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Ashley Burkett is a member of the firm’s product liability and mass tort practice group but has advised a wide range of clients on some of their most challenging legal issues.

She has represented global pharmaceutical companies in nearly every aspect of litigation, including motion practice, discovery and case workup, trial, and appeals. She has extensive experience with legal and briefing strategy in product liability and other complex cases at the trial and appellate levels—including key dispositive issues like federal preemption and Federal Rule of Evidence 702’s standards governing the admission of expert testimony. She has also worked with company and expert witnesses on issues ranging from regulatory approval to pharmacovigilance to medical causation. She is an active member of Lawyers for Civil Justice, which advocates for improvements to procedural and evidentiary rules.

Ms. Burkett also has had the privilege to represent clients pro bono in high-stakes cases. She was a member of the team that persuaded the Florida Supreme Court to unanimously reverse a death-row inmate’s conviction and sentence in light of new DNA evidence and confessions by another suspect, which ultimately led to his exoneration. She represented a group of exonerees as amicus curiae in support a new trial for Charles McCrory, an Alabama inmate whose conviction rested on the same type of unscientific bite mark evidence that led to the wrongful convictions of the exonerees. And she was part of the team that advocated for the constitutional rights of Kenneth Eugene Smith, who was executed by the State of Alabama in January 2024 in the first known nitrogen hypoxia execution in the world.

Experience

  • Eisai Inc., in securing dismissal of two putative nationwide consumer class actions alleging economic losses from the purchase of a prescription weight loss medication, including briefing and arguing an appeal in the U.S. Court of Appeals for the Third Circuit.
  • Eisai Inc., as part of national counsel team, in nationwide litigation involving prescription obesity medication, including coordinating national briefing strategy, preparing company witnesses, and developing expert strategy.
  • International pharmaceutical company, advising on product liability issues related to COVID-19 vaccine, including statutory issues related to the Public Readiness and Emergency Preparedness Act (PREP Act) and Countermeasures Injury Compensation Program.
  • International pharmaceutical company, in obtaining dismissal of personal injury claims for lack of personal jurisdiction. 
  • New York Community Bancorp, Inc., in obtaining decisions upholding the dismissal of Sarbanes-Oxley whistleblower claims in appeals before the Administrative Review Board and U.S. Court of Appeals for the Second Circuit.
  • Herbicide manufacturer, in multiple federal and state court product liability lawsuits as member of briefing team.
  • International pharmaceutical company, as member of briefing team, in successful defense of product liability claims in two MDL bellwether trials involving a prescription medication.
  • Major financial institution in obtaining favorable decisions in federal and state appellate courts in multiple appeals involving foreclosure and consumer protection laws. 

Recognition

Best Lawyers
"Ones to Watch" Product Liability Litigation: Defendants  (Washington, D.C.) (2023-2025)

Credentials

Education

  • J.D., University of Alabama School of Law, summa cum laude
  • B.A., Economics and Finance, Huntingdon College, summa cum laude

Admissions

  • District of Columbia
  • Alabama
  • U.S. Court of Appeals for the First Circuit
  • U.S. Court of Appeals for the Second Circuit
  • U.S. Court of Appeals for the Third Circuit
  • U.S. Court of Appeals for the Sixth Circuit
  • U.S. Court of Appeals for the Eleventh Circuit
  • U.S. District Court, District of Columbia

Clerkships

  • U.S. Court of Appeals for the Eleventh Circuit, The Honorable Ed Carnes
  • U.S. Court of Appeals for the Eleventh Circuit, The Honorable Kevin C. Newsom
Overview