Anthony Vale

Anthony Vale has been a partner in the Litigation Department of Pepper Hamilton LLP since 1986. He has many years experience in complex litigation involving pharmaceuticals, medical devices and other products, including trial and conduct of evidentiary hearings. He has defended personal injury cases, and litigation where state attorneys general or private plaintiffs asserted claims of fraudulent marketing and pricing under RICO or state consumer protection statutes.

Mr. Vale has represented defendants in the following litigation:

• medical device cases in which Pepper was national counsel, including In Re: Human Tissue Prods. Liab. Litig., (MDL 1763), In Re: Orthopedic Bone Screw Prods Liab. Litig., (MDL 1014) and TMJ Litigation (MDL 1001). Among cases he argued are: In Re: Human Tissue Prods. Liab. Litig., 582 F. Supp. 2d 644 (D.N.J. 2008) (granting Daubert motions and entering summary judgment); Sarrazine v. Garzone Funeral Home, Inc., 959 A.2d 982 (Pa. Super. Ct. 2008) (affirming dismissal of emotional distress claim); In Re: Orthopedic Bone Screw Prods. Liab. Litig., 159 F.3d 817 (3d Cir. 1998), rev’d, 531 U.S. 341(2001) (no cause of action for fraud-on-the-FDA); Theriot v. Danek Medical, Inc., 168 F.3d 253 (5th Cir. 1999) (affirming summary judgment for lack of alternate design)
• pharmaceutical cases in which Pepper was national counsel, including In Re: Avandia Marketing, Sales Practices and Prods. Liab. Litig., MDL 1871 and In Re: Zyprexa Prods Liab. Litig., MDL 1596. He was trial counsel in Tadai v. Eli Lilly and Co. (Los Angeles Superior Court), which resulted in a defense verdict in November 2011. Among the cases he argued are: County of Santa Clara v. GlaxoSmithKline, 2011 U.S. Dist. LEXIS 124458 (E.D. Pa. Oct. 26, 2011) (granting motion to dismiss in part); Mulligan Law Firm v. Zyprexa MDL Plaintiffs’ Steering Comm. II, 594 F.3d 113, 115 (2d Cir. 2010) (denial of mandamus to consider challenge to limitations on plaintiffs’ counsel fees); Ortenzio v. Eli Lilly & Co., 2009 U.S. Dist. LEXIS 47573 (E.D.N.Y. June 1, 2009) (summary judgment granted); Clark v. Eli Lilly & Co., 2009 U.S. Dist. LEXIS 46570 (E.D.N.Y. May 29, 2009) (summary judgment granted); In Re: Avandia Marketing, Sales Practices and Products Liab. Litig., MDL 1871, 2009 U.S. Dist. LEXIS 15210 (E.D. Pa. Feb. 25, 2009) (federal jurisdiction); UFCW Local 1776 & Participating Employers Health & Welfare Fund v. Eli Lilly and Co., 253 F.R.D. 69 (E.D.N.Y. 2008) (class certification in third party payor litigation) and 493 F. Supp. 2d 571 (E.D.N.Y. 2007) (summary judgment), rev’d, 620 F. 3d 121 (2d Cir. 2010) (reversing class certification and holding Lilly entitled to summary judgment); Pennsylvania Employee Benefits Trust Fund v. Eli Lilly and Co., April Term 2007 No. 2970 (Phila. Co. 2009) (granting summary judgment in payor case); State of Louisiana, ex rel. Charles C. Foti, Jr. v. Eli Lilly and Co., 375 F. Supp. 2d 170 (E.D.N.Y. 2005) (federal jurisdiction)
• numerous other cases involving:  PPA, Thorotrast, allograft (including trial) intraocular lenses, an Automix compounder, spinal discs, fiber cement siding, silica, asbestos (including trial), various chemicals and medical malpractice insurance, and pro bono prisoner cases (including trial).

Mr. Vale’s publications include the following:

• Beck and Vale, Drug and Medical Device Product Liability Deskbook (Law Journal Press)
• Vale and Albright, “Communicating With Class Members: When Will the Courts Intervene?” 4 BNA Class Action Litig. Rptr. 434 (June 13, 2003).
• Vale and Cline, “Stigma and Property Contamination – Damnum Absque Injuria,” Tort & Insurance Law Journal, Volume 33, Number 3 (Spring 1998)
• Vale and Carpenter, “Class Actions in Personal Injury Litigation: At A Crossroads,” 30 Gonz. L. Rev. 599 (1995).

Mr. Vale is a regular speaker at seminars and conferences, and he has made presentations at the following recent programs:

• “Current Issues in Multidistrict Litigation,” HarrisMartin Publishing, Philadelphia (September 2011)
• “The New AG Case: Defending Cases Where There Is an Alliance Between an Attorney General and the Plaintiffs’ Bar,” DRI Drug & Device Seminar (May 2010)
• “Drug and Medical Device Preemption, ” ACI Conference (June 2009 and July 2008)
• “Master’s Lecture on Product Liability,” American Association of Bariatric Surgeons (June 2006)
• “The Class Action Fairness Act: Implications for Drug and Device Companies,” DRI Annual Meeting (October 2005).

Mr. Vale was chair of the Toxic Tort and Environmental Law Committee of the American Bar Association’s Tort Insurance Practice Section in 2001. He is a member of the International Association of Defense Counsel and was chair of its Class Action and Multiparty Litigation Committee in 2002-04.

Mr. Vale is currently on the Pennsylvania Super Lawyers list. He is an adjunct professor at Temple University School of Law, where he teaches civil procedure.

Mr. Vale was president of the British American Chamber of Commerce of Greater Philadelphia in 1994-96. He serves on the Planning Commission of Lower Merion Township and on the board of the Interfaith Hospitality Network of the Main Line.

Mr. Vale is admitted to practice before the United States Supreme Court, the Second, Third, Fifth and Eleventh Circuit Courts of Appeal and several federal district courts.

Education
LL.B. 1972 University of Exeter (England)
1977-78 University of Pennsylvania Law School

Bar Admissions
Admitted to practice in Pennsylvania