Mr. Oetheimer’s recent experience includes the representation of:
Products Liability and Mass Torts
- Teva Pharmaceuticals USA, Inc. in PLIVA, Inc. v. Mensing, finding federal preemption of state law tort claims against generic drug manufacturers under the Hatch-Waxman Amendments to the FDA Act. 131 S. Ct. 2567 (2011).
- Teva Pharmaceuticals USA in Morris v. PLIVA, Inc., and Johnson v. PLIVA, involving the prescription drug metoclopramide. The Louisiana federal district courts dismissed the plaintiffs’ claims under the Louisiana Products Liability Act and the U.S. Court of Appeals for the Fifth Circuit affirmed, holding that all of the plaintiffs’ generic drug claims are preempted by federal law under PLIVA, Inc. v. Mensing. 713 F.3d. 774 (5th Cir. 2013)
- Generic Drug Manufacturers in Strayhorn v. Wyeth Pharma, Inc., successfully arguing in the U.S. Court of Appeals for the Sixth Circuit that the plaintiffs’ design defect and warning claims are preempted by federal law. 737 F.3d 378 (6th Cir. 2013).
- The Generic Pharmaceutical Association in an amicus submission to the California Supreme Court in litigation challenging jurisdiction over pharmaceutical mass torts.
Business, Financial Services and Real Estate Litigation
- Bank of America in defense of litigation brought by the Massachusetts Attorney General challenging the conduct of foreclosures under state law.
- Wells Fargo and GMAC Mortgage in Manson v. GMAC Mortgage, LLC, in defeating certification of a putative class of homeowners alleging unlawful foreclosure in U.S. District Court for the District of Massachusetts. 283 F.R.D. 30 (D. Mass. 2012).
- The Mortgage Bankers Association in arguing as amicus curiae to the Massachusetts Supreme Judicial Court in Bevilaqua v. Rodriquez, involving the consequences of invalid mortgage foreclosures under state law. 460 Mass. 762 (2011).
Mr. Oetheimer has chaired programs for Massachusetts Continuing Legal Education, and has presented at Defense Research Institute, American Bar Association, American Conference Institute, American Bankruptcy Institute, CLE International, Boston Bar Association and District of Massachusetts Bench/Bar Conference programs. He is a member of the Boston and American Bar Associations, ABA Section of Litigation, Products Liability Committee of the Litigation Section of the American Bar Association, the Defense Research Institute, and the Drug and Medical Device Committee of the Defense Research Institute.
Mr. Oetheimer is a member of the Massachusetts Advisory Council of The Trust for Public Land, a national nonprofit land conservation organization, and has served as its Massachusetts pro bono litigation counsel.