Barry B. Sutton

Barry helps small, mid-sized and large corporations nationally, and spearheads a consistent defense against claims made relating to their products. Barry routinely counsels companies relating to risk management, risk avoidance, marketing and sale of products. Barry confers with clients relating to consumer claims, consumer disputes, CPSC regulations, and other federal regulations and requirements. Barry’s involvement in the defense of sports, hunting and outdoor product manufacturers, and automotive companies on a national basis has allowed him to help shape the trends in product liability on a national level.

Barry’s products liability practice includes litigating cases involving product liability, breach of contract, misrepresentation, fraud, false imprisonment, false arrest, automobile liability, conversion, bad faith, violation of the consumer protection act and negligence. As principle drafter of the successful appellate briefs in Gregory v. Cincinnati, Peck v. Bridgeport Machines and Hollister v. Dayton Hudson Corporation, Barry helps to define and structure the risk-utility test in product liability.

Barry also defends companies in commercial disputes alleging breach of contract, intentional interference with business relations, breach of warranty, misrepresentation, failure to compensate for sales commissions and breach of exclusive sales contracts. In addition, Barry obtains restraining orders in cases preventing sub-component manufacturers from refusing to ship on “just in time” requirements contracts due to the alleged rise in raw material costs.

Barry handles cases relating to complex litigation and insurance coverage. For example, Barry was one of the lead trial counsel in the Dow Corning Breast Implant Coverage Litigation, an over two billion dollar dispute that still stands as one of the largest and most complex insurance coverage disputes in the history of the United States.