Advisor on product liability issues
Evan Thomsen helps clients achieve success at every stage of litigation, especially in product liability defense. Combining practical trial experience with his appellate background and practice, Evan is able to provide his clients with creative and compelling arguments to any court or jury. Evan focuses primarily on defending product manufacturers in personal injury matters against claims of strict product liability, negligence and breach of warranty for a wide range of products including lift trucks, motorcycles, rock crushers, cranes and medical devices, to name a few.
His efficiency in generating high quality research, work product and briefs instills clients with confidence when they make decisions on how to resolve a dispute.
Experience in Action
- Represents clients at every stage of litigation, with experience in everything from pleadings to discovery to motion practice to trial preparation.
- Challenges opposing party’s experts. Evan is well-versed in the standards to challenge experts under Daubert, Frye or state standards to ensure only qualified and reliable science is presented to the jury.
- Leverages statutes and rules to fight forum shopping, either removing to federal court or transferring venue based on the needs and circumstances of the case.
- Seeks summary judgment in product liability cases. With an understanding of the product liability specific cases and rules, Evan drafts strong summary judgment motions for clients in any jurisdiction.
Successes
- Obtained summary judgment for a client in federal court, based on an argument that the plaintiff failed to file the lawsuit prior to the expiration of the statute of limitations.
- Successfully enforced an arbitration agreement in state court on behalf of a client despite the opposing party contesting the arbitration on grounds of enforceability and unconscionability.
- Obtained an order excluding plaintiff’s expert on the eve of trial, which led to the plaintiff dismissing the lawsuit against the client with prejudice.
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Persuaded the Louisiana Supreme Court to reverse the trial court and intermediate appellate court in a personal injury matter.
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First-chair trial counsel in federal court in case that went to a jury verdict.
Capabilities
Professional & Civic Activities
- Civil Air Patrol (2010-present)
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Chief Justice Annette Kingsland Ziegler of the Wisconsin Supreme Court, clerk (2020-2021 term)
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The Honorable Elizabeth Gobeil of the Court of Appeals of Georgia, extern (fall 2019)
Selected Published Decisions
- Chavez v. Metso Minerals Industries, Inc., 2023-01029 (La. 10/24/24), __ So. 3d __.
News & Insights
Education
- Emory University School of Law (J.D., with honors, 2020)
- University of Wisconsin - Madison (B.A., 2016)
Bar Admissions
- Wisconsin
Court Admissions
- U.S. District Court, Eastern District of Wisconsin
- U.S. District Court, Western District of Wisconsin
- U.S. Court of Appeals, 5th Circuit
- U.S. District Court, District of North Dakota
- U.S. Court of Appeals, 7th Circuit