Paul W. Schmidt

Paul W. Schmidt is a partner and co-chair of Covington's product liability and mass torts practice group. In the last two years, he has managed major mass torts, including the opioid trials against drug distributors and teen mental health litigation against social media companies like Facebook and Instagram.

One of his major cases involves representing Meta in more than 800 lawsuits filed against various social media companies by school districts and parents. These cases allege that teens became addicted to platforms like Instagram and Facebook. Schmidt successfully dismissed the majority of the California state court claims, including all product liability claims, and narrowed the claims in federal court. This litigation is centralized in the Northern District of California and the Los Angeles Superior Court.

"The teen mental health lawsuits pending against social media companies in California state and federal courts seek to massively expand tort liability and limit the statutory and constitutional protections that have allowed the internet to flourish and provide positive social value," Schmidt said. "Clear legal standards, both from the trial courts and on appeal, will be critical in these cases."

Through his leadership in three opioid cases, Schmidt also achieved a complete defense verdict in one and favorable settlements in the others. His efforts also led to wins in appellate and trial courts, impacting hundreds of cases, particularly in California.

Another significant case was the complete defense verdict for McKesson in a bench trial in West Virginia federal court. This case was a bellwether for broader opioid litigation and involved claims totaling $2.5 billion. Schmidt's strategic questioning and cross-examination were pivotal in achieving this outcome.

"I have been fortunate to work on cases that present not just cutting-edge legal issues, but also fundamental societal issues," Schmidt said. "The opioid cases I tried involved unique questions about whether a medication distributor could be held liable for all harm from the opioid crisis. The social media lawsuits I am currently defending also involve unique legal and factual questions about whether social media companies are responsible for negative teen mental health."

He said he has faced challenges like excluding unreliable expert opinions and debating the application of California state law on expert witnesses.