Jennifer is the national co-chair of Shook’s Complex Litigation Strategic Counseling Group. Her practice is primarily dedicated to defending companies in complex product liability and class action litigation in state and federal courts throughout the country. She has represented manufacturers of a wide variety of products, including prescription and over-the-counter pharmaceuticals, medical devices, automotives, personal care products, consumer goods and chemicals.
A gifted strategist who sees the big picture, she has led litigation teams in both multidistrict litigation and individual cases. Jennifer’s substantive experience includes overseeing all aspects of mass litigation, from initial coordination, foundational discovery and case management orders, and pleading responses, through fact and expert discovery and motion practice, to bellwether selection and pretrial filings. She has also managed lawyers from multiple firms in a virtual law firm setting.
Jennifer’s significant litigation successes include pioneering the motion to dismiss and show cause strategy in the In re Zofran (Ondansetron) Products Liability Litigation, MDL No. 2657. She successfully argued numerous motions as part of this strategy, including on novel innovator liability issues, leading to the dismissal of more than 40% of the pending cases. Jennifer was also part of the team that drafted the motion for summary judgment on federal preemption grounds, which resulted in the dismissal of all remaining MDL cases. In addition, Jennifer has developed and implemented an early motion strategy in cases pending in state and federal jurisdictions, securing their dismissal before any discovery occurs.
Jennifer also advises clients on strategies to best minimize litigation risk, if not avoid litigation altogether. This includes conducting in-depth risk assessments on a variety of products and issues and negotiating favorable resolutions prior to filing.
Dedicated to pro bono service, Jennifer has represented families in adoption and guardianship proceedings throughout her career. She also serves on the board of directors for Kansas Legal Services, a non-profit law firm that provides equal access to justice for vulnerable Kansans, and previously served as board president.
Mentoring is important to Jennifer. She mentors numerous associates and serves on the firm’s Associates Committee.
Publications
InDepth Feature: Product Liability, Financier Worldwide, February 2022 (with Jennise Stubbs).
Postmarket Surveillance: The Truth Is Never Simple (Part 3 - Legal Issues), Medical Device and Diagnostic Industry, December 19, 2016 (with Kevin Ong, Michael Frobergh and John Constance).
Postmarket Surveillance: The Truth Is Never Simple (Part 2 - Manufacturer Considerations), Medical Device and Diagnostic Industry, December 16, 2016 (with Kevin Ong, Michael Frobergh and John Constance).
Postmarket Surveillance: The Truth Is Never Simple (Part 1 - Regulatory Requirements and Data Sources), Medical Device and Diagnostic Industry, December 13, 2016 (with Kevin Ong, Michael Frobergh and John Constance).
How To Fight The Rising Tide Of Cosmetic Class Actions, Law360, June 3, 2014 (with James Muehlberger).
Cosmetics Under Fire: Tips to Avoid FDA Scrutiny, Law360, November 30. 2012 (with Lori McGroder).
Ten Keys to Successfully Defending Mass Tort Products Liability Litigation, Association of Defense Trial Attorneys, 2007 (with Scott W. Sayler).
Multi-National and Multi-State Extraordinary Damages Survey, Kansas Section, International Association of Defense Counsel, 2006 (with Scott W. Sayler).
Presentations
Laying the Groundwork for Success: Key Strategies to Defend Complex Litigation, Update of the Law CLE Webinar, June 6, 2024 (with Adam Shoshtari).
Consumer Fraud, Warranty, & Class Opt Out Litigation Update, ABA Motor Vehicle Product Liability Litigation Conference, April. 11, 2024.
Focus Group on MDL Defense Strategies: Developing a Tactical Tool-Kit for Managing Unique MDL Challenges and Combatting Meritless Claims. ACI’s 27th Annual Conference on Drug & Medical Device Litigation. New York City, New York, December 5, 2022.
A New MDL: Issues to Consider in the First 100 Days, Update of the Law CLE webinar, June 2, 2022 (with John Lyons).
Ensuring Labeling Compliance and Assessing Impact of Labeling on Product Liability Litigation, American Conference Institute’s 8th Annual Summit on Biosimilars, New York City, New York, June 2017 (with Jessica Benson Cox).
Things I Wish I Knew About Depositions When I Started Practicing, Kansas Association of Defense Counsel Annual Conference, Kansas City, Missouri, December 2013 (with Lori McGroder).
Media
As Clients Seek Out ‘Dream Team’ From Multiple Law Firms, Shook Offers Strategy Counseling, ALM, January 26, 2024.