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Mr. Cooney's practice includes a broad variety of general civil litigation, with a focus on complex product liability, business and intellectual property litigation. He has handled numerous cases involving product liability claims with catastrophic injury and death, consumer class actions, intellectual property (patents, trademarks and trade secrets), computer hardware and software, construction disputes, profession negligence, business torts, and a variety of commercial and breach of contract matters. With a degree in engineering, his interests focus on disputes involving science and technology.
Mr. Cooney also counsels product manufacturers and suppliers on loss prevention and control, compliance with industry and government standards, product recalls, document retention and litigation discovery practices.
Experience
Mr. Cooney has represented clients at trial and appellate levels of state and federal courts, administrative agencies, arbitration and other forms of alternative dispute resolution, on various subjects, including:
Product liability litigation
Complex and mass tort litigation
Consumer product class action litigation
Computer hardware and software litigation
Intellectual property litigation
Construction litigation
Commercial and contract litigation
Regulatory matters before the National Highway Transportation Safety Administration and Consumer Product Safety Commission
Mr. Cooney's recent experience includes:
Representation of vehicle manufacturer in actions alleging defective fuel system design
Defense of appliance manufacturer in class action claims arising out of the alleged premature failure of component parts
Representation of consumer product supplier in trade dress and patent infringement claims
Defense of food distributor in class actions and individual personal injury lawsuits arising out of alleged food poisoning
Counsel to automobile component supplier in connection with TREAD Act
Representation of appliance manufacturer in actions alleging design defect resulting in fire related injuries and death
Defense of paper product manufacture in sales commission dispute
Representation of contractor in dispute arising out of design-build contract involving state of art testing facility
Significant Decisions
Hilburn v. General Motors Corporation, 958 F. Supp. 318 (E.D. Mich. 1997), dismissing design defect claim pursuant to a foreign state's statute of repose and rejecting fraudulent concealment claims
Taylor v. First of America, 973 F.2d 1284 (6th Cir., 1992), affirming dismissal of lender liability claim
Salvage I v. Dayton Hudson, 870 F.2d 657 (6th Cir., 1989), affirming dismissal of breach of contract and quantum meruit claims against department store chain
Doby v. Sears, Roebuck & Co., Lexis 15538 (E.D. Mich. 1987), addressing unsettled issue regarding diversity jurisdiction and denying plaintiff's motion to remand
Greer v. General Motors Corporation, Case No. 99 2880TU (W.D. Tennessee, 2000), dismissing catastrophic injury claim alleging fraudulent concealment of product defect
Professional Associations
American Bar Association
Defense Research Institute
Detroit Metropolitan Bar Association
Federal Bar Association.
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