Mr. Polsky has extensive experience resolving class actions, mass torts and multi-district litigations (MDLs), having served as a party-selected or court-appointed mediator and special master numerous times over the past 25 years.
Mr. Polsky has served as a court-approved settlement officer for the U.S. Durom Cup Settlement Program, having been appointed by stipulation between Zimmer, Inc. and the plaintiffs’ steering committee. He developed an in-depth system for resolving these claims, which were located throughout the U.S.
He has resolved class actions arising out of consumer, wage and hour, pharmaceutical, product liability, toxic tort, lending and ADA compliance claims, among others.
Highly regarded by mass tort plaintiffs’ and defense counsel, Mr. Polsky is frequently asked to speak on the resolution of such disputes at leading conferences such as Mass Torts Made Perfect in Las Vegas, as well as at law firms and bar organizations.
He has also helped resolve international disputes through ICC, JAMS International, AAA and the Hong Kong International Arbitration Centre (HKIAC).
Mr. Polsky has received nearly every independent award for excellence in the field of ADR. He has been recognized year after year as a top arbitrator and mediator by the Los Angeles Daily Journal, Super Lawyers and ALM Best Lawyers. Martindale Hubbell has given him an AV rating and he is among Lawdragon’s top 1,000 Lawyers in America. Mr. Polsky teaches negotiation and mediation at USC’s Gould School of Law.
- Multi-District Litigation
- Special master and mediator in product liability MDL involving alleged marketing and distribution of quinine sulfate as off-brand use for treatment of leg cramps. Allegations that manufacturer knew of off-brand use and complications and failed to properly warn physicians and patients through package inserts and black box modifications.
- Mediator for MDL settlement program structured to resolve claims arising out of defective hip replacement product. Resolved over 750 claims nationwide. MDL -2158 In Re: Zimmer Durom Hip Cup Products Liability Litigation
- Class Actions
- Mediator and special master for ADA compliance issues related to:
- Auto dealerships
- Department stores
- Hotel chains
- Business/commercial actions involving:
- Mediation of claims brought by restaurant chain for infringement of mark in advertising; related insurance coverage disputes with multiple insurers
- Consumer actions involving:
- Catastrophic injury and damage claims involving ephedra-related products
- Multiple Class Actions involving the Collection of personal data, including claims in connection with credit card transactions
- Credit reporting
- Ink level notification on inkjet and laser printers
- Insurance claims procedures
- Insurance company interpretation of “rental reimbursement”
- Lending practices
- Medical billing procedures
- Mobile home park assessments
- Sales tax calculations
- Thread count of bedding materials
- Mediator and special master for employment disputes, including wage and hour, lunch and break-time claims involving:
- 10 separate actions involving a national dep’t store chain post-merger
- Wal Mart Assistant Manager wage/hour claims
- Auto dealerships
- Call centers
- FLSA collective actions
- Gender discrimination
- Parking lot attendants
- Race discrimination
- Restaurant franchises
- Health care claims, including class action alleging underpayment by insurers to physicians
- Real estate actions involving:
- Mediation of multi-party case between owners of land and 100 land-lease holders regarding leasehold increases. Designed formation of LLC and buyout of holding.
- Mediations in dozens of disputes between large condo homeowner groups, developers and builders over construction and financial issues, including contract, negligence, statutory, fraud, breach of fiduciary duty and RICO claims
- Multi-plaintiff case against state and federal agencies for noise pollution from highway design
- Toxic tort matters, including multi-plaintiff environmental case in California claiming illness caused by fertilizer runoff
- Toxic clean up and monitoring cases