Elizabeth J. Cabraser

Complex Civil Litigation

Cabraser is one of the country’s leading attorneys for plaintiffs in national litigation over drugs, autos, fires and frauds. She has served as lead or co-lead counsel in dozens of class actions, federal multidistrict litigations and state coordinated proceedings.

Currently, her main case is the panoply of litigation over the devastating effects of the opioid crisis. She represents cities, counties, Indian tribes and others trying to pay for the damage the drugs have caused. “In some respects, [opioid litigation] is really my only case these days,” she said. Even so, she is still involved in litigation over diesel emissions scams, California wildfires and generic pharmaceuticals.

Cabraser described herself as “a utility player in opioid litigation,” but she is much more. In the national multidistrict litigation in Cleveland, she serves on the plaintiffs’ executive, settlement and tribal committees. National Prescription Opiate Litigation, 1:17-md-02804 (N.D. Ohio, trans’d Dec. 12, 2017).

In a bellwether trial pulled from that litigation going on right now, her firm represents San Francisco suing Walgreens, Teva Pharmaceuticals and Allergan. She attends the trial every day, but her role is behind the scenes, working with the trial team on strategy, witness selection and briefing. “We have our hand in every aspect of the trial,” she said. City and County of San Francisco v. Purdue Pharma LP, 3:18-cv-07591 (N.D. Cal., filed Dec. 18, 2018).

In August, Cabraser was named the plaintiffs’ lead counsel and chair of the plaintiffs’ steering committee in a separate action against the management consulting firm that had a major role in shaping the marketing strategy for opioids. In re McKinsey & Co. Inc. National Prescription Opiate Consultant Litigation, 3:21-md-02996 (N.D. Cal., trans’d June 1, 2021).

But she said her main activity in all the opioids matters is negotiating settlements, “which at this point I believe is my highest and best use in terms of service to the litigation.”

The work is bearing fruit. In February, the many plaintiffs and state attorneys general reached a $26 billion settlement with Johnson & Johnson and the three major distributors.

– Don DeBenedictis