Troy D. McMahan

Partner

Troy D. McMahan

Partner
Overview Overview Experience Credentials

Troy McMahan has more than 20 years of experience defending Fortune 500 companies in cases involving premises and products liability claims, maritime claims and business disputes involving the improper use of proprietary information.

Troy has successfully defended product liability cases for multiple corporations and organizations across a broad range of industries. He has special expertise in product liability defense for automobile manufacturers in cases involving automotive design and manufacture. He has tried to jury verdict products cases involving asbestos-containing brake products, as well as alleged defective ignition switches catching fire and causing property damage. He has also successfully represented automobile manufacturers and manufacturers and suppliers of automotive restraint systems (air bags and seatbelt devices) in personal injury cases, including cases involving traumatic brain injury to a child.

Representative Matters

Food and Beverage

  • Troy represented an egg producer in connection with commercial claims arising from a 2010 salmonella outbreak and recall (the largest egg salmonella outbreak in history) and related FDA investigation.

Toxic Tort

  • Troy represents crude oil refiners and manufacturers of industrial commercial- and consumer-grade chemical products in personal injury and wrongful death cases involving cancer, systemic diseases and immune system dysfunction. Troy often acts as counsel jointly retained by multiple industry defendants, and he has experience in structuring and managing such joint defenses.
  • The common element of the toxic tort claims that Troy handles is when plaintiffs are alleged to have been injured as the result of their exposure to a chemical, which they claim caused them to develop cancer or major organ disease. These exposures may arise from a workplace or consumer products.

Maritime

  • Troy represents vessel owners and operators in matters involving wrongful death and personal injury cases filed by seaman, longshoreman and shipyard contractors under federal maritime law — Jones Act, Longshoreman and Harbor Workers’ Compensation Act and federal maritime common law.
  • Troy prevailed on summary judgment on behalf of a shipping client in a case of first impression — whether federal maritime law imposes a duty upon a ship owner to protect offshore third parties from injuries occurring as a result of activities performed aboard ship. Specifically, the plaintiff claimed he was exposed to a toxin (asbestos) used aboard a client’s vessel, and which his father — an officer aboard the vessel — allegedly brought home on his uniform.

Asbestos

  • For nearly 20 years, Troy has managed through trial asbestos product and premises liability dockets throughout the State of California. He currently represents Chevron U.S.A. Inc., Texaco Inc., Unocal Corporation and The Dow Chemical Company in these matters.

Automotive

  • Troy obtained a defense verdict at trial on behalf of the Ford Motor Company on an insurance subrogation claim brought by an insurance company against Ford based on claims of a defective ignition switch.
  • Troy also successfully defended Ford against plaintiff’s product liability claim based on allegations that a defective seatbelt caused plaintiff to sustain injuries during an automobile accident. The trial court granted summary judgment in favor of Ford.
  • Troy prevailed on behalf of a gas tank manufacturer in a personal injury case brought by seven plaintiffs, including four minor children, who sustained personal injuries when their personal watercraft exploded causing several of the plaintiffs to claim brain damage, partial blindness and severe emotional distress.

Government Tort Liability

  • Troy has represented the Bay Area Rapid Transit District (BART) in various personal injury and property damage claims arising from construction activities occurring during the BART extension projects.

Presentations and Publications

  • Panelist, “Marijuana Regulation in the Food and Drug Realm,” Food and Drug Law Institute (February 4, 2016).
  • Author, “Hazy Definition of Pot Edibles Creates Regulatory Void,” Law360 (December 1, 2015).
  • Author, “5th Circ. Maritime Case May Set National Standard,” Law360 (October 9, 2014).

Admissions

  • California
  • 9th U.S. Circuit Court of Appeals
  • U.S. District Court (C.D. Cal.)
  • U.S. District Court (E.D. Cal.)
  • U.S. District Court (N.D. Cal.)

Education

  • J.D. (1990) University of Utah, S.J. Quinney College of Law
  • B.S. (1987) University of Idaho

Awards

  • Selected to Super Lawyers (2006, 2010-2015)

Memberships and Affiliations

  • American Bar Association — Environmental, Product Liability and Mass Tort Sections member
  • Alameda County Bar Association
  • Bar Association of San Francisco
  • Defense Research Institute — Drug and Medical Device, Product Liability and Toxic Tort Committees member
  • Association of Defense Counsel