Richard B. Goetz

Goetz, a co-chair of O’Melveny’s litigation department, specializes in defending consumer class actions, insurance coverage litigation and cases involving the life sciences, product liability claims and other mass torts.

The global insurance provider Chubb, facing an onslaught of Covid-related litigation, retained Goetz to represent it in class and individual coverage actions filed by restaurants, hotels, retailers and high-profile claimants such as the L.A. Lakers and the Simon Wiesenthal Center.

“Everyone has empathy for what the pandemic has caused, but we haven’t seen an allegation that Covid has damaged property, and these are property insurance policies that are at issue,” Goetz said. “Merely closing your business out of fear of the spread of the virus isn’t enough.”

Courts have largely sided with Goetz’ arguments.

“Trial courts have issued 390 rulings in favor of insurers and 45 rulings in favor of policyholders on issues relevant to property policies,” Goetz said. “Those are mostly on pleadings motions. We are aware of 200 appeals, 192 of which were filed by policyholders and 8 of which were filed by insurers.”

Early in the pandemic, Goetz blocked plaintiffs’ effort to centralize hundreds of cases by successfully arguing before a multidistrict litigation judicial panel that proceeding for different claims under different policies issued by different insurers based on different government orders would be an unwieldy courtroom “nightmare.” In re: Covid-19 Business Interruption Protection Insurance Litigation, MDL2912 (U.S. JPML, op. filed Aug. 12, 2020).

Goetz led the O’Melveny team defending AstraZeneca subsidiary Amylin Pharmaceuticals against claims by more than 1,000 plaintiffs in multidistrict litigation in federal and state court that the diabetes drug Byetta causes pancreatic cancer. In 2021, federal and state trial courts granted summary judgment for Goetz’ client. In re: Byetta Cases, JCCP 4574 (L.A. Super. Ct., op. filed Apr. 6, 2021); In re: Incretin Mimetics Products Liability Litigation, MDL 2452 (S.D. Cal., op. filed March 9, 2021).

The cases returned to court after successful appeals of earlier summary judgments for the defense. Goetz argued both federal preemption and general causation defenses, which the courts adopted.

O’Melveny is nationwide counsel for Johnson & Johnson in over 3,000 opioid cases. Goetz, the firm’s relationship partner with Johnson & Johnson, helps craft strategy in those cases, which include trials across the country and global settlement negotiations. He credited colleagues including O’Melveny partners Charles C. Lifland, Stephen D. Brody, Sabrina H. Strong, Michael G. Yoder and Daniel R. Suvor.

- John Roemer