Diane P. Sullivan is a partner in the Litigation Department in Weil’s New York, NY office and Princeton, NJ office where she specializes in complex commercial disputes, class actions, consumer fraud, product liability, mass torts, and life sciences matters.
Ms. Sullivan is a nationally recognized trial attorney. In 2012, The American Lawyer named her one of five finalists for “Litigator of the Year” (PDF), noting that she “isn’t a hired gun; she’s more like a hired bazooka repeatedly parachuting into high-stakes cases leading up to trial and securing victories.” In 2007, The National Law Journal selected Ms. Sullivan as one of 10 litigators in the nation “at the top of their game” based on their track record of jury verdict wins in significant cases with large monetary exposure. The same publication featured her jury verdicts as “Top Verdicts of the Year” in 2002, 2005, 2006 and 2011.
Ms. Sullivan is also ranked by Chambers USA in Band One nationally as one of the leading litigators in the nation. Clients described her as “a truly tremendous trial lawyer” and “‘a top choice in bet-the-company litigation.’” With experience across a range of industries, she is praised as a “stellar trial lawyer” who “keeps on winning” in “nationally significant” cases. Clients noted: “She was just wonderful – a powerful presence who boils down complex issues in a way that can be readily communicated to a jury.” Chambers also noted: “She’s rightly named a top lawyer – she handles some of the toughest cases.” Clients further remarked: “Her trial presence is unmatchable,” and “she is one of the best I've ever seen.” Clients also praised her “remarkable talent and fearless approach” and her “fantastic ability to build up a narrative and to present complex science in a manner comprehensible to a jury.” The Legal 500 has noted that she is “an absolute star,” adding that “she is rated by clients as ‘just a brilliant, brilliant trial lawyer’ and appreciated because ‘she wins her cases.’”
In 2010, Ms. Sullivan was named by Law360 as one of the most admired attorneys in the nation based on a survey of her peers and in-house counsel. Ms. Sullivan was selected in 2011 as one of Law360’s Litigation “MVPs” for success in major litigation.
Ms. Sullivan has also been recognized by Lawyers Weekly USA, which named her one of the top 10 lawyers of the year in 2005, while verdicts she has obtained for clients have been featured in The New York Times, The Wall Street Journal, The American Lawyer, and Corporate Counsel Magazine, among other publications. The International Who’s Who references Ms. Sullivan in its 2013 edition for commendation by her peers as one of the most highly regarded practitioners in the field. She has repeatedly been named for inclusion in The Best Lawyers in America in the areas of “bet-the-company” litigation, commercial litigation, class actions, and mass tort litigation. She was named in the 2007 through 2012 editions of Lawdragon magazine as one of the 500 leading lawyers in America which noted “she has produced a batting average in jury trials in the Hall of Fame category.” In 2012, Ms. Sullivan was named a Top Female Trial Attorney by Law360 for scoring “landmark victories” and “blazing trails.” She has been recognized by Euromoney's Benchmark as a National Litigation Star and was recently selected as one of the Top Ten Women Litigators in the nation.
Among Ms. Sullivan’s notable trial victories and representations are:
- Lead trial counsel for ESPN, Inc. in securing a significant defense verdict following a three-week trial in 2013 in the Southern District of New York involving more than $150 million in claims brought by Dish Network. Dish alleged that ESPN breached several provisions of a licensing agreement. The jury returned a verdict for ESPN rejecting three of the four breach-of-contract claims Dish had asserted and the vast majority of the monetary damages requested.
- Lead trial counsel for Philip Morris USA securing a defense verdict in a four-month trial in St. Louis in 2011 where 37 Missouri hospitals sued for half a billion dollars in economic loss plus punitive damages relating to costs for treating patients with smoking-related illness. The victory was described by the press as “resounding and complete.” Ms. Sullivan’s work in this trial was highlighted by the Financial Times as an example of “innovative lawyering” and was also recognized by The American Lawyer in its “Litigator of the Week” profile.
- Lead trial counsel for Merck in the legal battle over Vioxx®. In 2005 Ms. Sullivan secured the first trial victory for Merck, convincing jurors to reject the plaintiff’s failure to warn and consumer fraud claims. This defense verdict was featured on the front pages of newspapers across the country and was “a victory worth noting” according to InsideCounsel, which named it one of the “five verdicts of 2005 that are reshaping corporate defense strategies.” In 2006, Ms. Sullivan scored another victory for Merck in the Vioxx® litigation – the first defense verdict in a long-term Vioxx® use case. The victory was hailed by analysts as significant, particularly in serving to thwart future collateral estoppel arguments. The verdict was also featured by The National Law Journal as one of the top wins of 2006.
- Lead trial counsel for Cardinal Health Corporation in patent infringement litigation relating to gel capsule technology.
- Lead trial counsel for AstraZeneca securing a defense verdict in the first trial of more than 20,000 claims involving the prescription drug Seroquel. The 2010 verdict was described by the press as a “huge win” for AstraZeneca, particularly the jury’s finding that AstraZeneca’s warnings were adequate.
- Lead trial counsel for Merck and Schering-Plough in class action lawsuits alleging consumer fraud and RICO claims relating to the drugs Vytorin® and Zetia®.
- Trial counsel for large financial institution in accounting malpractice case.
- Trial counsel for Baxter Healthcare Corporation and Allegiance Healthcare Corporation in the first latex-glove allergy claim to be tried to a jury in the federal MDL latex mass tort litigation, which resulted in a defense verdict. The verdict was named one of the top defense verdicts of 2002 by The National Law Journal.
- Lead trial counsel for Nutraquest in the ephedra mass tort litigation, including defending a $685 million personal injury claim filed by the estate of professional baseball player Steve Bechler.
Ms. Sullivan is a frequent author and speaker on topics relating to litigation and trial issues.