Matt NickelOf Counsel
Matt Nickel is a trial lawyer who focuses on complex litigation with an emphasis on defending product liability cases, suits brought by state Attorneys General, class actions, and cases involving pharmaceuticals and medical devices. Matt has led teams defending cases involving the False Claims Act and Anti-Kickback Statute, as well as state Medicaid fraud, consumer protection and antitrust cases. He has an extensive background in the medical arena, including work as a sales representative for a major pharmaceutical company. Matt also has experience with direct defense of aging services facilities in lawsuits asserting professional liability, personal injury, negligence, elder abuse, wrongful death and other related claims.
Matt has successfully defended numerous class actions. In the last several years, he has successfully defended and/or favorably resolved class action claims stemming from a variety of cases including numerous class actions related to allegedly defective building products, a consumer class involving a large gasoline recall, and a class action related to the recall of numerous pharmaceutical products.
Matt has significant experience in federal and state courts throughout the country in both individual actions, class actions, and large multi-district litigations. He has handled all aspects of litigation, from pre-suit resolution through trial. His experience includes managing discovery, taking and defending depositions of key witnesses, expert witness development, and briefing complicated legal and scientific issues. Matt tried an Eighth Amendment pro bono case to verdict in federal court in Missouri.
- Extensive experience representing numerous generic and branded pharmaceutical manufacturers in product liability suits involving the safety and efficacy of medications.
- Numerous litigations, including class actions, involving alleged product defects and product recalls for numerous products including: pharmaceuticals, pet food, oil and gas transmission pipelines, and Chinese-manufactured drywall.
- Management of a large-scale gasoline recall, including establishment and management of a voluntary claims facility for consumers.
- Obtained dismissal of a major pharmaceutical company in a qui tam case alleging that certain product support offerings violated the Anti-Kickback Statute and the False Claims Act.
- Obtained voluntary dismissal for a major pharmaceutical company in a Medicaid Fraud and Consumer Protection case brought by a state Attorney General related to the sales and marketing practices of several medications.
- Defended a large pharmaceutical company in antitrust cases involving the alleged delayed entry of generic competitors.
- Successful negotiation and resolution of a wide variety of claims and lawsuits, including matters involving personal injuries, product liability, creditor claims and breach of contract claims.
- J.D., University of Texas School of Law 2005
- B.A., University of Texas at Austin 1998
- The Legal 500 United States
2019 - Recommended, Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices - Defense