Overview
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. After having represented clients in scores of mediations across the country, Josh recently completed an extensive course to become a registered mediator. This will help Josh better serve client in upcoming mediations and serve a s mediator for others and he is very excited to serve in this role.
Josh is AV® Preeminent rated by Martindale-Hubbell.
Education & Admissions
Education
Rutgers School of Law - Camden, 1997
West Virginia University, B.S.Ch.E., 1993
Admissions
Georgia
New Jersey
Pennsylvania
U.S. District Court, Northern District of Georgia
U.S. District Court, Middle District of Georgia
U.S. District Court, District of New Jersey
U.S. District Court, Eastern District of Pennsylvania
U.S. District Court, Middle District of Pennsylvania
U.S. District Court, Eastern District of Wisconsin
U.S. District Court, Western District 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.
Recent Wins
Practices & Industries
Awards & Recognition
Super Lawyers®, Georgia Super Lawyers List, Personal Injury - Products: Defense, 2023-2024
Truancy Intervention Project Georgia, Glenda Hatchett Volunteer of the Year, 2012
Truancy Intervention Project Volunteer of the Year Honoree, 2011
News & Publications
- WWHGD Legal Alert
- Food Processing
- Modern Restaurant Management
- Daily Report
Events & Speaking Engagements
Speaker, University of Arkansas LL.M. Program in Agricultural & Food Law on November 9, 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.
- Las Vegas, NV
- "Case Studies Including Leafy Greens, Peanuts and Ground Beef."
Professional & Community Activities
Truancy Intervention Georgia Board of Directors, Board Chair, Past Treasurer, Member
Alpharetta Ambush Soccer Club Board of Directors, Member
DRI Product Liability Food Law Special Litigation Group, Former Chair
Georgia Office of Dispute Resolution, Registered Neutral