Elizabeth M. Chiarello

Partner,

Chicago

Phone: +1 312 702 8725
Email: elizabeth.chiarello@alston.com

Clients rely on Beth’s nearly two decades of experience to manage their high-stakes mass tort, toxic tort, products liability, class action, and other complex disputes. She is known for advising clients on crisis management and strategic response, developing cases for trial, and creative and innovative settlement strategies.

Products Liability

Defended a manufacturer of an oil used during in vitro fertilization procedures in cases alleging that the oil affected embryos.
Represented a pharmaceutical company in personal injury and class action litigation alleging that fertility medication manufactured by the company was subpotent because the company conducted a Class III recall. Won several victories on behalf of the client, including the remand and dismissal of a case from federal court and summary judgment and exclusion of adverse experts in another case.
Defended several companies in litigation alleging benzene contamination in consumer products.
Defending a consumer products manufacturer in litigation challenging the use of alleged preservatives.
Defending companies in connection with PFAS-related allegations.
Defended medical device manufacturer wrongful-death litigation involving the clinical study of the effectiveness of intramyocardial stem cell injections using cutting-edge intramyocardial injection and mapping catheters.
Defended pharmaceutical company in allegations that medication caused medical blindness.

Toxic and Mass Tort

Defending a sterilizer of medical devices in litigation arising from alleged emissions of ethylene oxide. The plaintiffs claim that exposure to a chemical used by the sterilizer led them to develop cancer and other injuries.
Trial team member of a team that won the only defense verdict to date in ethylene oxide litigation.
Defended an oil refinery in multiple personal injury and class action lawsuits following an explosion and ensuing fire in Superior, WI.
Defended a client in litigation arising out of the Lac-Mégantic train derailment disaster.
Represented companies in asbestos litigation, including allegations regarding employee exposure and with respect to talc.

Class Actions & Complex Litigation

National counsel for a skin care company in putative class actions alleging false and misleading pricing representations.
Obtained a complete dismissal for a food company in a class action alleging that the client misled consumers by marketing “Popcorn Indiana” brand products whose corn was from outside Indiana.
Obtained a complete dismissal in a putative class action filed in the Southern District of New York on behalf of a nationwide class of sunscreen purchasers. The plaintiffs alleged that the product was deceptively marketed as hypoallergenic and free of oxybenzone because it contained an alleged contaminant, benzophenone, which results from degradation of an FDA-approved active ingredient, octocrylene. The plaintiffs alleged that the defendants should have both changed their product labeling to warn of the risk of degradation and altered their manufacturing processes to remove the FDA-approved ingredient from the product’s formulation. The court granted the motion to dismiss in full.
Defeated a putative class action alleging improper product classification under the Federal Food, Drug, and Cosmetics Act (FDCA), in which the court awarded the client summary judgment. The plaintiff alleged that the product at issue was improperly classified under the FDCA. The Southern District of California held that this claim was preempted, and the Ninth Circuit affirmed the award of summary judgment in the client’s favor.
Defended multiple clients in putative class actions alleging that aloe vera gels do not contain detectable aloe vera. Secured summary judgment for the client. The plaintiffs appealed, and Beth argued the case in front of a three-judge panel of the Seventh Circuit which affirmed summary judgment.
Defended a roofing-shingle manufacturer in putative class actions alleging that, over the course of nearly 30 years, the company sold millions of defective roof shingles and misrepresented the shingles’ expected useful life. After eight years of litigation, the court denied certification of a class of shingle purchasers in a 185-page opinion, siding with the manufacturer on each of its arguments under Rule 23. The Third Circuit affirmed the decision denying class certification and further denied plaintiffs’ counsel the award of attorneys’ fees.
Defended multiple putative consumer fraud class actions alleging that probiotics were falsely labeled and advertised. Over multiple lawsuits spanning a five-year period, separate courts granted summary judgment in the client’s favor in the various sets of cases.

Pro Bono

Briefed and argued an appeal for an inmate client before the Seventh Circuit, which vacated and reversed the client’s conviction after an extensive trial for multiple bank robberies and 50-year sentence.
Handled several immigration matters, including obtaining asylum for a young Salvadoran man after a lengthy, contested merits hearing that included testimony from fact and multiple expert witnesses.
Trial counsel for two inmates in separate and unrelated cases brought pursuant to Section 1983 for excessive use of force and failure to provide adequate medical care, settling several cases for favorable amounts and trying another case to a jury that found in favor of the client.
Won compassionate release for two inmate clients, a 27-year-old with brain cancer and a 45-year-old with late-stage invasive cancer.

Elizabeth M. Chiarello

Products Liability

Toxic and Mass Tort

Class Actions & Complex Litigation

Pro Bono

Bar Admissions

Education

Memberships

Court Admissions