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 personal jurisdiction over nonresident pharmaceutical mass torts.
- Northrop Grumman Corporation and Huntington-Ingalls Industries in asbestos personal injury litigation across multiple jurisdictions.
- Multiple clients in defense of pharmaceutical product liability claims arising from adverse events in human clinical trials.
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).
- Ocwen Loan Servicing in litigation and administrative proceedings related to residential mortgage servicing involving the Connecticut Department of Banking.
- Boston Properties in connection with litigation with a development partner for a New Jersey office park.
- An institute of higher education in Boston in a dispute with condominium abutters concerning egress easements.
- U.S. bank in obtaining equitable subrogation to a refinanced mortgage in a Massachusetts Land Court judgment affirmed by the Massachusetts Appeals Court.
- City National Bank in obtaining dismissal at the close of the plaintiff’s evidence at trial of a borrower’s claim that the bank committed waste as mortgagee in possession.
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 Board of The Trust for Public Land, a national nonprofit land conservation organization, and has served as its Massachusetts pro bono litigation counsel.