Abby Sacunas focuses her practice on business disputes, products liability and antitrust prevention and defense. She successfully represents clients in the life safety, pharmaceutical, medical device, telecommunications and athletic equipment industries, and is consistently recognized as a “Pennsylvania Super Lawyer Rising Star.” As national trial counsel for certain of her clients and acting outside general counsel to others, Abby has extensive experience litigating in state and federal forums throughout the United States where she has obtained everything from full defense verdicts to summary judgment decisions on behalf of her clients. She additionally counsels clients on labor and employment, regulatory and compliance issues as a way to proactively manage and limit risk, especially given the rise in trade secret, privacy, data and cybersecurity concerns. Abby is the managing editor of the Products Liability Prevention & Defense Blog, which provides regular updates on product liability trends, decisions and litigation prevention tactics for defendants and potential defendants.
Abby’s antitrust work involves mergers, government investigations, litigation, and counseling. She routinely advises clients in a variety of industries with respect to merger clearance and related due-diligence, general counseling on antitrust, consumer protection and advertising issues, litigation, and legislative issues.
Abby acts as outside general counsel to entrepreneurial businesses, skillfully and proactively navigating risk while representing the full scope of their commercial business interests. This includes but is not limited to, managing labor issues and disputes, defending and enforcing non-competition, non-solicitation and confidentiality agreements and litigating other employment-related claims. Abby also assists startups and entrepreneurs as a team member of COpilot, Cozen O'Connor’s multidisciplinary initiative designed for emerging companies to gain insight from corporate, litigation, intellectual property and employment attorneys, download corporate formation documents and connect with funding sources.
Abby serves on the board of directors for the Riddle HealthCare Foundation, a charitable organization that encourages philanthropic support of Riddle Hospital in Media, Pa. She is a member of the Pennsylvania Bar Association, the American Bar Association and an active member of the Pennsylvania Bar Association's Women in the Profession Committee. Abby earned her law degree from Syracuse University College of Law in 2005, magna cum laude, where she was elected to the Order of the Coif, was a member of the Syracuse Law Review and earned a Corporate Counsel Certificate from the Center for Law and Business Enterprise. She earned her undergraduate degree from Syracuse University, cum laude.
June 12, 2018
Super Lawyers has named 54 Cozen O'Connor attorneys to its 2018 Pennsylvania Super Lawyers and Rising Stars lists.
August 09, 2017
Abby Sacunas, a member of the firm's Commercial Litigation Department, was quoted in Law360's article, "Mesh Ruling Signals Tough Road For Non-Pa. Cases In Philly."
August 15, 2014
Abby Sacunas, a member of the Commercial Litigation Department, participated in a Law360 Twitter chat titled, ''The Product Liability Landscape: What Do You Need To Know?'' The discussion addressed some of the major product liability cases currently pending before courts across the country, as well as some cases likely to generate headlines later this year.
June 28, 2018
The U.S. Supreme Court today agreed to consider a Third Circuit ruling that revived litigation over Merck's alleged failure to warn about a risk of femoral fractures from its osteoporosis drug Fosamax. The precise question presented on appeal is “whether a state-law failure-to-warn claim is...
June 19, 2018
Abby Sacunas, a member in the firm's Commercial Litigation Department, and Ude Lu, an associate in the firm's Intellectual Property Department, published "What Manufacturers Need To Know About “GDPR” – The New EU Privacy Law," for the DVIRC Newsletter.
March 20, 2018
The Third Circuit has become the first U.S. Court of Appeals to address the application of the express preemption provision in the Medical Device Amendments of 1976 to hybrid medical devices. Hybrid medical devices are devices which contain differently classified components.
In Shuker v. Smith...
November 14, 2017
The Supreme Court limited a striking vulnerability for product manufacturers in Bristol-Myers Squibb Co. v. Superior Court of California this summer when it ruled that out-of-state plaintiffs could not simply claim injuries that were similar to residents to support specific jurisdiction, but must...
July 21, 2017
Abby Sacunas, a member of the Commercial Litigation Department, published, "Enforcing Arbitration Clauses In Product Packaging," in Law360.
June 26, 2017
Product manufacturers routinely hauled into court in far away, inconvenient jurisdictions can breathe a little easier with the Supreme Court’s decision this week in Bristol-Myers Squibb Co. v. Superior Court of California.
A group of plaintiffs, most of whom were not California residents, sued...
June 13, 2017
It is open opinion season at the U.S. Supreme Court, and two recent decisions pertaining to the enforceability of arbitration clauses provide guidance to manufacturers looking to bind consumers through the use of product packaging.
In Kindred Nursing Centers Limited Partnership v. Clark, No....
May 11, 2017
A Michigan district court judge determined last week that product liability claims against an FDA approved medical device manufacturer were preempted by federal law, but allowed the plaintiff’s claim of fraud against the manufacturer, Medtronic, Inc., to proceed at the state level. Although the...
August 08, 2016
Abby Sacunas and Jillian Flax discuss the U.S. Food and Drug Administration recently released draft guidance to clarify the benefit and risk factors it may consider in compliance and enforcement actions involving medical devices.
August 04, 2016
The Food and Drug Administration released draft guidance last week revealing its intent to better track medical devices, from pacemakers to condoms, through an amendment to its 2013 “UDI (unique device identifier) Rule”. The draft guidance is intended to assist both labelers and FDA-accredited...
July 14, 2016
Abby L. Sacunas and Jeffrey D. Feldman discuss the Defend Trade Secrets Act of 2016 and its impact on manufacturing companies with trade secrets related to a products or services used in, or intended for use in, interstate or foreign commerce.
June 30, 2016
Abby Sacunas, a member of Cozen O'Connor's Products Liability practice, discusses driverless car regulations in Law360.
June 23, 2016
On May 11, 2016, President Barack Obama signed the Defend Trade Secrets Act of 2016 (the “DTSA”), which provides a federal civil cause of action to manufacturers for the misappropriation of trade secrets under the Economic Espionage Act. While the DTSA substantially mirrors the protections afforded...
June 13, 2016
Motor vehicle design continues to make significant technological leaps incorporating a number of automated features, with many manufacturers pioneering the concept of driverless cars. What was once the stuff of science fiction is making significant headway towards full-scale production and...
June 02, 2016
Earlier this year Olympus Corp. (“Olympus”) announced that it would recall and redesign its TJF-Q180V duodenoscope following its link to deadly patient infections in the United States and abroad. This situation presents an important cautionary tale and one that is not strictly limited to medical...
April 21, 2016
Abby Sacunas, a member of Cozen O'Connor's Product Liability practice, discusses the Seventh Circuit's decision in Thornton v M7 Aerospace in Today's General Counsel.
March 03, 2016
Jillian Thornton Flax and Abby Sacunas, both members of Cozen O'Connor's Products Liability practice, discuss the FDA's new guidance on cybersecurity risks for medical devices in Corporate Counsel.
February 09, 2016
Abby Sacunas, a member of Cozen O'Connor's Products Liability practice, discusses litigation in the marijuana industry in Law360.
January 19, 2016
Last year, the chairman of the House Judiciary Committee, Bob Goodlatte (R. Va.), proposed the Fairness in Class Action Litigation Act of 2015-2016 (H.R. 1927). The Act passed the House last week on January 8, 2016, and is presently before the Senate.
If passed, the Act will amend the federal...
December 23, 2015
Last week, the United States Supreme Court issued its opinion in DirecTV v. Imburgia, 577 U.S. ___ (2015). This decision is important for manufacturers of consumer products because it fortifies the ability to incorporate and rely upon arbitration clauses as a way to reduce risk and overall...
December 04, 2015
As most people are aware, social media has become pervasive in the daily lives of the vast majority of Americans. Social media provides us with an instantaneous way to share our thoughts and experiences with others. Doing so creates an electronic history that is stored and preserved, and, as the...
November 27, 2015
Janssen Pharmaceuticals Inc., a unit of Johnson & Johnson, has been embroiled in a mass tort MDL in Philadelphia for its anti-psychotic drug, Risperdal, for almost a year now. So far in 2015, the juries have split – three in favor of plaintiffs one in favor of the defense, and the issue that...
November 09, 2015
The country’s first products liability class action has hit the marijuana industry with the filing of various tort, strict liability and contract claims against LivWell, Inc. in Colorado state court last month. The complaint purports to define two classes—a medical class and a recreational...
November 04, 2015
Abby Sacunas discusses the Eastern District Court of Pennsylvania’s decision to dismiss plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift.
October 21, 2015
Updated to clarify that this post is not about Green Seal, Inc. but the environmental seals or certifications warned against in a recent FTC update.
Manufacturers of consumer products labeled with unspecified environmental certification seals (“green seals”) may find themselves subject to...
October 15, 2015
Just last week, the Eastern District of Pennsylvania dismissed plaintiff’s negligence and §402(B) strict liability claims on summary judgment in Morello v. Kenco Toyota Lift, et al. The court reserved dismissal of the §402(A) and related breach of implied warranty claims pending Daubert hearings....
October 15, 2015
The Morello court specifically addressed whether a forklift seller could be liable for injuries in negligence, strict liability or breach of warranty caused by an industrial forklift which did not include accessories such as lights or chimes when operating in reverse.
September 24, 2015
Last week, on September 18, 2015, the EPA issued a News Release revealing that Volkswagen Group of America (“Volkswagen”) sold cars incorporating a “defeat device” as defined in the Clean Air Act (“CAA”) to purposefully evade federal and state emissions and environmental laws and regulations. In...
September 17, 2015
Welcome, and thank you for joining Cozen O’Connor on the Products Liability Prevention and Defense Blog, or, as we like to call it, the PLPD blog.
This blog is intended to provide regular updates on product liability trends, decisions and litigation prevention tactics for defendants and potential...
September 15, 2015
The Seventh Circuit’s recent decision in Thornton v. M7 Aerospace, LP should serve as a reminder to companies that purchase or succeed to assets of a product manufacturer that liability may follow if they do not act cautiously and deliberately on a fully informed basis to protect themselves....
September 18, 2014
It is axiomatic that to certify a class, plaintiffs must show all members satisfy Article III standing and Rule 23 requirements. While federal courts "do not require each member of a class to submit evidence of personal standing, a class cannot be certified if it contains members who lack standing" to pursue the claim(s) asserted, according to Halvorson v. Auto Owners Insurance, 718 F.2d 773 (8th Cir. 2013).
May 27, 2010
Threading the 'American Needle': The Supreme Court Adopts a New Standard of Concerted Action Under the Sherman Act - Litigation Alert! - In a unanimous decision likely to transcend its unique factual background, on Monday, the United States Supreme Court in American Needle, Inc. v. National Football League, et al., established a new test for determining whether related parties are single entities for purposes of establishing an agreement, combination or conspiracy in violation of Section 1 of the Sherman Act.
November 14, 2007
The Santa Ana Wind-Driven 2007 Southern California Wildfires: A First-Party Factual and Legal Analysis of the Santa Ana Wind-Driven Wildfires - Cozen & O'Connor Whitepaper -
Events & Seminars
February 15, 2018 - Media, PA
December 06, 2017 - Philadelphia, PA
October 24, 2017 - Philadelphia, Pa
October 13, 2017 - Drexel Hill, PA
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February 08, 2017 - Las Vegas, NV
December 13, 2016 - Philadelphia, PA
October 19, 2016 - Drexel Hill, PA