Ian S. Millican

212.980.7400

Experience

Ian S. Millican has a 360-degree perspective on complex civil litigation: he has extensively represented plaintiffs in mass tort actions involving pharmaceuticals and medical devices, products liability, and in complex commercial litigation; he has defended Fortune 500 companies throughout the United States and internationally in a variety of products liability and mass tort matters; and he clerked for the late Hon. Carole E. Higbee, the preeminent New Jersey mass tort trial judge of her time.

Having practiced on both sides of the ‘v.,’ as well as having observed from the bench many of the country’s top advocates litigating bet-the-company cases, Ian understands his adversaries’ strategies and how judges will evaluate cases and arguments.

Clients, colleagues, and co-counsel call on Ian to contribute to litigation strategy, legal briefing, and oral advocacy, including, taking depositions of corporate representatives, expert witnesses, scientists, medical specialists, and doctors, in high-stakes trial matters.

Ian’s pre-trial deposition successes include having his transcript quoted, in order to impeach a defense expert witness, at a trial that resulted in a $4.69 billion verdict, one of the largest verdicts of 2018. He has also successfully briefed issues in some of the most complex and large Multi-District Litigations in history.

Represented Ohio counties of Cuyahoga and Summit on behalf of the Plaintiffs’ Executive Committee in the National Prescription Opiate Litigation.  In the Track 1 bellwether case against Defendant Janssen / Johnson & Johnson, prior to favorable settlement, Ian took depositions of Janssen’s Director of Healthcare Compliance and Janssen’s expert witness in neuroscience, and he worked up the controlled substances compliance and marketing cases concerning Janssen’s Nucynta, Nucynta ER, and Duragesic products.  Ian was also on the briefing team opposing Janssen’s Motion for Summary Judgment.  In Re: National Prescription Opiate Litigation – MDL No. 2804 (N.D. Ohio). (Prior to joining Robins Kaplan LLP)

Represented 22 plaintiffs alleging talcum powder use caused ovarian cancer in a products liability action against Johnson & Johnson.  Among other case workup, Ian took the pre-trial deposition of J&J’s expert witness in gynecological oncology, who took the stand as J&J’s last witness in its case-in-chief.  During the trial, which resulted in a $4.69 billion verdict, lead counsel quoted Ian’s deposition transcript to impeach this witness.  Gail Ingham, et al., v. Johnson & Johnson, et al. – Case No. 1522-CC10417-01 (Cir. Ct. of St. Louis, MO). (Prior to joining Robins Kaplan LLP)

Represented multiple bellwether plaintiffs’ cases in a Multi-District litigation against Ethicon alleging injuries arising from its pelvic mesh medical devices.  Ian worked up cases for trial, defended depositions of both plaintiffs and expert witnesses in urogynecology, took depositions of treating, implanting, and revising physicians, and briefed dispositive motions.  In Re: Ethicon, Inc., Pelvic Repair System Products Liability Litigation – MDL No. 2327 (S.D.W. Va.). (Prior to joining Robins Kaplan LLP)

Represented lead plaintiff/class representative against Mylan in a class action alleging anti-competitive marketing and sales practices of the EpiPen, including workup of the case and defending Plaintiff’s discovery deposition.  In Re: EpiPen (Epinephrine Injection, USP) Marketing, Sales Practices and Antitrust Litigation – MDL No. 2785 (D. Kan.). (Prior to joining Robins Kaplan LLP)

Represented Plaintiff in bellwether trial case in a Testosterone Replacement Therapy products liability action against Abbvie, Inc.  Serving as the senior associate on the case, Ian fully worked up the case as trial-ready prior to its favorable settlement, including, defending the plaintiff’s deposition and taking depositions of the prescribing physician and treating cardiologist in this Cook County State Court corollary to In Re: Testosterone Replacement Therapy Products Liability Litigation – MDL No. 2545 (N.D. Ill.). (Prior to joining Robins Kaplan LLP)

Represented bellwether plaintiffs in the Pinnacle Hip Implant litigation against DePuy Orthopaedics, Inc., and took the pre-trial deposition of DePuy’s expert witness in biochemical engineering and ultra-high-molecular-weight polyethylene.  In Re: DePuy Orthopaedics, Inc., Pinnacle Hip Implant Products Liability Litigation – MDL No. 2244 (N.D. Tex.). (Prior to joining Robins Kaplan LLP)

Represented plaintiffs alleging injuries from the recalled Metal-on-Metal ASR hip implant manufactured by DePuy Orthopaedics, Inc.  Ian shepherded more than 100 cases through two nationwide settlements, and worked-up opt-out and non-qualifying cases.  In Re: DePuy Orthopaedics, Inc., ASR Hip Implant Products Liability Litigation – MDL No. 2197 (N.D. Ohio). (Prior to joining Robins Kaplan LLP)

Represented a client alleging copyright infringement against producers of a popular television show.  Ian handled all aspects of case workup, including evaluation of claims under the doctrine of substantial similarity, and complaint and demand letter drafting, prior to favorable settlement for a confidential amount. (Prior to joining Robins Kaplan LLP)

  • Named a “New York Rising Star” in Class Actions/Mass Torts, Super Lawyers (2015-2019)
Bar Admissions
  • New Jersey
  • New York
  • U.S. District Court, District of New Jersey
  • U.S. District Court, Eastern District of New York
  • U.S. District Court, Southern District of New York
Education
  • Fordham University School of Law, J.D., (2010) Fordham Intellectual Property, Media & Entertainment Law Journal, Notes & Articles Editor (2009-2010)
  • Cornell University, B.A. in English, College of Arts and Sciences (2006)
Professional Associations
  • New York State Bar Association
  • New York City Bar Association
  • New York Trial Lawyers Association
  • American Association for Justice
  • New Jersey Association for Justice
  • Mass Tort Settlements and the U.S. ASR Settlement MDL 2197 
    Guest Lecturer, Remedies, Fordham University School of Law (2017)
  • Case Intake Criteria and Litigation Update: Testosterone Replacement Therapy (In Re: Testosterone Replacement Therapy Products Liability Litigation, MDL No. 2545)
    New Jersey Association for Justice Boardwalk Seminar
    , Atlantic City, New Jersey (2017)
  • Case Intake Criteria and Litigation Update: Abilify (In Re: Aripiprazole Products Liability Litigation, MDL No. 2734)
    New Jersey Association for Justice Boardwalk Seminar, Atlantic City, New Jersey (2017)
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