Mr. Kelleher is a member of the Firm’s General Litigation and Trial Practice Group. He has more than twenty-five years of experience in federal and state courts nationwide, and he has extensive experience resolving disputes through mediation and arbitration proceedings.
Mr. Kelleher devotes the principal part of his practice to the defense of product liability matters, with an emphasis on the defense of product design claims. He has defended design claims involving shotguns, cruise ship lifts, railway track equipment, industrial conveyors, and a broad range of equipment for the paper, packaging, panel board, non-woven and converting industries.
In addition, Mr. Kelleher counsels clients in product liability risk avoidance. He has worked with clients to establish design review procedures, to improve product safety warnings and instructions, to train sales and service personnel on risks associated with new products and rebuilding or servicing existing products.
Mr. Kelleher has extensive experience working with European-based clients who provide products and/or services in the United States. He has conducted product safety and product liability seminars in Europe, Canada and the United States.
Mr. Kelleher also has experience in Constitutional litigation involving restrictions on depictions of violence in the media. He represented manufacturers and distributors of video games in their First Amendment challenge to legislation restricting access by minors to video games containing depictions of violence. He represented producers and distributors of motion pictures in their First Amendment challenge to legislation restricting access by minors to motion pictures containing depictions of violence.
At the ABA 2001 Annual Meeting, he was a panelist on "Media Violence -- Its Impact and Aftermath: Is Anyone Liable."
Representative Matters:
Represented an international supplier of technology and equipment for the pulp and paper industries in risk management and product liability matters for more than 15 years, including risk management training programs in the United States and Europe and defense of claims in federal and state courts throughout the United States.
Represented an Austrian-based supplier of railroad track maintenance and construction equipment in defense of a multi-jurisdiction product liability claim. Eggleton v. Plasser & Theurer
Export Von Bahnbaumaschinen Gesellschaft, 495 F.3d 582 (8th Cir. 2007).
Represented Latin American investors in a closely held Brazilian corporation in international arbitrations and federal court litigation arising out of a shareholder dispute.
Represented businesses and trade associations in an action to declare unconstitutional under the First Amendment to the U.S. Constitution a City of Indianapolis Ordinance that restricted the public display and sale of video games depicting violence. American Amusement Machine
Assn. v. Kendrick, 244 F.3d 572 (7th Cir. 2001), cert. denied 534 U.S. 994 (2001).
Defended a Washington, D.C. law firm and its client in an action to obtain materials prepared by the law firm under the attorney work product doctrine. Hager v. Bluefield
Regional Medical Ctr., 17 F.R.D. 70 (D.D.C. 1997).
Represented multiple non-profit membership associations as amici to the U.S. Supreme Court in support of the retroactive application of the Civil Rights Act of 1991. Rivers v. Roadway
Express, 511 U.S. 298 (1994).
Represented businesses and trade associations in an action to declare unconstitutional under the First Amendment to the U.S. Constitution a Missouri statute that restricted the public display and sale of videocassettes and videotapes depicting violence. Video Software
Dealers Assn. v. Webster, 968 F.2d 684 (8th Cir. 1992).
Represented a plaintiff-class of African American employees of the Library of Congress in a Title VII challenge to racially discriminatory promotion practices. Cook v. Billington,
82-0400, U.S. District Court, District of Columbia.
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