John MacNaughton is a senior partner in the firm’s Litigation Practice. Additionally, Mr. MacNaughton heads the firm’s Products Liability, Mass Tort and Class Action Practices. Mr. MacNaughton’s practice focuses on civil litigation, including extensive class action, product liability and mass tort litigation, in addition to complex business disputes and insurance coverage disputes. Mr. MacNaughton also has broad experience in large multiple party litigation, including acting as lead counsel in Federal Multi-District Litigation proceedings.
Mr. MacNaughton has significant lead counsel trial experience in state and federal courts throughout the United States. He currently serves as lead national counsel for major public companies in connection with multi-state commercial, consumer, mass tort and property damage class action litigation and as lead or national coordinating counsel in commercial and products liability/toxic torts cases pending throughout the country. Mr. MacNaughton also serves as regional counsel for pharmaceutical manufacturers in connection with major product liability litigation.
Mr. MacNaughton has been admitted to practice in numerous state trial and appellate courts, as well as U.S. District Courts, including those in Georgia. He also is admitted to practice in the Fifth and Eleventh Circuit Courts of Appeal as well as the U.S. Supreme Court. Mr. MacNaughton, selected as a “Georgia Super Lawyer” by Atlanta magazine in 2004, 2005, 2006 and 2007, is honored among the top five percent of attorneys in the state.
Recent Cases
In re Stand n Seal Litigation, MDL Docket No. 1804, USDC, Northern District of Georgia. (Currently serve as lead counsel for Home Depot USA, Inc. in 204-case (28 federal jurisdictions) multi-district litigation proceedings.) In connection with those MDL proceedings, Mr. MacNaughton served as lead trial counsel in connection with the following five (5) “bellweather trials” in April, 2010.
Marshall v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
United States District Court for the Northern District of Georgia, Atlanta Division;
Paddock v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
United States District Court for the Northern District of Georgia, Atlanta Division;
Housekeeper v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
United States District Court for the Northern District of Georgia, Atlanta Division;
Mork v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
United States District Court for the Northern District of Georgia, Atlanta Division;
Leatham v. Roanoke Companies Group, Inc., et al., MDL Docket No. 1804
1:07-md-1804-TWT — Civil Action File No. 1:07-CV-687-TWT —
United States District Court for the Northern District of Georgia, Atlanta Division.
The above-referenced five (5) separate cases were tried together in a consolidated proceeding as “bellwether” cases in the Stand ‘n Seal Products Liability Litigation MDL proceedings in Atlanta during April, 2010. Mr. MacNaughton and his team of litigators represented Home Depot, U.S.A., Inc.
MMM’s clients received total defense verdicts in each of the five (5) cases, in addition to awards of costs and certain litigation expenses. MMM has acted as lead counsel for the defendants in connection with the expansive MDL proceedings since the inception of those proceedings.
Steven H. Larsen & Leanne L. Larsen v. Home Depot U.S.A., Inc. In the Superior Court of California, County of Sacramento, Civil Action No. 05-AS-02956 (December, 2009) (Product Liability Litigation)
This product liability case involved claims of alleged toxic exposure to CCA pressure treated wood. This is one of dozens of CCA treated wood lawsuits filed, including several national class actions, successfully defended by Morris, Manning & Martin, LLP. After a four-week jury trial in Sacramento, CA, the jury found in favor of Home Depot USA, Inc. on all claims.
Reported Cases
Passarella v. The Ginn Company et al; 637 F. Supp.2d 352 (D.S.C. 2009) – U.S. District Court, South Carolina (Columbia Div)
Served as Lead Defense Counsel for The Ginn Companies in a complex federal jurisdiction class action of first impression in the U.S. regarding the interplay between Class Action Fairness Act ("CAFA") and the Interstate Land Sales Disclosure Act ("ILSA"). MMM successfully defeated the motion to remand from Federal District Court to State Court, preserving federal jurisdiction over this national class action proceeding.
Kitzes v. Home Depot, U.S.A., Inc., 872 N.E. 2d 53 (Ill. App. 2007). (Lead defense counsel in connection with successful defense of attempted certification of 40 state national class action alleging consumer fraud; case subsequently dismissed with prejudice.)
Martin, et al. v. Home Depot U.S.A., Inc., 225 FRD 198 (W.D. Tex. 2004). (Lead defense counsel in successful defense of attempted certification of Texas class action relating to alleged violations of deceptive trade practices and breaches of warranty in connection with consumer sales. Summary judgement subsequently granted to Defendant).
Ardoin, et al. v. Stine Lumber Co., et al., 230 FRD 459 (W.D. La. 2004). (Lead counsel for national retailer defendant in successful defense of national class certification action relating to product liability issues and successful removal based upon equitable exception to 28 U.S.C.A. § 1446(b)).
Jacobs, et al. v. Home Depot U.S.A., Inc., 219 FRD 549 (S.D. Fla. 2003). (Successful defense of multi-state class certification attempt relating to alleged breach of warranty and consumer fraud).
Jacobs v. Osmose, Inc., et al., 213 F.R.D. 607 (S.D. Fla. 2003) (Class action/product liability-defeated class certification in multi-state class action brought by consumers against national retailer arising out of alleged product defect).
In re Chromated Copper Arsenate (CCA) Treated Wood Products Liability Litigation before federal Multi-District Panel, MDL Docket No. 1438 (MDL Feb 15, 2002) (Multi-District Litigation-successfully resisted attempts to consolidate multiple putative national product liability class action cases pending in multiple districts).
Miller v. Home Depot U.S.A., Inc., 199 F. Supp. 2d 502 (W.D. La. 2001) (Class action-removal-successful defense of putative national class action; successful defense of remand attempt to state court of national class action based upon fraudulent joinder of non-diverse parties).
Honors and Affiliations
Named, The Best Lawyers in America, Product Liability Litigation, 2012
Listed, Chambers USA: America’s Leading Lawyers for Business , General Commercial Litigation, 2010-2012
Law Clerk to Justice G. Conley Ingram, Supreme Court of Georgia, 1974-75
Adjunct Professor of Law, Advanced Litigation, Emory Law School, 1992-95
Atlanta Bar Association (Member, Board of Directors, 1992-93)
State Bar of Georgia (Member, Litigation and Trial Practice Sections)
Defense Research Institute (DRI)
International Association of Defense Counsel
Emory Law School Advisory Board of Directors
Roadsafe America, Inc. (Member, Board of Directors)
Recent News
Articles
