Tom Kus is a litigator and counselor with extensive experience in product liability, mass torts, toxic torts, environmental and general commercial matters. Tom devotes the majority of his practice to defending manufacturers and sellers of medical devices, automated controls, gas valves, and other consumer products in product liability and mass tort litigation in state and federal courts across the country. He also serves as counsel for manufacturers involved in product recalls and proceedings before the Consumer Product Safety Commission.
Product Liability, Environmental and Commercial Litigation
In addition to his product liability litigation practice, Tom has substantial experience in toxic torts, environmental litigation and commercial litigation. He has represented both defendants and plaintiffs in environmental matters involving petroleum contamination, industrial solvents, hazardous wastes and their disposal, and pesticide drift, and has counseled clients on environmental cleanups and remediations. Tom also has litigated matters involving utility companies, easements, trademarks, and trucking and transportation law.
Complex Litigation Experience
With more than 25 years of practice in the areas of complex product liability, toxic torts and environmental litigation, Tom has significant experience in fact and expert discovery, pre-trial motion practice, trials and appellate proceedings. He is particularly versed in multidistrict and federal court procedure, dispositive motions, Rule 702–Daubert motion practice, motions in limine and the evidentiary issues that arise in complex litigation. He often serves as leader of a team of litigators responsible for legal analysis, strategy, motions practice, and briefing in complex multidistrict litigation (MDL) and mass tort cases, and collaborates with MDL trial teams on defense themes, trial strategy, post-trial motions and appeals.
Admissions
Indiana
- U.S. District Court, Northern and Southern Districts of Indiana
- U.S. Court of Appeals for the Sixth Circuit
- U.S. Court of Appeals for the Seventh Circuit
Memberships
- Benjamin Harrison American Inn of Court — Senior Master
- Indiana State Bar Association — Litigation Section
Community Involvement
- Downtown Fort Wayne Rotary Club — World Affairs Conference and Environmental Committees
- Canterbury School — Development Committee
Pro Bono Work
- National Immigrant Justice Center (NIJC) — Pro Bono Counsel in DACA, U visa and asylum matters
- NIJC Indiana Advisory Council — Member
- Indiana State Bar Association’s “Talk To A Lawyer Today” Program — Volunteer