DAN SPIRA, a litigation lawyer in Sidley’s Chicago office, focuses his practice on the defense of product liability cases and consumer class actions. In both state and federal trial and appellate courts, Dan has represented clients in a wide array of industries, including pharmaceuticals, medical devices, nutritional supplements, food and beverages, automotives, construction products and consumer goods. In addition to first-chair jury trial experience in federal court, Dan has extensive experience managing multi-district litigation, writing and arguing successful motions at various stages of litigation, taking and defending depositions, working with medical and economic expert witnesses and managing complex discovery. Dan’s track record of securing favorable judgments for his clients spans every phase of litigation, including motions to dismiss, summary judgment, class certification, trial and appeal. Dan has also advised clients through pre-litigation risk assessments, as well as regarding regulatory reporting obligations to the Consumer Product Safety Commission (CPSC).
Representative matters include the following:
- Defeated class certification of consumer fraud, manufacturing/design defect and breach of warranty claims on behalf of a construction product manufacturer. The Third Circuit Court of Appeals affirmed the district court’s denial of class certification.
- Secured summary judgment on behalf of a pharmaceutical manufacturer in multiple, coordinated product liability lawsuits based on statute of limitations and lack of exposure arguments.
- Represented a fortune 50 company in complex, multi-jurisdictional commercial litigation involving alleged negligence and other torts under various state laws.
- Obtained dismissal of a class action asserting consumer fraud claims against a manufacturer of over-the-counter shoe inserts. The Second Circuit Court of Appeals affirmed the district court’s dismissal.
- Representing a medical device manufacturer in multi-district litigation involving product liability, negligence, breach of warranty and misrepresentation/fraud claims under various state laws.
- Secured summary judgment in multiple consumer fraud class actions on behalf of a nutritional supplement manufacturer based on arguments that plaintiffs could not demonstrate the falsity of the manufacturer’s representations.
- Succeeded in a motion to strike class allegations in a consumer fraud class action brought against the manufacturer of an over-the-counter medication.
- Obtained dismissal of a class action alleging that a calcium supplement manufacturer’s labeling and marketing were false and misleading.
Dan also maintains an active pro bono practice, including representation of Illinois prisoners in § 1983 actions alleging violations of his clients’ Constitutional rights. Prior to joining Sidley, Dan worked as a staff attorney at Equip for Equality in Chicago, advocating on behalf of people with disabilities in a variety of civil litigation matters, including employment discrimination, public accommodation and guardianship.
Dan received his B.A. in Psychology from Washington University in St. Louis in 2006, and received his J.D. from Washington University School of Law in 2009, graduating magna cum laude and Order of the Coif. While in law school, he served as a Notes Editor for the Washington University Law Review, and worked as an extern for the Honorable Morton Denlow in the United States District Court for the Northern District of Illinois.