LITIGATION DEPARTMENT OF THE YEAR - Mid-Size Firm  ALM's Daily Report   2019 - 2018 - 2017 - 2016 - 2014
Photo of Joshua E. Swiger

Joshua E. Swiger

Partner

Josh Swiger enjoys challenging, complex cases and has represented clients in a broad range of areas including product liability, contract, construction, intellectual property, and aviation. Josh has a degree and background in chemical engineering that provides a significant advantage in analysis of complex, technical issues. On multiple occasions Josh has defended and counseled clients in mass tort events involving hundreds of claimants with claims totaling hundreds of millions of dollars and helped those clients survive without bankruptcy.

Josh prides himself at analyzing the entire risk to his clients and their adversaries, not just the narrow legal claims asserted, and developing and executing strategies to leverage his clients’ strengths and defend their weaknesses. This critical thinking, strategy, and implementation is evidenced by multiple settlements with payments to clients on crossclaims after they were sued for trademark and copyright infringement. 

He is recognized throughout the country for his work in foodborne illness matters, is a former Chair of the DRI Product Liability Food Law Special Litigation Group, and has been asked to lecture on foodborne illness issues on numerous occasions.

Josh is AV® Preeminent rated by Martindale-Hubbell.

Education

West Virginia University, B.S.Ch.E., 1993

Rutgers School of Law - Camden, 1997

Bar & Court Admissions

  • State Bar of Georgia
  • New Jersey State Bar
  • Pennsylvania State Bar
  • U.S. District Courts, Northern and Middle Districts of Georgia
  • U.S. District Court of New Jersey
  • U.S. District Courts, Eastern and Middle Districts of Pennsylvania
  • U.S. District Courts, Eastern and Western Districts of Wisconsin

Representative Experience

Representing the world’s largest beef producer in a foodborne illness case where the plaintiff is claiming catastrophic injuries including cognitive deficits, cortical blindness, and renal failure. 

Represents multiple major air carriers in a number of litigated matters. 

Obtained settlements with payments to two separate clients’ on crossclaims in unrelated litigation where the plaintiffs alleged copyright and trademark infringement. 

Representing smoothie franchisor associated with national Hepatitis A outbreak. 

Recovered millions of dollars for a general contractor involved in construction of the Huntsville / Madison County jail in Huntsville, Alabama, while successfully defending claims of construction defect related to the project. 

Obtained a very favorable settlement on behalf of Montana Power Company in a class action suit filed by over 3,000 claimants claiming hundreds of millions of dollars in damages related to the operation of the Kerr Dam on Flathead Lake in Montana. 

Successfully resolved punitive damages and personal injury claims against food processor client during bifurcated trial in federal court in Utah in 2011. 

Represented Mid-West beef processor in national E. coli outbreak in the Summer of 2008 with over 80 confirmed cases linked to the outbreak. 

Represented California lettuce processor in Northeast E. coli O157:H7 outbreak in November-December 2006 (Taco Bell E. coli outbreak). 

Represented California spinach processor in national E. coli O157:H7 outbreak in August 2006. 

Successfully defended major chemical manufacturer in CERCLA and HSRA environmental claims. 

Successfully resolved copyright and trademark infringement claims for international motorcycle and personal watercraft manufacturer. 

Obtained favorable settlement in Fulton County, Georgia, in wrongful death, electrical-shock case involving allegations of design defect to insulated aerial lift device. 

Obtained favorable settlements in Fulton County, Georgia, and Fayette County, Kentucky, in favor of international construction firm in claim alleging breach of contract and construction defects against subcontractor and fraudulent transfer of assets and misappropriation against principals and successor corporation of the subcontractor.

Awards & Recognitions

Truancy Intervention Project Georgia 2012, Glenda Hatchett Volunteer of the Year

2011 Truancy Intervention Project Volunteer of the Year Honoree

Professional & Community Activities

Member of the Board of Directors for the Truancy Intervention Project Georgia

DRI Product Liability Food Law Special Litigation Group, Former Chair 

Product Safety Alliance Project - developing a standardized curriculum for food safety for farmers and producers

Events & Speaking Engagements

Speaker, University of Arkansas LL.M. Program in Agricultural & Food Law on November 9, 2012.

"Food Traceability and Litigation: Spoiled by Challenges, Yet Ripe for Opportunity," DRI Product Liability Conference, Las Vegas, NV on April 11, 2012.

Presenter, Hartnell College Food Safety Summit in Salinas, CA on May 20, 2011.  

Presenter, Food Safety & Water Quality Co-Management Forum in Watsonville, CA on December 8, 2010.

"Case Studies Including Leafy Greens, Peanuts and Ground Beef," International Association for Food Protection Annual Meeting, August 2010.