By Nora Lockwood Tooher
She's been described as "feisty," "aggressive" and "combative."
But Diane Sullivan, 43, a veteran litigation partner at Dechert in Princeton, N.J., considers her courtroom style simply a reflection of her commitment to defend her clients.
"We like to be passionate in defense of our clients," she said.
Sullivan scored a major victory in the nation's second Vioxx trial in November when a New Jersey jury found the pharmaceutical giant, Merck & Co., not liable for failing to warn doctors and consumers about the popular pain killer's potential to cause heart damage. As a result, jurors did not rule on whether Vioxx caused an Idaho postal worker to have a heart attack in 2001.
The verdict may give Merck an edge in future New Jersey cases since defendants will argue that collateral estoppel precludes plaintiffs from making the failure-to-warn argument in the estimated 3,000 other cases filed in the state.
Under New Jersey law, juries must find that Merck engaged in unconscionable marketing practices before considering a plaintiff's injury.
As Merck's lead counsel, Sullivan hotwired Merck's previously staid defense with a scorching courtroom style that enraged plaintiffs' lawyers and heightened investors' hopes for slowing the Vioxx lawsuit filing frenzy.
During the eight-week trial, Sullivan clashed openly several times with Atlantic County Superior Court Judge Carol E. Higbee, who ruled against Merck on several key issues. At one point, Higbee threatened to have Sullivan removed from the courtroom for refusing to obey her order.
Sullivan even clashed with her defense team, swearing at a co-counsel once when jurors were out of the courtroom.
A New Jersey native, Sullivan stressed her Jersey roots to jurors during her closing argument and reminded jurors about Merck's strong ties to the community - a reference that drew a final rebuke from the judge.
While others may criticize her demeanor, several jurors interviewed after the trial said they felt Sullivan spoke in plain language and connected with them.
"Talk to them like you would friends or family - eye contact, common sense themes," Sullivan advised. "Use themes that appeal to people's best instincts and what they likely believe anyway. Use visual aids to emphasize points without overdoing them."
Sullivan graduated from the University of Pennsylvania Law School in 1987. She joined Dechert about a decade ago. Sullivan specializes in pharmaceutical defense litigation, and has previously won defense verdicts in breast implant litigation and latex glove trials.
December 19, 2005
