John O’Donnell is a shareholder in the Business Litigation and the Industrial and Consumer Product Liability Groups in the Philadelphia office of Lavin O’Neil Ricci Cedrone & DiSipio. He has represented a number of Fortune 500 companies in both federal and state courts in many jurisdictions around the nation. In recent years, Mr. O’Donnell has focused his practice in the areas of commercial litigation, complex litigation involving class actions and mass torts and product liability matters.
After practicing law for over 20 years, Mr. O’Donnell has wide ranging experience. For example, he has represented automobile manufacturers in disputes with their dealers. These disputes often involve issues relating to relocation of the dealerships, change in the ownership or management structure of the dealerships, exercise of the right of first refusal to purchase by the manufacturer and/or termination of dealer agreements either involuntarily or by agreement.
Mr. O’Donnell’s class action experience includes representing automobile manufacturers in defending class action matters which have involved attempts to certify both statewide and nationwide classes of consumers that relate to allegations of product failure and warranty issues as well as class actions that involve issues relating to manufacturer/dealer relations. He also has experience in consumer class actions in fields other than the automotive industry
With respect to Mr. O’Donnell’s experience in product liability matters, those engagements have included defending both domestic and foreign automobile manufacturers in product liability lawsuits in state and federal courts located in approximately different 20 jurisdictions around the nation over the years. The types of matters include allegations of defect relating to restraint systems, fuel systems and electrical systems as well as rollover matters involving handling and stability and roof structure issues and side impact matters involving integrity of side structure and interior padding.
Examples of some of Mr. O’Donnell’s recent and more memorable cases include:
· Successfully representing an automobile manufacturer in a preliminary injunction matter brought by a dealer in New Jersey who was trying to breach the exclusivity provision of the dealer agreement and dual or operate franchises for a competing manufacturer in the same facility arguing that the recent economic crisis made the exclusivity provision an unreasonable restriction on the use of the dealer’s facilities in violation of the state’s automobile dealer franchise law. This victory helped the manufacturer maintain the strength of its dealer network and preserve the value of the brand in the event it became necessary to sell or spin-off the brand.
· Obtaining a declaratory judgment on behalf of an automobile manufacturer in a lawsuit against a dealer stemming from the rejection of the dealer’s proposal to relocate. The dealer had threatened litigation and in the pre-emptive declaratory judgment action, a federal judge in New York held that under the language of the dealer agreement the manufacturer had wide latitude to make decisions on proposed relocations basing its decision on network planning considerations using its business judgment. The decision upheld the language which is contained in all dealer agreements nationwide against the dealer’s challenge that it violated both federal and state dealer franchise statutes.
· Being part of the trial team that successfully defended a challenge to an automotive manufacturer’s program to provide advertising funds to local dealer marketing groups for use in local advertising. The program was challenged as violating the dealer franchise laws that existed in approximately 35 states across the nation. The potential exposure for the client approached one billion dollars. Mr. O’Donnell and the trial team were first successful in obtaining a jury verdict in favor of the manufacturer in a single dealer case pending in federal court in Pennsylvania. Shortly after that verdict, class actions were filed in four states. For the next several years, Mr. O’Donnell was involved with defending the class actions and one of his roles involved meeting with many dealers who were absent class members across the involved states and getting them to provide affidavits that were supportive of the challenged program. Although classes were certified, this leg work helped to get the case into a posture for a settlement that was very favorable to the client on the eve of what would have been a very long and expensive trial with a huge potential exposure.
· Being part of the trial team that successfully defended a wrongful death automotive product liability case involving a 16 year old decedent in state court in a very pro-plaintiff county of West Virginia. After a three week trial, the jury returned a verdict for the manufacturer only to have the case overturned on appeal by the West Virginia Supreme Court of Appeals. That opinion has become a leading product liability opinion in the State of West Virginia, Tracy v. Cottrell. The case was tried a second time and the second jury also found in favor of the manufacturer after a second three week jury trial
· Being part of the trial team that successfully defended an automotive product liability case involving unique issues relating to alleged exposure to mold growth in the HVAC system of a sports utility vehicle in which an entire family claimed was the causative factor for a myriad of medical conditions. The case was pending in the very plaintiff friendly jurisdiction of Cook County Illinois. The jury found in favor of the manufacturer after a three week trial.
· Successfully defending an engine manufacturer in a mass tort involving over 360 plaintiffs who claimed excessive noise from various types of defectively designed construction equipment caused them noise induced hearing loss. After almost ten years of litigation in the very pro-plaintiff jurisdiction of McDowell County, West Virginia, Mr. O’Donnell was successful in getting all of the cases dismissed with respect to his client except for one case where an insignificant nuisance value settlement was paid.
Mr. O’Donnell is a 1980 graduate of the University of Pennsylvania in Philadelphia where he earned a Bachelor of Arts degree in Political Science with a focus on American Government. After working for a few years in investment banking and law firm administration, Mr. O’Donnell returned to school and obtained a Juris Doctor degree in 1986 from Villanova Law School located in Villanova, Pennsylvania. At Villanova, Mr. O’Donnell was elected to the Moot Court Board for excellence in oral advocacy and brief writing in 1984 and was elevated to the Executive Committee of the Moot Court Board in 1985.
Mr. O’Donnell is admitted to the Bars of Supreme Court of Pennsylvania, the United States District Court for the Eastern District of Pennsylvania and the United States Court of Appeals for the Third Circuit. He is a member of the Philadelphia Bar Association and the Brehon Law Society.
Personal
In his spare time, Mr. O’Donnell enjoys golf, jogging and working out at his local gym. Helping those with Autism is a cause that is very close to his heart. He has been married to his wife Sally for almost 20 years and they have two children, Jeanne and John.
