Harry M. Byrne

Representative Matters

Products Liability

• Obtained an order finding that federal law preempted all claims against the L. Perrigo Company, a generic manufacturer of pharmaceutical products, in a products liability action involving wrongful death claims arising from the ingestion of a generic over-the-counter medication manufactured by Perrigo.

• Secured summary judgment and the complete dismissal with prejudice of all claims against Baxter Healthcare Corporation in a products liability matter involving personal injuries allegedly caused by biologic hernia mesh patch.

• Secured the dismissal of Penske Truck Leasing, Co., L.P. in an action alleging products liability and negligence claims against Penske resulting from the alleged failure to select optional safety features on a leased Penske vehicle.

• Defended Baxter Healthcare Corporation in a products liability matter that involved a claim of product defect in their flagship dialysis products and obtained complete dismissal of all claims with prejudice. Baker v. Baxter Healthcare Corporation et al.  Indiana Superior Court, LaPorte County, 2020

• Representation of manufacturers of implanted medical devices and biologics in hundreds of product liability cases nationwide, in individual and consolidated proceedings.

• Successfully argued a motion for summary judgment on behalf of Wright Medical Technology, Inc. in bellwether action in California consolidated proceedings, resulting in dismissal of punitive damages claim. Ted Washington v. Wright Medical Technology, Inc. (California Superior Court, JCCP 4710).

• Representation of Class I railroads in the defense of claims alleging traumatic injury, wrongful death, and mass actions arising from claims of occupational exposure and cumulative injury, as well as in crossing and trespasser-related accidents.

• Defended Class I railroad in trespasser cases alleging personal injury. Martinez v. CSX Transp., Inc., No. 13-cv-7305 (E.D. Pa.); Witcher v. CSX Transp., Inc., No. 17-cv-4563 (E.D. Pa.); and Ward v. CSX Transp., Inc., No. 19-cv-01029 (E.D. Pa.).

• Won a motion for judgment on the pleadings on behalf of CSX Transportation, Inc. in a wrongful death action filed against CSX and SEPTA. Hutchinson v. CSX Transportation, Inc. and SEPTA, Bucks County 2018.

• Won a motion to dismiss for forum non conveniens, on behalf of Penske Logistics, in a wrongful death action. Estate of Russell v. Penske Logistics, Philadelphia County, Common Pleas 2021.

• Obtained the dismissal of a Class I railroad for lack of standing in wrongful death case involving claims of occupational exposure. Long v. CSX Transportation, Inc.

Commercial Litigation

• Won a motion for summary judgment on behalf of a commercial loan servicer, resulting in a finding that the defendant had breached three guaranty agreements arising from an $81.5 million commercial loan. Wilmington Trust, N.A. v. Hajjar, S.D.N.Y. 2021.

• Obtained an order vacating and dissolving an ex parte temporary restraining order entered an employee of Stevens Insurance. The Court then dismissed a subsequent motion for a preliminary injunction, leading the plaintiff to voluntarily dismiss their claims. ECBM, LP v. Chance, E.D. Pa. 2020.

• After a two day injunction hearing, obtained a settlement on behalf of The Graham Company in which the company received a favorable settlement and consent injunction. The Graham Company v. Lockton Companies and Keith, E.D. Pa. 2016.

• After a three day injunction hearing, secured the denial of a motion for a preliminary injunction filed against Globus Medical, Inc. and four Globus employees by their former employer, for alleged violations of the employees’ non-competition agreements. DePuy Synthes v. Globus Medical et al., Chester County Common Pleas, 2015.

Pro Bono

• Prevailed on a benefits appeal for US Navy Veteran and, on remand, obtained an award of back-dated benefits for the veteran, in addition to an increased monthly rate of future benefits.

• Obtained the plenary guardianship of a 21-year-old disabled woman in a pro bono representation on behalf of her mother and primary caregiver.

• Represented the Pennsylvania Bar Association as an amicus curiae in a case before the Pennsylvania Supreme Court.

Admissions

• Pennsylvania
• New Jersey
• U.S. District Court for the Eastern District of Pennsylvania
• U.S. District Court for the District of New Jersey
• U.S. District Court for the Eastern District of Wisconsin
• U.S. District Court for the Eastern District of Arkansas
• U.S. District Court for the Western District of Arkansas

Education

• Villanova University Charles Widger School of Law, J.D., magna cum laude, 2011
• The Pennsylvania State University, B.A., 2008

Experience

• Duane Morris LLP
  - Partner, 2022-present
  - Associate, 2013-2021
• Superior Court of Pennsylvania
  - Law Clerk to the Hon. Susan Peikes Gantman, 2011-2013

Professional Activities

• International Association of Defense Counsel
• Defense Research Institute

• 2018 National Trial Advocacy College

• St. Joseph's Prep Alumni Association

Honors and Awards

• Named to Best Lawyers "Ones to Watch," 2023 and 2024

Selected Publications

• Co-author, "Collision Mitigation Systems – With Innovation, Comes Litigation." International Association of Defense Counsel Product Liability Digest, December 14, 2023

Selected Speaking Engagements

• Presenter, "Lessons Learned from Recent Headlines and Court Rulings on Products Liability Cases Across Industries," Duane Morris COVID-19: Navigating Forward Webinar Series, April 22, 2021

• Presenter, "Learn from the Experts: How to Leverage Scientific Experts to Develop Case Strategies," DRI Drug and Medical Device Conference, November 5, 2020