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Joel H. Smith

Joel H. Smith

Executive Managing Partner
Phone:803.726.7422
Fax:803.726.7421

Joel Smith is a nationally recognized first-chair trial lawyer with more than 35 years of experience dedicated to defending high exposure product liability and mass tort litigation. As lead trial counsel, he has tried to verdict over 20 high-exposure product liability trials across the country. In recent years, he has been a central figure in two of the biggest product liability crises to hit the automotive industry, including Toyota's unintended acceleration litigation and Honda's handling of the massive recall over faulty Takata air bags.

In defending his clients, Joel begins with a robust commitment to understanding a company's product – how the product works, or how it doesn't – then drills down to the scientific truth, becoming so well-versed in the most minute of facts and science to fully enable him to teach it to judges, juries, government officials, the media and others.

Named a Product Liability MVP in 2015 by Law360, Joel has represented manufacturers of automobiles, tires, forklifts and other equipment, as well as consumer products. Joel's experience defending automotive manufacturers in catastrophic injury and wrongful death claims nationwide includes roof crush, air bags, restraints, rollover, crashworthiness, unintended acceleration, and tire defects, among others.

In pharmaceutical litigation, his experience includes lead trial counsel for a major pharmaceutical company in each of the birth defect litigation (MDL) and testosterone replacement therapy litigation. He was given a first-chair role in the defense of PPA litigation and played a leading role in two MDL Daubert hearings. Joel was also selected as trial counsel in hormone therapy cases and cases involving infant cough/cold products.

Joel’s work in these mass torts has taken him beyond the courtroom to interactions with the Department of Justice, Regulations, State Attorney Generals and Congressional committees.




Bar Admissions

  • South Carolina, 1981

Court Admissions

  • U.S. Court of Appeals, Fourth Circuit
  • U.S. Court of Appeals, Sixth Circuit, 1982
  • U.S. Court of Appeals, Eleventh Circuit, 2005
  • U.S. District Court, District of South Carolina, 1982
  • U.S. District Court, District of Colorado, 2005

Education

  • University of South Carolina School of Law, J.D., 1981
    Order of Wig and Robe
  • College of Charleston, B.A., 1978
    Major:  Political Science

Professional Associations

    • Product Liability Advisory Counsel
    • The American College of Trial Lawyers
    • Defense Research Institute
    • American Bar Association
    • South Carolina Defense Trial Attorneys' Association
    • South Carolina Fellows of the American College of Trial Lawyer
    • Greater Columbia Chamber of Commerce
    • South Carolina Bar
    • Richland County Bar Association

Distinctions

    • Law360
      —Product Liability MVP, 2015
    • Honda North America, Inc.
      —Trial Lawyer of the Year, 2004
    • Chambers USA
      —Named in Nationwide Automotive Spotlight, 2008 – 2018; Nationwide Product Liability & Mass Torts, 2008 – 2018; South Carolina Litigation: General Commercial, 2008 – 2018
    • The Legal 500 
      —Named in Product Liability, Mass Tort and Class Action: Automotive/Transport, 2011, 2013, 2016, 2018
    • Benchmark Litigation
      —National "Litigation Star", Product Liability, 2015
      —"Local Litigation Star," Product Liability, 2014 – 2015
    • Who's Who Legal
      —International Who's Who of Product Liability Defence Lawyers, 2010 — 2015, 2018
    • Best Lawyers in America
      —Listed for Product Liability Litigation — Defendants "Lawyer of the Year" in Columbia, 2016; Personal Injury Litigation – Defendants, 2014 — 2017, 2012; Product Liability Litigation, 2016 —2017, 2011, 2001 – 2002; Personal Injury Litigation, 2011, 2001 – 2002; Bet-The-Company Litigation, 2017, 2009, 2001 – 2002; Commercial Litigation, 2017, 2006, 2001 – 2002
    • Super Lawyers Magazine
      —South Carolina Super Lawyers 2008 – 2018

Recent Verdicts & Case Studies


CASE RESULTS DEPEND UPON A VARIETY OF FACTORS UNIQUE TO EACH CASE. CASE RESULTS DO NOT GUARANTEE OR PREDICT A SIMILAR RESULT IN ANY FUTURE CASE.

Recent News, Events and Blogs


Speaking Engagements

  • “Embedded Systems and 21st Century Product Liability Litigation,” Presenter, DRI Annual Meeting, October 2018
  • "Medical Device Software: Litigation in the Digital Age," DRI Drug and Medical Device Seminar, San Francisco, CA; May 2015
  • "The Impact of Product Liability Pattern Litigation in the 21st Century on the Automobile Industry," Client Seminar, Detroit, MI; September 2010

Representative Cases

  • In re: Toyota Motor Corp. Unintended Acceleration Marketing, Sales Practices and Products Liability Litigation in the U.S. District Court for the Central District of California
  • In re: Takata Airbag Products Liability Litigation in the U.S. District Court for the Southern District of Florida
  • In re Depakote Cases in the U.S. District Court for the Southern District of Illinois
  • In re: Testosterone Replacement Therapy Products Liability Litigation in the U.S. District Court for the Northern District of Illinois
  • In re Phenylpropanolamine (PPA) Prods. Liab. Litig. in the United States District Court, W.D. Washington
  • Tran v. Toyota - passive seatbelt quadriplegic; USDC Central District of Florida (Orlando)
  • Knuckles v. Toyota - brain injury, inertial unlatching; Spartanburg County, SC
  • McCoy v. Honda - quadriplegic, side impact, structural issue; Greenville County, SC
  • Kurylowicz v. Toyota - rollover/restraint ejected belted front seat passenger, two deaths; USDC Denver, CO
  • In Re: PPA (phenylpropanolamine) - MDL Counsel in Daubert hearings re: hemorrhagic stroke
  • In Re: PPA (phenylpropanolamine) - MDL Counsel in Daubert hearings re: cardiac issues