Stephen Swedlow

Member

In 2008, Stephen A. Swedlow merged his firm, Swedlow & Associates, with Korein Tillery to rejoin the practice with which he was affiliated from 2001 - 2004.

Mr. Swedlow graduated Summa Cum Laude from The Ohio State University College of Law in 1995 where he served as the Associate Editor of the Law Review. Upon graduation, he clerked for Judge Jerome Farris of the United States Court of Appeals for the Ninth Circuit. He was named a Top Attorney (top 3% in the nation) by Legal News. Mr. Swedlow was named on the list of 2007 Superlawyers and was featured as such in Illinois Superlawyers and Chicago Magazine.

Mr. Swedlow is a member of the trial bar for the Northern District of Illinois and many other federal appellate and trial courts throughout the country. He has extensive trial experience in representing both plaintiffs and defendants in federal and state courts as well as in alternative dispute resolution forums. Mr. Swedlow possesses a unique hybrid of experience in class action/derivative claims litigation; over the course of his career, he has represented both plaintiffs and defendants in consumer class actions as well as in securities claims.

Most recently, while at Swedlow & Associates, Mr. Swedlow functioned as the primary negotiating counsel on behalf of plaintiffs in class action litigation against GlaxoSmithKline concerning the prescription drug Paxil. These negotiations culminated in GSK agreement to reimburse third-party payors up to $40 million for their costs in insuring purchases paid for by the parents of minors prescribed Paxil or Paxil CR. Stephen Swedlow also recently participated in the settlement of a nationwide class of pediatric Paxil and Paxil CR users that required GSK to reimburse up to $63.8 million.

While with Korein Tillery in 2002 and 2003, Mr. Swedlow spearheaded a team of 35 attorneys and paralegals in class action litigation against the three primary domestic tobacco manufacturers (Philip Morris, RJ Reynolds and Brown and Williamson) under the Illinois Consumer Fraud Act on behalf of all Illinois purchasers of "Lights" cigarettes over the past 32 years. Mr. Swedlow served as trial counsel in Price v. Philip Morris and was responsible for the presentation and cross examination of expert witnesses and fact witnesses, including world-renowned tobacco experts testifying on behalf of the National Cancer Institute, the American Cancer Society, and the Lombardi Cancer Center. Following an 8-week trial, a $10.1 billion judgment was entered against Philip Morris - the largest verdict in the history of the Illinois court system. In recognition of his efforts, Mr. Swedlow was nominated as a Trial Lawyer of the Year Finalist for 2003 by the Trial Lawyers for Public Justice.

During the pursuit of this case, Mr. Swedlow was invited to testify before the Illinois Senate Executive Committee regarding proposed bond cap legislation and was successful in defeating this legislative initiative in Illinois.

Mr. Swedlow also recently settled an employment-related class action on behalf of all hourly employees of Sport Chalet. He continues to actively prosecute class actions in the areas of tobacco, pharmaceuticals, securities and consumer fraud in state and federal courts throughout the country.

Before joining Korein Tillery, Mr. Swedlow had extensive commercial litigation experience in federal and state courts as well as commercial arbitrations - both for plaintiffs and defendants - while practicing in the Litigation and Environmental departments at Latham & Watkins in Chicago. He has served as lead counsel in several hearings, arbitrations and jury trials, argued and won motions, taken and defended over 250 fact and expert depositions, drafted several successful appellate briefs and handled over a dozen direct and cross-examinations in federal court. Mr. Swedlow has obtained multi-million dollar awards for his clients in federal court, state court and binding arbitrations. While representing defendants, he has been equally successful in defeating potentially enterprise threatening claims brought by plaintiffs. Mr. Swedlow has also successfully defended these favorable trial rulings at the appellate level both in federal and state courts of appeals.

As for his areas of expertise beyond class actions, Mr. Swedlow has had substantial experience in litigating cases involving intellectual property rights - representing both plaintiffs and defendants in jury trial patent infringement cases. He has also obtained preliminary injunctive relief for his clients under the Copyright Act after full evidentiary hearings.

Mr. Swedlow also has broad experience in the field of environmental litigation, representing clients with regard to CERCLA, RCRA, common law and contractual indemnity claims. He has represented parties in defense of claims brought by the U.S.E.P.A. as well as parties involved in private party cost recovery litigation. He has taken an active role in representing clients at Superfund sites across the country. Mr. Swedlow has also represented clients in Alternative Dispute Resolution proceedings involving the remediation of environmental contamination under CERCLA and RCRA.

Recent news articles about Mr. Swedlow’s work:
Glaxo Settles Paxil Suit for $40 Million, Wall Street Journal, 3 Oct 2008

Judge Approves $40 Million Settlement in Second Phase of National Pediatric Paxil Class Action—Insurance Companies to be Reimbursed, 1 Oct 2008

Nigeria targets tobacco firms, BBC News, 14 Jan 2008

Nigeria: Tobacco Companies Sued, New York Times, 8 Nov 2007

Charities reaping lawsuit dividends, Chicago Tribune, 9 Sept 2007

Tobacco giants ‘targeted African children to boost flagging profits’, London Times Online, 4 July 2007

Plaintiffs in $63 million Paxil case claim ‘objectors’ violated RICO in new class action, Madison-St. Clair Record, 9 June 2007

Judge rules $63.8 million settlement in Paxil case fair, Belleville News-Democrat, 27 Apr 2007

Judge Approves Final Terms of Improved National Pediatric Paxil Class Action Settlement—Consumers Get a Better Deal, Lawyers & Settlements, 27 Apr 2007

$64 million deal on Paxil nears OK, St. Louis Post-Dispatch, 26 Apr 2007

Lawyers argue over their Paxil split, St. Louis Post-Dispatch, 26 Apr 2007

Court Approves $2.25 Million Settlement in Wage and Hour Class Action Against Sport Chalet, 4 Dec 2006