Berdy

Chris has defended a wide variety of product lines ranging from pharmaceuticals and medical devices, to consumer, commercial and industrial products and manufacturing systems. He has been consistently recognized by Best Lawyers in America and Mid-South Super Lawyers.

• Drug & Device Litigation
• Products, Catastrophic & Industrial Litigation
• Trucking Litigation

Pharmaceutical, Medical Device and Healthcare

Chris Berdy is a member of the firm’s Pharmaceutical, Medical Device & Healthcare Litigation Group.  He has extensive experience defending manufacturers of pharmaceutical products and medical devices, including developing, coordinating and implementing defense strategy in concurrent federal and state court consolidated proceedings, deposing healthcare providers and expert witnesses, and retention, development of and challenges to expert witnesses.  He also has broad experience in defending a wide variety of consumer, commercial and industrial products and manufacturing systems. In addition, he has wide-ranging experience representing publicly-held and privately-owned corporations in enforcing and defending wide-ranging claims involving contractual rights, trade secrets, false advertising and trademark infringement.

Birmingham Business Journal selected him as one of its 2021 Best of the Bar and B-Metro Birmingham Business Magazine selected him as one of “Birmingham’s Top Attorneys.” He is recognized for his expertise by Best Lawyers in America® and Mid-South Super Lawyers, and he is AV® – Preeminent™ Peer Review Rated by Martindale-Hubbell®. He is a member of Leadership Birmingham’s Class of 2015.

From 2020-2023, Chris was a member of the Board of Directors of the International Association of Defense Counsel (IADC) and has served in numerous other leadership roles with IADC, including serving on the faculty of IADC’s 2018 Trial Academy, Chair of the CLE Committee (2016-2017 and 2019-2020), and Chair of the Alabama State Membership Committee (2011-Present), among other roles.  He also co-chaired the 2013 IADC & FDCC Joint Law Firm Management Conference. He is involved in a number of other organizations, including the Alabama Defense Lawyers Association, Defense Research Institute (DRI), Food and Drug Law Institute, and the American Bar Association.

A frequent author and speaker, he recently spoke at the 2019 IADC Annual Meeting and at the 2019 IADC Mid-Year Meeting on the topic of direct and cross-examination of expert witnesses at trial.  He regularly authors articles for Butler Snow’s pharmaceutical and medical device industry publication, Pro Te: Solutio, as well as other industry publications.

Chris is a member of the Board of Directors of the Alabama Holocaust Education Center, and he is a longtime member of the Rotary Club of Birmingham and St. Mary’s-on-the-Highlands Episcopal Church. Chris is a former member of the Washington & Lee National Alumni Board, former Birmingham Area Chair of the Alumni Admission Program of Washington & Lee University, and past President of the Washington & Lee University Birmingham Alumni Chapter.

He obtained his J.D. from Cumberland School of Law (1996) and B.A. in Geology and Environmental Studies from Washington and Lee University (1991). He is admitted to practice in Alabama.

Pharmaceutical and Medical Device Litigation  

• Extensive experience in defending manufacturers of pharmaceutical products and medical devices, including developing, coordinating and implementing defense strategy in concurrent federal and state court consolidated proceedings, deposing healthcare providers and expert witnesses, and retention, development of and challenges to expert witnesses.  Recent experience includes:
  • In re: Ethicon, Inc. Physiomesh Prods. Liability Lit., MDL No. 2782 (N.D. Ga.)
  • In re: Ethicon, Inc. Pelvic Repair Sys. Prods. Liability Lit., MDL No. 2327 (S.D.W.V.).
  • In re: Pradaxa (Dabigatran Etexilate) Prods. Liability Lit., Coordinated Proceedings:
    • MDL No. 2385 (S.D.IL)
    • Superior Ct., Jud. Dist. of Hartford, CT (Complex Lit. Docket)
    • Superior Ct of CA, County of San Francisco, J.C.C.P No. 4863
    • Adler, et al. v. Boehringer Ingelheim Pharm., Inc., Louis, MO Circuit Ct.
  • In re: Accutane Lit., Superior Court of N.J., Case Code No. 271.

Products Liability Litigation

• Broad experience in defending a wide variety of consumer, commercial and industrial products and manufacturing systems. Recent experience includes:
   
  • Defended international designer/manufacturer of industrial steel manufacturing system for multi-million dollar property damage claims arising out of massive molten steel spill. Secured summary judgment on product-defect claims.
  • Successfully defended manufacturer of induction furnace in personal injury/wrongful death claim arising out of furnace explosion.
  • Successful defense of electronic controls manufacturer in multiple wrongful death claims arising from catastrophic underground mining accidents.
  • Numerous other product lines defended, including all-terrain vehicles, automobiles, bar sealers, blow mold machines, concrete anchor lifting systems, extruders, hydraulic transfer cars, commercial HVAC systems, kerosene heaters, mobile cranes, PVC pipe, power tools, soot blowers, stainless steel wire rope, televisions, and toasters.

Business Disputes  

• Wide-ranging experience representing publicly-held and privately-owned corporations in enforcing and defending wide-ranging claims involving contractual rights, trade secrets, false advertising and trademark infringement.  Recent experience includes:
  • Successfully secured injunctive relief on behalf of national HVAC designer/manufacturer in trade secrets action against competitor.
  • Represented national paper plate manufacturer in false advertising claims against competing manufacturer arising out of national television advertising campaign.
  • Represented air ambulance transport services provider in trademark infringement and cybersquatting claims.
  • Represented national radio station owner in enforcement of non-compete agreement with local radio personality.

• Chambers USA, America's Leading Lawyers for Business
  • Litigation: General Commercial – Alabama, 2024
• Martindale-Hubbell®
  • AV®- Preeminent™ Peer Review Rated
• Best Lawyers in America®
  • Personal Injury Litigation – Defendants, 2014-2025
• Super Lawyers®
  • Mid-South Super Lawyers, Personal Injury Defense: Products, 2016-2023
  • Alabama Super Lawyers, Personal Injury Defense: Products, 2013-2015
• 2024 Law360 Distinguished Legal Writing Award, The Burton Awards
• Birmingham Business Journal, Best of the Bar, 2021
• B-Metro Birmingham Bus. Mag., "Birmingham's Top Attorneys", 2016-Present
• Leadership Birmingham, Class of 2015

• Alabama, 1996
• U.S. District Courts
• Alabama: Northern, Middle, Southern
• U.S. Court of Appeals
• 11th Circuit

• Cumberland School of Law, J.D., 1996
  • Dean’s List
  • Articles Editor, American Journal of Trial Advocacy
  • Cordell Hull Legal Research and Writing Teaching Fellow
• Washington and Lee University, B.A., Geology and Environmental Studies, 1991
  • Member, Men’s Varsity Tennis, 1988 NCAA Div. III National Champions
  • Inductee, Athletic Hall of Fame

• International Association of Defense Counsel (IADC)
  • Member, Board of Directors, 2020-2023
  • Faculty, 46th Annual IADC Trial Academy, 2018, Stanford Law School
  • Chair, CLE Committee, 2016-2017, 2019-2020
  • Chair, Alabama State Membership Committee, 2011-2023
  • Chair, In-House & Law Firm Management Committee, 2013-2015
  • Chair, 2014 Annual Meeting CLE Steering Committee
  • Chair, Alternative Dispute Resolution Committee, 2010-2012
  • Co-Chair, IADC & FDCC Joint Law Firm Management Conference, 2013
  • Appointed Member, Nominating Committee, 2011
• Alabama Defense Lawyers Association
• Defense Research Institute (DRI)
• Food and Drug Law Institute
• American Bar Association

• Author, "The Nuremberg Trials:  A Story for Trial Lawyers," Pro Te: Solutio, Vol. 16, No. 1, March 2023.
• Author, “Solving the Problem of Daubert’s “Shaky but Admissible Evidence”: An Amendment to Federal Rule of Evidence 702 May Be Forthcoming,” Pro Te: Solutio, Vol. 14, No. 1, February 2021.
• Speaker, “IADC Talks: Humanity United,” International Association of Defense Counsel’s 2019 Annual Meeting, Asheville, N.C., July 8, 2019.
• Speaker, "Back to Basics: Direct and Cross-Examination of Expert Witnesses at Trial," International Association of Defense Counsel's 2019 Midyear Meeting, Santa Barbara, Calif., February 26, 2019.
• Co-Author, "For Design Defect Cases, Alabama's Alternative Design Requirement Just Got Tougher," IADC Drug Device and Biotechnology Committee Newsletter, December 2016.
• Chapter Co-Author, “Liens and Medicare Secondary Payer Act,” IADC Defense Counsel Training Manual (3d Ed. 2016).
• Co-Author, “Alabama No Longer an Outlier State:  Legislature Says ‘No’ To Innovator Liability,” Pro Te: Solutio, Vol. 8 No. 3, December 2015.
• Author, "Thinking Bigger: Broadening Regulatory Strategy For New Medical Devices By Planning For Both Regulatory and Reimbursement Approval," Pro Te: Solutio, Vol. 8 No. 2, October 2015.
• Speaker, "Strategic Planning for Law Firms:  Key Considerations," IADC 2015 Annual Meeting, July 8, 2015.
• Author, "Collaboration: Part of the Pharmaceutical Industry's New Normal," Pro Te: Solutio, Vol. 7 No. 2, 25-31, June 2014.
• Co-Author, "What Do California, Vermont and Alabama Have in Common?" Pro Te: Solutio, Vol. 6 No. 3, September 2013.
• Speaker, "Alternative Fee Arrangements & Value Billing," IADC 2013 Annual Meeting, July 8, 2013.
• Speaker, "The Future of the Legal Services Industry," IADC & FDCC Joint Law Firm Management Conference, May 10, 2013.
• Co-Author, "What Do California, Vermont … and Alabama Have In Common?: Innovator-Liability for Brand-Name Prescription Drug Manufacturers," IADC Committee Newsletter, February 2013. 
• Co-Author, "The Mississippi Supreme Court Issues A Get-Out-of-Jail Card to Unlicensed Engineers Offering Expert Testimony," IADC Committee Newsletter, December 2012.
• Moderator, "The Decision to Seek Arbitration – Be Careful What You Wish For …," IADC Annual Meeting, July 2012.
• Moderator, "Why Clients Are Demanding Value and What Law Firms Are Doing (or Not) to Meet The Challenge," IADC Midyear Meeting, February 2012.
• Author, "Alabama Now Recognizes A Civil Cause of Action for the Wrongful Death of A Non-viable Fetus," IADC Medical Defense & Health Law Committee Newsletter, October 2011.
• Author, "Finally…Alabama Makes the Change from Frye to Daubert," IADC Trial Techniques & Tactics Newsletter, July 2011.
• Panelist, "Meeting Your Client’s Expectations in Mediation," IADC Midyear Meeting, February 2011.
• Co-Author, "Overcoming the Vanishing Trail: A Lawyer’s Skills Are More Vital Than Ever to Success at Mediation," IADC ADR Committee Newsletter, January 2011.
• Co-Author, "Kawasaki v. Regal-Beloit: The Supreme Court Resolves the Long-Standing Circuit Split Regarding the Law Applicable to Multimodal Shipping Contracts," IADC Environmental, Energy and Maritime Law Committee Newsletter, December 2010.
• Moderator, "Uses of Social Media in Discovery and Trial," IADC Webinar, June 2010.
• Co-Author, "The Medicare, Medicaid, and SCHIP Extension Act of 2007: A Practitioner’s Guide to Resolving Personal Injury Liability Claims by Medicare Beneficiaries," 76 Def. Couns. J. 393, October 2009.
• Author, "Alabama Has a Difference of Opinion: When Does Testimony by an Out-of-State Engineer Constitute the Practice of Engineering?" IADC Product Liability Committee Newsletter, January 2007.
• Author, "What Every Product Manufacturer Needs to Know When Defending a Lawsuit in Alabama," IADC Product Liability Committee Newsletter, January 2006.
• Co-Author, "The Basics of Applying Daubert and Frye in State Court," Alabama Defense Lawyers Association Journal, 21, April 2003.

• Alabama Holocaust Education Center, Board Member & Speakers’ Bureau Member
• Rotary Club of Birmingham, Member
• St. Mary’s-on-the-Highlands Episcopal Church, Member
• Washington & Lee University
  • Member, National Alumni Board, 2015-2019
  • Birmingham Area Chair, Alumni Admissions Program, 2001-2019
  • President, Birmingham Alumni Chapter, 2000-2002