Marilyn A. Moberg

Marilyn is a member of the firm’s Life Sciences Health Industry Group. For over three decades, she has defended companies in commercial disputes, product liability litigation, toxic tort litigation, regulatory proceedings, and arbitrations in the United States and internationally.

Marilyn has served as national coordinating counsel on numerous high-profile actions, including multidistrict proceedings. Marilyn has facilitated discovery efforts, formulated litigation strategy, retained and prepared expert witnesses in a variety of medical and scientific disciplines, prepared and argued dispositive and pre-trial motions, and acted as trial counsel.

Marilyn’s experience includes cases involving industrial, medical, and chemical products, including vaccines, silicone gel breast implants, natural rubber latex gloves, combination hormonal contraceptives, hernia and transvaginal mesh, orthopedic hip, knee, and shoulder implants, welding consumables, aviation parts and products, talc, and benzene.

Marilyn is also well versed and experienced in handling claims involving branded and generic pharmaceutical and medical device companies, including: pre-clinical and clinical development; New Drug Application and Abbreviated New Drug Application regulatory approval and related preemption issues; design and manufacturing regulations; product labeling and licensing; and product launch and sale. Marilyn often puts her three-plus decades of litigation experience to work assisting clients with early case evaluations, product risk assessments, and pre-marketing evaluations.

Marilyn also handles complex commercial litigation for the firm’s clients, including international arbitrations, False Claims Act matters, and contract disputes. She served as a prosecutor in the Alameda County District Attorney’s Office and has been an instructor and a judge at the firm’s trial training program.

As an active advocate for the advancement of women lawyers, Marilyn rigorously involves women on her teams and ensures that they interface with clients. She is a member of national women’s organizations and was a founding member of the firm’s women’s initiative, which has received national recognition.

Marilyn’s work on behalf of her clients and the accomplishments of the teams she has led have been specifically recognized in the following honors and media coverage:

The American Lawyer, Product Liability Department of the Year
The Legal 500, U.S. Product Liability Defense Team of the Year
The Recorder, Litigation Department of the Year, Product Liability Finalist

Experience

Representative matters

National counsel for C.R. Bard in MDL 2846, In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, comprised of over 20,000 cases (nation's third largest MDL).

Co-chaired first bellwether hernia mesh trial in MDL 2846, resulting in a complete defense verdict following a six-week trial (July 19, 2021 to September 8, 2021). Case contained allegations of negligent and strict products liability failure to warn and design defect, breach of express warranty, fraud, negligent misrepresentation, and punitive damages. Johns v. C.R. Bard, Inc., et al. (Case No. 2:18-cv-01509, S.D. Ohio).

Co-chaired second bellwether hernia mesh trial in MDL 2846 for a four-week trial (March 21, 2022 to April 15, 2022). Case contained allegations of negligent and strict products liability design defect, negligent failure to warn, negligent misrepresentation, fraudulent misrepresentation, loss of consortium, and punitive damages. Milanesi, et al. v. C.R. Bard, Inc., et al. (Case No. 2:18-cv-01320, S.D. Ohio)

National counsel for C.R. Bard in MDL 2846, In re: Davol, Inc./C.R. Bard, Inc., Polypropylene Hernia Mesh Products Liability Litigation, comprised of over 20,000 cases (nation's third largest MDL).

Co-chaired third bellwether hernia mesh trial in MDL 2846 for a four-week trial (October 10, 2023 to November 8, 2023). Case contained allegations of negligent and strict products liability design defect and failure to warn, and punitive damages. Stinson v. C.R. Bard, Inc., et al. (Case No. 2:18-cv-01022, S.D. Ohio).

Represented HCR ManorCare in a billion-dollar False Claims Act case in which, after years of investigation, the U.S. Department of Justice conceded defeat and dismissed the case. The government had alleged that HCR ManorCare delivered unnecessary therapy to patients covered under Medicare Part A in its skilled nursing facilities. The case is U.S. ex rel. Ribik v. ManorCare Inc. et al. (E.D. VA).

Regional counsel for BASF Catalyst LLC in talc litigation. Co-chaired four week trial in Los Angeles Superior Court in case alleging mesothelioma.

Obtained a defense verdict after a four-week trial for Zimmer arising out of the use of orthopedic hip implant.

Defended international avionics manufacturer in multi district litigation (MDL) related to the June 2009 crash of Air France Flight 447 en route from Rio de Janeiro to Paris. All claims dismissed on forum non conveniens grounds.

Regional and trial counsel for Baxter Healthcare in factor concentrate litigation. Co-chaired twelve week trial in Los Angeles Superior Court.

Member of the national trial team for Allegiance in the latex glove coordinated litigation and lead counsel for the JCCP in San Diego Superior Court.

Member of the national trial team for 3M in the silicone gel breast implant coordinated litigation.

National counsel and trial team member for C.R. Bard, Inc. and Davol, Inc. in state cases and federal multidistrict litigation involving hernia mesh patches, transvaginal mesh, and stress urinary incontinence slings. Defense verdict in first hernia mesh patch case in the MDL to go to trial.

Defense liaison counsel for Wyeth in California coordinated vaccine litigation. All cases dismissed on preemption grounds.

Trial counsel in CA for manufacturers of welding consumables in multidistrict litigation of cases alleging exposure to fumes-caused injuries. Handled national expert witnesses and argued successful Daubert motions on warnings claims in the MDL.

Trial counsel for chemical manufacturer in cases alleging exposure to benzene in California.

Represented two LAPD officers in two-week personal injury trial in Federal Court arising out of helicopter crash.

Prosecuted multimillion-dollar breach of contract action for GE Healthcare’s medical diagnostic’s division arising out of failure of supplier to fulfill sales agreement for biologics.

Assisted Mylan Laboratories Limited in the defense of an International SAIC arbitration matter alleging breach of licensing and research agreements claiming damages in excess of USD 300 million. Claims dismissed in full.

Recognitions

Recognized by the 2026 Best Lawyers in America® guide for "Product Liability Litigation – Defendants"
Listed in Who’s Who Legal: Life Sciences – Product Liability, 2017

Credentials

Education

Santa Clara University School of Law, 1986, J.D., Dean’s List; Moot Court Honors Board, Editor, Santa Clara Law Review
University of California, San Diego, 1983, B.A., Communications, Dean’s List
Lewis and Clark College, 1979