 Practices
 Industries
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With more than 20 years of trial experience, Elbert S. Dorn devotes his practice to products liability, pharmaceutical and class action litigation.
As a member of the firm's business litigation group, he also has broad experience in handling complex commercial litigation. His experience includes state representation for several pharmaceutical companies, petroleum companies and as coordinating counsel for one of the big three automotive companies.
In connection with automotive products litigation, Dorn has personally handled and tried to verdict cases for several automotive manufacturers involving alleged defects of handling and stability (rollover), sudden or unintended acceleration (electrical and/or mechanical throttle and speed control systems), seatbelts, airbags, seat backs, roof structure, door latches, glass (glazing), tires, fuel system, and crashworthiness matters. He also currently serves as statewide counsel for one of the world’s largest manufacturers of safety restraint systems in seatbelt and airbag product litigation. He is intimately familiar with the substantive and procedural issues faced by automotive and component part manufacturers in product liability litigation.
In the product liability and pharmaceutical fields, Dorn has been at the forefront of developing practice strategies for defending corporations against punitive damage claims. In 2006, he successfully defended a twelve (12) day trial in federal court for a Fortune 500 Company where the sole issue was whether punitive damages should be awarded. He obtained a complete defense verdict. Heyward v. Ford Motor Co. (D.S.C. 2006). Dorn has been successful in advancing pre-emption defenses and recently obtained summary judgment and complete dismissal of a wrongful death claim on those grounds. Priester v. Ford Motor Co. (S.C. Court of Common Pleas--2008).
Dorn has also successfully obtained dismissal of fraud-on-the-market and fraud-on-the- agency claims against defendants in the automotive products arena. Carter & Watson v. Ford Motor Co. (S.C. Court of Common Pleas -- 2006). His legal work also helped establish the requirement that a plaintiff must prove an alternative feasible design in product design defect cases. Cohen v. Winnebago Industries (4th Cir. 1995)
In the class action field, Dorn recently obtained outright dismissal of a national class action in federal court for an automotive manufacturer involving thousands of potential claims. Cox Moving v. Ford Motor Co. (D.S.C. 2007). He has also defended putative and certified class actions for major corporations in South Carolina state and federal courts and is thoroughly familiar with the complex notice and approval processes required for settlement or other resolution of class actions, as well as application of the Class Action Fairness Act.
Mr. Dorn is immediate past president of the South Carolina Defense Trial Attorneys Association. He also recently served as spokesperson for national defense groups and corporate interests in the effort to strengthen the state rules on the admission of expert testimony. As part of that effort, he testified before the South Carolina House, Senate and Supreme Court. Mr. Dorn is an active member of IADC, DRI and the S.C. Judicial Invitational Conference.
He is a native of Greenwood and has lived here all of his life. He is married and the father of 4 children.
 Career Highlights
- Best Lawyers in America® - Product Liability Litigation
- South Carolina Super Lawyers® - Personal Injury: Products
 News
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 Education
- University of South Carolina, magna cum laude, B.A., 1983
- University of South Carolina School of Law, J.D., 1986
 Bar & Court Admissions
- South Carolina Bar
- U.S. District Court, District of South Carolina
- U.S. Court of Appeals, Fourth Circuit
 Civic & Professional Memberships
- International Association of Defense Counsel (IADC)
- Defense Research Institute (DRI)
- South Carolina Judicial Invitational Conference
- South Carolina Defense Trial Attorneys Association, President (2007)
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