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dustin-b-rawlin

Dustin B. Rawlin

Position
Partner
Locations
Cleveland, OH
D
216.696.4235
F
216.592.5009
Email
dustin.rawlin@tuckerellis.com
vCard
vcard

Dustin Rawlin is a trial lawyer who represents businesses in complex litigation matters in courts throughout the United States.

Dustin defends companies in cases involving product liability, breach of contract, business tort, breach of warranty, consumer fraud, professional negligence, and commercial disputes. He has experience representing companies in multidistrict litigation, state coordinated proceedings, and class actions, as well as experience handling and arguing appeals in both state and federal court. As national lead counsel, he is currently defending personal injury claims related to silicone gel and saline breast implants and tissue expanders. He is also currently lead counsel defending personal injury claims related to pelvic mesh devices. Dustin is also defending a manufacturer in consumer class actions relating to flushable wipes and a commercial real estate portfolio in securities class actions.

As national counsel for a major medical device manufacturer, Dustin has successfully defended hundreds of cases involving a wide variety of medical devices, including silicone gel and saline breast implants, tissue expanders, vocal cord paste, ultrasound devices, liposuction equipment, pelvic mesh, and penile implants. He works with nationally and internationally renowned experts in the fields of biomaterials, pathology, biostatistics, toxicology, microbiology, epidemiology, biomedical engineering, regulatory compliance, and medicine to present sophisticated scientific and medical concepts to juries.

Dustin also has lead attorney experience representing a major credit reporting agency in more than 80 cases involving the Fair Credit Reporting Act in federal courts throughout the Midwest, including putative class actions. He also represents companies in Telephone Consumer Protection Act cases.

Dustin devotes substantial time to pro bono representations, community service, and mentoring associates. The Sixth and Tenth Circuit Courts of Appeals have appointed him to pro bono representations in criminal matters, and he represents clients pro bono in civil rights and wrongful eviction cases referred by the Legal Aid Society of Cleveland. Dustin also serves as the General Counsel of the nonprofit Northeastern Ohio Tennis Association.

Education
Duke University School of Law (J.D., 2000)
Boston College (M.A., 1997)
Boston College (B.A., summa cum laude, 1997); Gabelli Presidential Scholar; Phi Beta Kappa
State Admissions
Ohio, 2000
Federal Admissions
Supreme Court of the United States
United States Court of Appeals, First Circuit
United States Court of Appeals, Third Circuit
United States Court of Appeals, Fourth Circuit
United States Court of Appeals, Sixth Circuit
United States Court of Appeals, Eighth Circuit
United States Court of Appeals, Ninth Circuit
United States Court of Appeals, Tenth Circuit
United States Court of Appeals, Eleventh Circuit
United States District Court, Eastern District of Michigan
United States District Court, Eastern District of Wisconsin
United States District Court, Northern District of Illinois
United States District Court, Northern District of Indiana
United States District Court, Northern District of New York
United States District Court, Northern District of Ohio
United States District Court, Southern District of Illinois
United States District Court, Southern District of Indiana
United States District Court, Southern District of Ohio
United States District Court, Western District of Michigan
United States District Court, Western District of Pennsylvania
United States District Court, Western District of Wisconsin
Service Areas
Life Sciences Litigation
Business Litigation
Class Action Litigation
Appellate & Legal Issues
Mass Tort & Product Liability
Financial Services Litigation
Health & Life Sciences
Food, Cosmetics & Dietary Supplements
Industries Represented
Aerospace Products
Consumer Products
Electrical Equipment
FDA Law & Regulations
Manufacturing
Material Suppliers
Medical Devices
Petroleum & Coal
Pharmaceutical & Medicine
Plastics & Rubber

Representative Health & Life Sciences Decisions

  • Obtained dismissal for medical device company in case involving alleged injuries from ruptured silicone gel breast implants (E.D. Mo. 2019), affirmed on appeal (8th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in 12-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in second five-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2019), affirmed on appeal (9th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019), affirmed on appeal (10th Cir. 2021)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Connecticut Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (D.N.J. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (N.D.N.Y. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from silicone gel breast implants (D. Md. 2020)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (S.D. Florida 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from saline breast implants (N.D. Ohio 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in two-plaintiff case involving alleged injuries from ruptured silicone gel breast implants (D. Kan. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (M.D. Fla. 2019)
  • Obtained voluntary dismissal for medical device company in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from textured saline breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (W.D. Wash. 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel and Ohio Product Liability Act abrogation in case involving alleged breast implant-associated Anaplastic Large Cell Lymphoma (BIA-ALCL) from silicone gel breast implants (N.J. Sup. Ct. Law Div. Middlesex Cty 2018)
  • Obtained voluntary dismissal for medical device company in case involving alleged injuries from silicone gel breast implants (Fla. Cir. Ct. Seminole Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (Cal. Super. Ct. Los Angeles Cty 2018)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving alleged injuries from ruptured silicone gel breast implants (C.D. Cal. 2018), affirmed on appeal (9th Cir. 2020)
  • Obtained summary judgment for medical device company on federal preemption under Riegel and for lack of defect or causation in case involving alleged mold toxicity from saline breast implants, following exclusion of plaintiff’s three experts under Daubert (C.D. Cal. 2017), affirmed on appeal (9th Cir. 2019)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Okla. 2017)
  • Obtained summary judgment for medical device company in 100+ MDL cases on statute of limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2015-2017)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured silicone gel breast implant (D.S.C. 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (N.D. Cal. 2014)
  • Obtained summary judgment for medical device company for lack of defect in case involving injuries allegedly caused by leaking tissue expander (N.J. Super. Ct. Law Div. Atlantic Cty 2014)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. La. 2013)
  • Obtained summary judgment for medical device company in four MDL bellwether cases on statute of repose/limitations grounds in cases involving injuries allegedly caused by pelvic mesh (M.D. Ga. 2013)
  • Obtained dismissal for medical device company on federal preemption under Riegel in case involving injuries allegedly caused by ruptured saline breast implant (E.D. Cal. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for medical device company on innocent retailer defense in case involving burn injuries allegedly caused by external ultrasound device (N.J. Super. Ct. Morris Cty 2008)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding pelvic mesh (W.D. Mo. 2008)
  • Obtained summary judgment for medical device company on federal preemption in case involving granuloma allegedly caused by “transitional device” Teflon® vocal cord paste (W.D. La. 2008)
  • Obtained summary judgment for medical device company for lack of causation in case involving alleged mold toxicity from saline breast implants (N.D. Ga. 2007)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving infection allegedly caused by ruptured tissue expander (D. Conn. 2006)
  • Obtained summary judgment for medical device company because plaintiff was member of non-opt-out class action settlement in case involving injuries allegedly caused by silicone gel breast implants (Tex. Dist. Ct. Tarrant Cty 2005)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by silicone gel breast implants (Fla. Cir. Ct. Orange Cty 2004)
  • Obtained summary judgment for medical device company for lack of proof of defect in case involving injuries allegedly caused by penile prosthesis (Fla. Cir. Ct. Pinellas Cty 2004) Affirmed on appeal. (Fla. 2d DCA 2005)
  • Obtained summary judgment for medical device company following Daubert decision barring plaintiff’s causation expert in case involving alleged autoimmune disease from silicone gel breast implants (Mo. Cir. Ct. Green Cty 2003)

Representative Business Litigation/Class Action Decisions

  • Obtained denial of temporary restraining order/asset freeze and dismissal for commercial real estate company in $75-million securities fraud class action (C.D. Cal. 2021)
  • Obtained dismissal for law firm in $60-million securities fraud and legal malpractice class action (N.D. Ohio 2018)
  • Obtained summary judgment for crane manufacturer in breach of contract action involving windstorm damage to a 25-metric ton double-girder gantry crane (S.D. Iowa 2016)
  • Obtained reversal of certification of a consumer class action regarding run-flat tires on luxury vehicles (3d Cir. 2012)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding needle-free jet injection device used to administer flu vaccine (N.D. Ohio 2012)
  • Obtained summary judgment for developer regarding easement over E. 119th Street in Little Italy, Cleveland (Ohio CP Ct. Cuy. Cty 2010)
  • Obtained dismissal with prejudice of putative medical monitoring class action regarding transvaginal mesh (W.D. Mo. 2008)
  • Obtained judgment on the pleadings for sports club in copyright and trademark infringement case involving health club management software (N.D. Ohio 2007)
  • Obtained dismissal on forum non conveniens grounds for French and Swedish employees in case alleging breach of fiduciary duty by employer (Mass. Super. Ct. Essex Cty 2006); affirmed on appeal (Mass. App. Ct. 2006)
  • Obtained summary judgment for energy company on its breach of contract claims and defendant’s counterclaims in case involving supply of lubricating oil to Navy (N.D. Ohio 2006)
  • Obtained preliminary injunction for medical device company requiring defendant to continue supplying a critical blood transfusion product under a distribution agreement (N.D. Ohio 2005)

Representative FCRA/Financial Services Litigation Decisions

  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 393 F.Supp.2d 853 (D. Minn. 2005)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 2004 WL 161494 (N.D. Ill. 2004)
  • Obtained summary judgment for credit reporting agency in case under Fair Credit Reporting Act, 297 F.Supp.2d 1196 (E.D. Mo. 2003)
  • Obtained summary judgment and attorneys’ fees pursuant to 28 U.S.C. § 1927 for credit reporting agency in case under Fair Credit Reporting Act, 289 F.Supp.2d 956 (N.D. Ill. 2003)

Representative Trials

  • Obtained complete defense verdict as second-chair trial counsel in two-week jury trial in MDL bellwether case involving pelvic mesh (M.D. Ga. 2013)
  • Obtained complete defense verdict in five-week jury trial involving pelvic mesh (Cal. Sup. Ct. Alameda Cty 2008)
  • Obtained verdict for pro bono client in illegal lockout case against landlord; jury awarded compensatory and punitive damages; motion for relief from judgment and for new trial denied (Ohio CP Ct. Cuy. Cty 2008)
  • Obtained complete defense verdict in jury trial involving alleged injuries from saline tissue expanders (Miss. Cir. Ct. Lee Cty 2004)

Speaking Engagements

  • National Institute for Trial Advocacy (NITA) Deposition Skills Workshop, Instructor, Columbus, Ohio (March 2019)
  • “Writing and Arguing Daubert Motions,” Cleveland, Ohio (August 2018)
  • “Deposition Demonstration,” Cleveland, Ohio (September 2017)
  • National Institute for Trial Advocacy (NITA) Deposition Skills Workshop, Instructor, Cleveland, Ohio (March 2017)
  • “Controlling the Narrative: Making the Case About What You Want It to Be About,” Cleveland, Ohio (March 2017)
  • “Lessons Learned from a Pelvic Mesh Trial,” Cleveland, Ohio (August 2013)
  • “Preparing the Witness for Deposition,” Cleveland, Ohio (March 2012)
  • “Developments in the Local Rules of the N.D. Ohio,” Cleveland Metropolitan Bar Association, Federal Court Training, Cleveland, Ohio (December 2011, December 2010)
  • “Fundamentals of Medical Device Regulation and Litigation,” internal client presentation, Cleveland, Ohio (March 2011, November 2010)
  • “Hearsay, Trial Evidence for Ohio Practitioners,” Ohio State Bar Association, Cleveland, Ohio (December 2010)
  • National Institute for Trial Advocacy (NITA) Expert Witness Deposition Workshop, Instructor, Dallas, Texas (September 2010)
  • “Effective Mediation,” San Francisco, California (April 2008)
  • “The Joint Defense Privilege and Joint Defense Agreements,” Cleveland, Ohio (August 2007)
  • “Professionalism,” Cleveland Bar Association, New Lawyers Training, Cleveland, Ohio (February 2006; February 2004)

Publications

Media

  • Law360 Rising Stars, Product Liability (2012, 2014)
  • Ohio Super Lawyers® (2014-2021)
  • Ohio Super Lawyers Rising Stars® (2005-2007, 2009, 2011-2013)
  • LMG Life Sciences
    • Life Sciences Star (Product Liability)
    • Impact Cases of the Year United States (Non-IP Litigation): Mentor Worldwide product liability litigations (9th Circuit) (2021)

Civic & Professional Involvement

  • American Bar Association
    • Pharmaceutical and Medical Device Subcommittee, Mass Torts Litigation, Co-Chair
  • Northeast Ohio Tennis Association
    • Director and General Counsel
    • NEOTA Board Award (2017)
  • Cleveland Metropolitan Bar Association
    • Litigation Section, Council Member (2011-2017)
    • Commercial Docket Committee, Chair (2010)
    • Young Lawyers Section, Chair (2009)
    • Board of Trustees (2009)
  • The Honorable William K. Thomas American Inn of Court (2015-2016)
  • Defense Research Institute, Drug & Medical Device Committee
  • Ohio State Bar Association
  • Ohio State Bar Foundation, Fellow
  • Federal Bar Association

Federal Appointments

  • Northern District of Ohio Advisory Group (2003-present)
    • Deputy Chair (2018-present)
    • Civil Rules Committee, Co-Chair (2005-present)
  • Northern District of Ohio, Merit Selection Panel  (2008, 2011)