Overview

Elizabeth McNulty defends manufacturers in complex catastrophic injury and fatality litigation.  She defends class action and mass tort claims, relating to a variety of consumer products, in both federal and state courts. In addition, she oversees national and regional counsel defense programs put in place to manage repetitive litigation involving design, manufacture, and warnings defect claims.

In her regulatory and environmental practice, Elizabeth defends clients against Proposition 65, asbestos, toxic tort and other environmental exposure claims.

Experience

Elizabeth has significant experience defending catastrophic injury and fatality cases, representing manufacturers in diverse industries such as automobiles, motorcycles and off-road vehicles, sports equipment, recreational and towing products, construction and industrial equipment, and other consumer products. Elizabeth has also represented clients in the pharmaceutical, healthcare and medical industries.

In addition to defending manufacturers in litigation, Elizabeth works proactively with her clients on the development and defense of product warranties, consumer and best practice manuals, warnings and alternative dispute resolution mechanisms, and provides advice to ensure regulatory compliance at the state and federal levels.

In her regulatory and environmental practice, Elizabeth defends clients against Proposition 65, asbestos, toxic tort and other environmental exposure claims. She regularly works on behalf of her clients with state and federal environmental agencies, including the U.S. Environmental Protection Agency (EPA), Consumer Product Safety Commission, the California EPA, Department of Toxic Substance Control, OEHHA and the Southern California Air Quality Management Board.  She provides compliance advice and program management guidance for the ever changing state, national and international chemical and toxin regulations including the Consumer Product Safety Improvement Act of 2008, the Lacey Act, California’s Proposition 65, California’s Green Chemistry Initiative, the Toxic Substances Control Act and other related federal and state regulatory issues.

Elizabeth also handles commercial litigation involving breach of contract, business-related torts, breach of warranty, covenants not to compete, and confidentiality issues.

Publications

  • California’s Proposition 65: The Target is Moving — Will it Land on You?
  • Regulation and Litigation Surrounding ECigarettes
  • Proposed Changes to Proposition 65 Provide Limited Benefit to Business
  • Supreme Court Arbitration Decisions: A Reminder to Draft Contracts and Arbitration Provisions with Care, Co-author, The Voice, Defense Research Institute, September, 2013
  • The Act of Unintended Consequences: The Consumer Product Safety Improvement Act of 2008, Co-author, OC Lawyer Magazine, September, 2009

Presentations

  • Co-Presenter, Concussions and TBI in Youth Sports: Effective Risk Management, NSM West Coast Advisory Council, Newport Beach, California, 2016
  • Presenter, How Smart Is the New Smart? Impact of Advanced Technology Substituting for Human Judgment, Defense Research Institute, New Orleans, Louisiana, 2016
  • Presenter, Keeping Up With the U.S. Consumer Product Safety Commission (CPSC): Current Expectation & Trends, Sports & Fitness Industry Association, New Orleans, Louisiana, 2016
  • California’s Proposition 65: The Target is Moving –Will it Land on You?, ACC, San Francisco, CA, 2015
  • Co-Presenter, Product Liability in Transition: The Next Generation Trial Attorney, Product Liability Advisory Panel, 2015
  • Regulatory pitfalls: An update on hot topic regulatory changes in California, ASTM Annual Meeting, Anaheim, California, May 20, 2015
  • Presenter, Regulatory pitfalls: An update on hot topic regulatory changes at the federal and state levels, ABA Webinar, January 21, 2015 - Present
  • Presenter, Hockey Sticks or Baseball Bats, Eh? The Top Five List of Regulatory Differences Between the United States and Canada, Sports & Fitness Industry Association Legal Summit, Scottsdale, Arizona, 2014
  • Presenter, Hazardous Propositions? Accounting for the Impact of Prop 65 and other State Initiatives on Compliance Needs and Potential Causes of Action, Consumer Products Regulation and Litigation, American Conference Institute (ACI), Chicago, Illinois, 2013
  • Presenter, The Next 50 Years – Moving Towards a New Era of “Greener” and “Safer” Products, Sporting Goods Manufacturers Association (SGMA), Las Vegas, Nevada, 2012
  • Presenter, What You Don’t Know Can’t Hurt You – Lesser Known Regulations in the US and Canada that Your Company Needs to Know About, Sporting Goods Manufacturers Association (SGMA), New Orleans, Louisiana, 2011
  • Presenter, No, I’m Not the Court Reporter, American Bar Association, Scottsdale, Arizona, 2010
  • Presenter, The CPSIA: What Does the Future Hold?, International Halloween, Costume and Party Show, Chicago, Illinois, 2010
  • Presenter, Danger Abounds for Sporting Goods and Fitness Manufacturers with the New Consumer Product Safety Improvement Act of 2008, Sporting Goods Manufacturing Association (SGMA), October 5, 2008
  • Presenter, Auto Collision Cases – A to Z: The Basics of Auto Collision Cases – Defense Perspective, Consumer Attorneys Association of Los Angeles (CAALA), 26th Annual Las Vegas Convention, August 29, 2008
  • Presenter, Supersize My Seatbelt – Wait, What About the Kids?, 2008 Emerging Issues in Motor Vehicles Product Liability Litigation Seminar, Arizona Biltmore Resort and Spa, Phoenix, Arizona, April 11, 2008

Professional Affiliations

  • American Bar Association
  • Defense Research Institute
  • ASTM Committee Member
  • Sports and Fitness Industry Association
  • Legal Task Force Member
  • Product Liability Advisory Council
  • Robert Baynard Inns of Court

Past Employment

  • Archer Norris
  • Hewitt Wolensky, McNulty
  • Snell & Wilmer
  • Murtaugh, Miller, Meyer and Nelson, L.L.P.
  • Baker, Silberberg and Keener
Education
  • University of San Diego School of Law, San Diego, California
    • J.D. - 1997
  • University of California
    • B.A. - 1994
    • Major: English
Bar Admission
  • California
Court Admission
  • U.S. District Court Central District of California
  • U.S. District Court Northern District of California
  • U.S. District Court Southern District of California
Honors and Awards
  • Rising Star, Southern California Super Lawyers, 2004 - 2012
  • Southern California Super Lawyers, 2016 - Present
  • AV Rated, Martindale Hubbell
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