Cal R. Burnton

Cal Burnton is a partner in the Litigation Department of Wildman Harrold. Cal has earned a national reputation for coordinating, managing, and defending complex product liability and mass toxic tort cases with a special emphasis on high-risk matters involving novel legal, scientific, and environmental theories. Over his 25-year career, Cal has litigated and won numerous complex product liability cases for leading manufacturers and sellers of products such as health care appliances, medical devices, electrical equipment, firearms, printing presses, industrial machinery, and power tools. Cal is also a trusted counselor to his clients, advising them on issues regarding product liability, product safety, and related matters. Throughout the years, he has represented corporate clients in both federal and state courts in almost every state across the country. He is also a frequent lecturer at the University of Wisconsin-Madison, and has presented seminars on product liability issues in Japan and the University of Warwick in England, as well as for an association of heavy equipment manufacturers and for various insurance companies.

Representative Experience:

As lead trial and coordinating counsel, defends chemical manufacturers in numerous lawsuits in Mississippi alleging environmental contamination leading to health and property damage. The suit was brought by residents living near client’s chemical plant. Involved in similar case in West Virginia involving class action issues and medical monitoring.
Represents manufacturer of creosote and pentachlorephenal in ongoing national defense coordination for numerous toxic tort matters filed across the country
As national counsel for Smith & Wesson, coordinated, managed, and defended numerous product liability cases alleging claims of wrongful death, hearing loss, and shooting injuries
As lead counsel, defended manufacturer of water tank liner against allegations that the client contaminated water at a community housing facility; case involved claims of medical monitoring on behalf of several hundred present and past residents
As coordinating counsel, represented manufacturers of rifles and shotguns against various product liability claims. Achieved successful defense verdict in trial in Anchorage, Alaska in 2003. Defended other cases in Alabama, Georgia, Texas, Tennessee, and Wisconsin.
Defended several claims involving hearing loss issues, involving products such as police sirens, firearms, and flares
Defended corporations in cases involving licensing and trademark issues, including cases in Florida, West Virginia, and Illinois
Represents foreign corporation in claims asserting veil piercing theories of liability for environmental toxic tort claims brought against acquired subsidiary company
Counsels clients on national and international product safety issues, warning issues, FIFRA compliance, and drafting Material Safety Data Sheets
Defended manufacturers of various types of products in product liability claims in numerous state and federal courts across the country; defended products include excavators, food cooking equipment, paper slitters and rewinders, wood cutting equipment, pharmaceuticals, and police equipment

Reported Decisions:

Barnes v. Koppers Inc., 534 F.3d 357 (5th Cir. 2008)
Stephen Whaley v. Sturm Ruger & Company, Inc., Superior Court for the State of Alaska, No. 97-03022
Beck v. Koppers, et al., Northern District of MS 2006 U.S. Dist. Lexis 17866, 2006 U.S. Dist. Lexis 16168, 2006 U.S. Dist. Lexis 16099, 2005 U.S. Dist. Lexis 26613
Koppers v. Crowder, 2005 Miss. Lexis 376, (2005)
Camden County Bd. v. Berretta, 273 F.3d 536 (3rd Cir. 2001)
Young v. Bryco Arms, 327 Ill. App.3d 948 (1st Dist. Ill. 2001)
White v. Smith & Wesson, 97 F. Supp. 2d 816 (N.D. Ohio 2000)
Copier v. Smith & Wesson Corp., 138 F.3d 833 (10th Cir. 1998)
Treadway v. Smith & Wesson Corp., 950 F.Supp. 1326 (E.D. Mich 1996)
Hamilton v. Accu-Tek, 935 F. Supp 1307 (E.D. N.Y. 1996)
Riordan v. Int. Armament, 132 Ill. App. 3d 642, (1983)
Linton v. Smith & Wesson, 127 Ill. App. 3d 676, 1983

Publications And Presentations:

Author, “New Standard Helps Manufacturers Meet Duty to Warn in Product Manuals,” IndustryWeek, October 22, 2008.
Author, “Expanding The Duty To Warn In Wash. Liability Cases,” Product Liability Law360, October 21, 2008.
Author, “Much-Needed Guidance For Product Safety Manuals,” Product Liability Law360, October 16, 2008.
Author, “Danger Ahead - Caution Needed When Defending Company Witnesses,” Product Liability Law & Strategy, Vol. 28 (4), October 2008.
Author, “Narrowing the Field in Mass Torts: The Lone Pine Solution,” Toxic Torts Verdict Reports, March 2008.
Instructor, Seminars on Product Liability and Warnings & Instructions, University of Wisconsin, spring and fall semesters, 1990–present.
Instructor, 15th and 18th Product Liability Conference, University of Wisconsin. November 2003 and November 2006.
Regular Lecturer and Speaker, Product Liability and Defense Group, spring and fall, 1988–present.
Instructor, “Using Safety Manuals To Avoid Litigation,” July 1998.
Speaker, “Avoidance of Liability,” European AIRMEC Conference, University of Warwick, England, 1997.
Speaker, “Product Liability and Accident Prevention,” Japan Risk Management Association; Tokyo, Japan; August 1991–1992, October 1995, October 1999.
Speaker, “Risk Management and Product Liability,” Nippon Fire and Marine Insurance Company Ltd.; Tokyo, Japan; October 1993.

New Standard Helps Manufacturers Meet Duty to Warn in Product Manuals

Professional Associations:

Wildman Harrold Professional Standards Committee, 1998–present

Defense Research Institute

Illinois State Bar Association

International Association of Defense Counsel

Wisconsin State Bar Association

Staff Attorney, United States Court of Appeals for the Seventh Circuit, 1981–1983

Bar Admissions:

Illinois, 1983

Wisconsin, 1981

U.S. District Court for the Northern District of Illinois (Trial Bar member)

U.S. District Court for the Eastern and Western Districts of Wisconsin

U.S. Court of Appeals for the Seventh Circuit

U.S. Court of Appeals for the Fifth Circuit

Personal Information:

Cal resides in Arlington Heights, Illinois with his wife and four children. He is a native of Green Bay, Wisconsin and is a proud owner of the Green Bay Packers.

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