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. He was trial counsel in Tadai v. Eli Lilly and Co. (Los Angeles Superior Court), which resulted in a defense verdict in November 2011.
Mr. Vale has played a major role in MDLs in which Pepper was national counsel: In Re: CertainTeed Fiber Cement Siding Litig., MDL 2270; In Re: Avandia Marketing, Sales Practices and Prods. Liab. Litig., MDL 1871; In Re: Human Tissue Prods. Liab. Litig., MDL 1763; In Re: Zyprexa Prods Liab. Litig., MDL 1596; In Re: Orthopedic Bone Screw Prods Liab. Litig., MDL 1014; TMJ Litigation, MDL 1001.
Mr. Vale has defended both personal injury and economic loss cases involving drugs and devices, for example:
- Personal injury: In Re: Avandia Marketing, Sales Practices and Products Liab. Litig., 2009 U.S. Dist. LEXIS 15210 (E.D. Pa. Feb. 25, 2009) (federal jurisdiction); Ortenzio v. Eli Lilly & Co., 2009 U.S. Dist. LEXIS 47573 (E.D.N.Y. June 1, 2009) (summary judgment); Clark v. Eli Lilly & Co., 2009 U.S. Dist. LEXIS 46570 (E.D.N.Y. May 29, 2009) (summary judgment); 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).
- Consumer class, third party payor and state attorney general cases: D’Apuzzo v. SmithKline Beecham Corp., 2014 U.S. App. LEXIS 20410 (3d. Cir. Oct. 21, 2014) (dismissing consumer class action brought under New Jersey law); Dumpson v. SmithKline Beecham Corp., 564 Fed. Appx. 672 (3d Cir. Apr. 25, 2014) (dismissing consumer class action brought under California law); Schrank v. SmithKline Beecham Corp., 2013 U.S. Dist. LEXIS 96768 (E.D. Pa. July 10, 2013) (dismissing consumer class action brought under New York law); County of Santa Clara v. GlaxoSmithKline, 2011 U.S. Dist. LEXIS 124458 (E.D. Pa. Oct. 26, 2011) (granting motion to dismiss in part); UFCW Local 1776 & Participating Employers Health & Welfare Fund v. Eli Lilly and Co., 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) (finding federal jurisdiction over State’s action).
Mr. Vale is the co-author of Beck and Vale, Drug and Medical Device Product Liability Deskbook (Law Journal Press).
His publications also include the following:
- “The ‘Palmetto Put-Down’ Endangers Drug Cos. Nationwide” (co-author), Law360 (March 12, 2015)
- Vale and Lane, “The Louisiana Supreme Court’s Decision in Caldwell v. Janssen and the Broader Implications,” Pharmaceutical Law & Industry Report (February 19, 2014)
- Vale, “Can a State Impose Civil Penalties on a Drug or Device Company for Using a Federally-Approved Label?” 11 PILR (BNA) 1238 (Oct. 11, 2013)
- 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:
- “Fighting Back Against Overbroad or No Injury Class Actions: Strategies for Drug and Medical Device Defense Counsel to Effectively Defeat Certification” (panelist), ACI Drug and Medical Litigation Conference (December 9, 2014)
- “Off-Label Promotion of Pharmaceuticals: Application of the False Claims Act and Consumer Protection Act to Promotional Strategies” (panelist), American Bar Association Section of Antitrust Law’s Seminar (January 11, 2013)
- “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 is currently on the Pennsylvania Super Lawyers list and has been recommended in The Legal 500 United States. He is an adjunct professor at Temple University School of Law, where he teaches civil procedure.
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. He was president of the British American Chamber of Commerce of Greater Philadelphia in 1994-96.
Mr. Vale serves on the Planning Commission of Lower Merion Township and on the board of the Interfaith Hospitality Network of the Main Line.
Mr. Vale received his LL.B. from the University of Exeter in 1972, was called to the bar in England in 1974, and practiced in London until 1977. He attended the University of Pennsylvania Law School in 1977-78, and was admitted to the bar in Pennsylvania in 1978. 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.
LL.B. 1972 University of Exeter (England)
1977-78 University of Pennsylvania Law School
Admitted to practice in Pennsylvania