2011 Super Lawyers Pro Bono Award
Attorney Profile

Janet G. Abaray

Janet Abaray

Burg, Simpson, Eldredge, Hersh & Jardine, P.C.
312 Walnut Street, Suite 2090
Cincinnati, OH 45202

Cincinnati

Ohio (OH)

Contact Contact Janet G. Abaray
T: 513-852-5600
F: 513-852-5611

Visit: www.burgsimpson.com
Practice Areas: Personal Injury Plaintiff: Products (40%), Class Action/Mass Torts (40%), Business Litigation (20%)

Personal Injury Plaintiff: Products

Class Action/Mass Torts

Business Litigation

Industry Groups: American Association For Justice

Profile

Janet Gilligan Abaray is the managing shareholder for the Cincinnati office of Burg Simpson Eldredge Hersh & Jardine, P.C.  She received her Bachelor of Arts degree from the University of Cincinnati, graduating Phi Beta Kappa and summa cum laude.  She graduated Order of the Coif from the University of Cincinnati School of Law where she was Business Manager of the Law Review.  She is admitted to practice before the Supreme Court of the United States, the Supreme Court of Ohio, the United States Courts of Appeals for the Third, Sixth, Tenth and Eleventh Circuits and many United States District Courts.  Ms. Abaray has litigated extensively in the area of pharmaceutical products liability, beginning her career as defense counsel for Merrell Dow Pharmaceuticals, Inc. in the Bendectin products liability class action and multi-district litigation (MDL), where she acted as third chair trial counsel. Since 1987, she has represented plaintiffs in many over-the-counter and prescription drug cases, including the L-Tryptophan MDL, the Copley Albuterol class action and MDL, where she acted as co-lead trial counsel, and the Fen-Phen/Redux diet pill class action and MDL, where she acted as co-lead counsel for plaintiffs at the Interneuron class action fairness hearing.  Ms. Abaray has served as Co-Lead Counsel for Plaintiffs in the Ortho Evra Birth Control Patch Multidistrict Litigation and as a member of the Executive Committee for the Heparin Product Liability Multi-District Litigation, both in the Northern District of Ohio.  In 2004, she was appointed to the Plaintiffs' Coordinating Committee for the Ephedra Products Liability Multidistrict Litigation pending in the Southern District of New York and was later named Liaison Counsel for Plaintiffs.  Ms. Abaray also represents plaintiffs in many insurance and contract disputes. She was the co-lead trial counsel on behalf of 8000 farmers in the Chubb drought insurance class action litigation, participated as trial counsel on behalf of 2000 Cincinnati area physicians in the ChoiceCare HMO litigation, and represented Cincinnati area newspaper carriers in consolidated actions against the Cincinnati Enquirer. She represented 40,000 season ticket holders of the Cincinnati Bengals football team in a successful class action concerning their seat licenses in Paul Brown Stadium. Ms. Abaray has established national precedent in the area of employment discrimination, successfully arguing in litigation against Ernst & Young to broaden the scope of persons protected by the federal age discrimination statute. 

Selected To

Ohio Super Lawyers 2012
Ohio Super Lawyers 2011
Ohio Super Lawyers 2010
Ohio Super Lawyers 2009
Ohio Super Lawyers 2008
Ohio Super Lawyers 2007
Ohio Super Lawyers 2006
Ohio Super Lawyers 2005

About Janet Abaray

Admitted: 1982, Ohio

Professional Webpage: www.burgsimpson.com/attorney-abaray.html

Honors and Awards:

  • Top 100 Attorney, American Trial Lawyers Association 2008; 2009; Distinguished Service Award, Ohio Academy of Trial Lawyers, 1998, 2010; Phi Beta Kappa 1978; Order of the Coif 1982; Business Manager, University of Cincinnati Law Review, 1981-1982.

Bar/Professional Activity:

  • BAR ADMISSIONS: Ohio; U.S. Supreme Court; U.S. Courts of Appeal, Sixth, Third, Tenth and Eleventh Circuits; U.S. District Courts, Northern and Southern Districts of Ohio; U.S. District Court, Central District of Illinois.  PROFESSIONAL AFFILIATIONS: American Trial Lawyers Association; Cincinnati Bar Association; Ohio Bar Association; American Bar Association; Federal Bar Association (Member, Annual Convention Committee, 2004); American Association for Justice.

Scholarly Lectures and Writings:

  • Review of reliable evidence, FDA criteria and "gold standard" of proof in prescription drug litigation., Proof of Causation in Prescription Drug Litigation
  • Because patients now play an active role in their medical care decisions and drug companies have many means to communicate risks and benefits directly to patients, the rationale for imposing the "learned intermediary" defense no longer applies. , Author, Modern Realities Render the Learned Intermediary Doctrine Obsolete, ABA, Section of Litigation, Products Liability Vol 21, No.1, 2010

Educational Background:

  • J.D., 1982, University of Cincinnati School of Law; B.A., 1979, University of Cincinnati, McMicken College of Arts & Sciences, summa cum laude.
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