Dana J. Ash is chair of the Products Liability and Toxic Torts division of Duane Morris' Trial Practice Group and serves as a team lead for the Duane Morris Life Sciences and Medical Technologies industry group. Mr. Ash practices in the areas of products liability and business litigation and has conducted trials in state and federal courts across the United States. In addition to extensive court trials, Mr. Ash has handled numerous mediations and litigated arbitration claims under the auspices of the American Arbitration Association and the International Chamber of Commerce. He represents medical device manufacturers nationally in products liability matters, and in commercial disputes with suppliers and customers. Mr. Ash has served as lead trial counsel for clients in consolidated products liability claims involving medical devices and biologics, including human tissue products, in both federal (multidistrict litigation ("MDL")) and state court venues, including California, West Virginia and Arizona. Mr. Ash also employs his medicolegal experience defending physicians, hospitals and health maintenance organizations in medical malpractice and other licensing claims. Mr. Ash also handles matters involving complex commercial contracts (including asset purchase agreement and partnership agreement disputes), shareholder disputes, landlord and tenant lease disputes, intellectual property disputes (including trademark and trade secret claims) and other business-related disputes. Mr. Ash also handles a wide range of employment matters involving noncompete and confidentiality agreements.
Admitted to practice in Pennsylvania, New Jersey and West Virginia, he is a member of the Philadelphia Bar Association and the Defense Research Institute. Mr. Ash is a 1997 graduate of the University of Pennsylvania Law School and a graduate of Dartmouth College.
- Obtained a defense verdict on all counts following a two week jury trial for a global medical device manufacturer facing claim that metal-on-metal hip implant products were unreasonably dangerous. Donald S. DeLine v. Wright Medical Technology, Inc., et al., No. 14SL-CC01443, Mo. Cir., St. Louis Co. (2016), affirmed 540 S.W.3d 441 (Mo. Ct. App. 2018).
- Represents manufacturers of medical implant devices and biologics in numerous product liability cases nationwide, both in individual and consolidated proceedings.
- Obtained dismissal of all charges against a physician following trial in one of first standard of care disciplinary actions brought by the Pennsylvania Board of Medicine.
- Obtained summary judgment in favor of a health maintenance organization on HMO liability claim
- Obtained jury verdict in favor of international jewelry retailer Tiffany & Co. in $45 million copyright infringement suit
- Obtained defense jury verdict in favor of large national accounting firm in $14 million accounting malpractice suit
- Represented global electronics manufacturer in international arbitration against foreign microprocessor developer in dispute over intellectual property licensing rights
- Represented construction contractor organizations before the Supreme Court of Pennsylvania to obtain unanimous reversal of Commonwealth Court decision relating to public school construction; decision under Mechanical Contractors Association of Eastern Pennsylvania v. Commonwealth of Pennsylvania, 934 A.2d 1262 (Pa. 2007).
- Part of team that represented the Attorney General of Pennsylvania in landmark litigation against tobacco industry, which resulted in settlement in excess of $13 billion for Pennsylvania
Areas of Practice
- Medical Device Products Liability
- Medical Malpractice
- Business Litigation
- Intellectual Property Litigation
- New Jersey
- West Virginia
- Supreme Court of Pennsylvania
- Supreme Court of New Jersey
- Supreme Court of West Virginia
- U.S. District Court for the Eastern District of Pennsylvania
- U.S. District Court for the Middle District of Pennsylvania
- U.S. District Court for the District of New Jersey
- U.S. District Court for the Western District of Michigan
- U.S. District Court for the Eastern District of Wisconsin
- U.S. District Court for the Western District of Wisconsin
- U.S. District Court for the Eastern District of Arkansas
- U.S. District Court for the Western District of Arkansas
- U.S. District Court for the Northern District of Indiana
- U.S. District Court for the Southern District of Indiana
- U.S. District Court for the District of Colorado
- U.S. District Court for the Central District of Illinois
- U.S. Court of Appeals for the Third Circuit
- U.S. Court of Appeals for the Seventh Circuit
- U.S. Court of Appeals for the Eleventh Circuit
- University of Pennsylvania Carey Law School, J.D., 1997
- Dartmouth College, B.A., cum laude, 1994
- Duane Morris LLP
- Partner, 2006-present
- Associate, 1997-2005
- Philadelphia Bar Association
- Defense Research Institute
Civic and Charitable Activities
Board of Directors, Lantern Theater Company, Philadelphia, PA
- Co-author, "Spate of FDA and FTC Warning Letters Sets Stage for Wave of False Advertising Consumer Class Action Lawsuits," Duane Morris Alert, December 11, 2019
- Co-author, "FDA Proposes Labeling Recommendations for Complications Linked to Breast Implants," Duane Morris Alert, October 25, 2019
Co-author, "Much of Oklahoma's $572 Million Opioid Case Likely to Be Replicated Elsewhere, But Unique Cause of Action May Not," Duane Morris Alert, August 28, 2019
- Mentioned in "Device Maker Gains Defense Verdict in Hip Implant Case," National Law Journal, November 8, 2016