on the premises.

Michelle was the primary attorney in state and federal courts defending general contractors and subcontractors, resulting in new case law interpreting Louisiana's New Home Warranty Act, the exclusive law governing claims between homeowners and home builders in Louisiana. For example, see, Stokes v. Oster, 807 So.2d 987 (La. App. 5th Cir. 1/15/2002); and Liberty Mut. Fire Ins. Co. v. Ravannack, 2004 WL 612962 (E.D. La 3/24/2004).

News & Insights

Speaking Engagements

"Structuring Supply Chain Agreements: New Guidance on Prop 65 Compliance," Strafford Webinar, December 2018

"An Overview of California Prop 65 and its Recent Amendments," Synthetic Turf Council Meeting of New Members, Cleveland, Ohio, October 2018

"Emerging Legal Issues in the Synthetic Turf Industry: Impact Attenuation of Surfacing Materials," Synthetic Turf Council Board of Directors Meeting, Nashville, Tennessee, October 2017

"The Admissibility of Evidence of Subsequent Remedial Measures in Products Liability Litigation," Stericycle Advisory Board, Chicago, Illinois, July 2017

"Liability Implications in 3D Printing of Children's Products," Juvenile Products Manufacturers Association Annual Meeting, Anaheim, California, May 2017

"Investigation of Nursery Fires: Chemical Flame Retardants in Children’s Products," Defense Research Institute, Fire Science and Litigation Conference, Scottsdale, Arizona, November 2016

"The Truth About False Advertising," Juvenile Products Manufacturers Association Webinar, May 2016

"Diacetyl: Causation Issues in Chemical Exposure Cases," Harris Martin, Emerging Toxic Torts Conference, Long Beach, California, December 2015

"Admissibility of Post-Sale Product Changes," Defense Research Institute, Children's Products Panel Counsel Meeting, Las Vegas, Nevada, February 2015

Publications

"WARNING: California Prop 65 Amendments Take Effect on August 30, 2018," June 19, 2018 

"Weathering the Freeze: The CPSC's Response to the White House's New Regulatory Restrictions," February 8, 2017

"Co-sleeping Safely: A Guide to Current and Proposed Regulations of Bedside Sleepers," September 22, 2016 

"The First Baby Bed: A Guide to Current and Proposed Regulations of Bassinets," September 16, 2016

"The Modern Play Pen: A Guide to Current and Proposed Regulations of Play Yards," September 7, 2016

"Appellate Victory of Children's Products Manufacturer Shows the Importance of Understanding State Products Liability Laws," July 19, 2016 

"Toxic Substances Control: Past, Present and Future," June 28, 2016

"Flame Retardants: A Guide to Current State Regulations," June 14, 2016

"New York, New York: The Status of Regulation of Children's Products in the Empire State," May 2016

"FDA Regulation of E-Cigarettes: The What, When, and Warnings," May 2016

"Vermont GMO Food Labeling — Is Your Label Ready?," May 2016

"The Continuing Saga Surrounding Magnet Sets: Proof of the CPSC's Determination to Eradicate Hazards to Children," April 2016

"Federal Judge Prohibits Novelty Toy Seller From Selling Products Containing Recalled Magnets," March 2016

"Children's Products: Safety Regulations Governing Rattles and Magnet Sets," March 2016

"2016 Emerging Issues in the Children's Products Industry," February 2016

"Children's Products: An Analysis of Small Parts Regulation and Choking Hazards," January 2016

"Children's Products and the Consumer Product Safety Improvement Act – A Synopsis of the Rules and Regulations Governing Toy Safety," September 2015

Juvenile Products Manufacturers Association/Defense Research Institute State Liaison Report – "Summary of Child Product Liability Laws for US and Canada," prepared Missouri law section in 2013-2015

Professional & Civic Activities

Professional & Civic Activities

Served as a volunteer judge of the Collegiate Mock Trial Tournament at Washington University School of Law in St. Louis in 2014

Juvenile Products Manufacturers Association (JPMA)

ASTM International - Member of Committee on Consumer Products (F15) and Committee on Sports Equipment, Playing Surfaces, and Facilities (F08), including all juvenile products subcommittees

Defense Research Institute (DRI), including memberships in the Children's Products and Women in the Law subcommittees

The Missouri Bar

Bar Association of St. Louis, Missouri

Louisiana Bar Association

Admissions

  • Louisiana, 1997
  • Missouri, 2005
  • Eastern District of Missouri, 2005
  • Western District of Missouri, 2011
  • Southern district of Illinois, 2015

Education

Loyola University, J.D., 1997

Canisius College, B.S., Management and Marketing, cum laude, 1994

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