Kevin F. Calcagnie - a Newport Beach, California (CA) Civil Litigation Lawyer

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Newport Beach Civil Litigation Lawyer

Updated: 01/10/2023

Areas of Practice

Civil Litigation
Products Liability

Attorney Information

Overview

Kevin F. Calcagnie is a partner in the Newport Beach office of Robinson Firm‚ specializing in civil litigation with an emphasis in products liability. He received a Bachelor of Arts degree in Business Administration and Finance from California State University at Fullerton‚ and a Juris Doctor degree from Western State University College of Law‚ where he served as Editor-in-Chief of the Western State University Law Review. He was admitted to the California Bar in 1983‚ and has been admitted to practice before the United States Supreme Court and the United States Courts of Appeals for the Ninth and Fifth Circuits.

Kevin is listed in The Best Lawyers in America®, a peer-reviewed survey listing outstanding attorneys throughout the United States, and was named the Best Lawyers® 2017 Mass Tort Litigation/Class Actions "Plaintiffs Lawyer of the Year" in Orange County. He has also been listed for several years by the attorney rating service Super Lawyers, and has been named in the Super Lawyers Top 50 Orange County and Top 100 Southern California lists. In 2015 he was named by The Trial Lawyer Magazine in its annual list of "America's Most Influential Trial Lawyers." In 2010, he was honored as a recipient of one of the California Lawyer Attorney of the Year (CLAY) Awards. The CLAY awards are presented annually by California Lawyer Magazine to attorneys in various areas of legal practice whose achievements have made a profound impact on the law. In 2011, Kevin was inducted into the Western State University Alumni Hall of Fame, and in 2008 he was honored by Cal State University Fullerton's Mihaylo School of Business and Economics as one of their Alumni at the Top. He has an AV rating from Martindale-Hubbell, the highest rating for legal ability and ethical standards under the national legal directory's peer review system.

"Attorney of the Year" - Appellate Law, California Lawyer Magazine

"Top 50 Orange County," Super Lawyers

"Lawyer of the Year" - OC Mass Tort Litigation/Class Actions, Best Lawyers®

"America's Most Influential Trial Lawyers," The Trial Lawyer Magazine

"Top 100 Southern California," Super Lawyers

"Best Lawyers in America" - Products Liability Litigation, Best Lawyers®

He was one of the lead attorneys representing the County of Los Angeles in its suit against several tobacco manufacturers‚ which resulted in a settlement under which the County will receive approximately $3.3 billion over 25 years. He also served as associate counsel with the Orange County District Attorney's Office in the prosecution of actions against oil companies arising from underground storage tank leakage, and in an action brought on behalf of the People of the State of California against Toyota under California's unfair competition and false advertising laws. He has tried cases in California‚ Arizona and Texas‚ and has acted as counsel pro hac vice in state and federal courts in several other states. He was co-counsel in the case of Ketchum vs. Hyundai‚ which resulted in a $15 million jury verdict‚ as well as In re Aircrash in Bali‚ Indonesia‚ where a jury in U.S. District Court in Los Angeles found Pan American World Airways liable for willful misconduct in the crash of a jet airliner.

Kevin has three decades of experience in automotive products liability litigation relating to fuel system design‚ rollover protection‚ structural crashworthiness‚ dynamic stability and occupant restraint systems. He also has a broad range of experience in mass tort litigation involving pharmaceuticals‚ medical devices and other defective products‚ in both federal Multi-District Litigation (MDL) and California Coordinated Proceedings (JCCP). Kevin has also represented a number of clients in connection with commercial and military aviation accidents‚ including crashes involving EgyptAir‚ Alaska Airlines‚ Pan Am‚ U.S. Marine Corps helicopters and ultralight aircraft.

He is an adjunct professor at the University of California‚ Irvine School of Law‚ and has been a frequent lecturer and writer on topics related to civil litigation for a number of organizations‚ including the American Bar Association‚ the Practicing Law Institute‚ the American Association for Justice‚ the Orange County Bar Association‚ the Western Trial Lawyers Association‚ the Consumer Attorneys of California‚ the Ventura County Trial Lawyers Association‚ the Kansas Trial Lawyers Association‚ the Montana Trial Lawyers Association, and the Continuing Education of the Bar. He is also a member of the Executive Council of the Mihaylo College of Business and Economics at California State University, Fullerton‚ as well as a member of the Council's Advisory Board‚ and is a Founding Fellow of the Orange County Bar Foundation Society of Fellows.

In 1997, Kevin was elected to the Board of Governors of the Consumer Attorneys of California (CAOC)‚ and served for several years as a member of the At-Large Board of Governors. He received CAOC's Presidential Award of Merit in 1994‚ 1995‚ 1996 and 2000. He also served as the organization's Education Chair and as Editor-in-Chief of FORUM Magazine‚ a monthly publication of CAOC.

Kevin and his wife Peggy live in Coto de Caza‚ California. Their daughter Kelly is also a graduate of Cal State Fullerton‚ and their son Sean is a graduate of USC and a former wide receiver for the Trojans.

Since 1995 Kevin has written a regular feature for CAOC's FORUM Magazine, updating attorneys, legislators and judges on recent opinions from the California Supreme Court and courts of appeal. He assisted the Judicial Council Task Force on Jury Instructions in the preparation of the Judicial Council of California Civil Jury Instructions (CACI), and has been a contributing editor to three practice guides for attorneys, including California Practice Guide: Civil Procedure Before Trial, Claims and Defenses (The Rutter Group 2012); Products Liability Litigation: Product Studies, Clark Boardman Callaghan (1996); and A Guide to Toxic Torts, Matthew Bender & Company (1987).

Awards and Honors

Honors

California Trial Lawyers Presidential Award of Merit, 1994
Consumer Attorneys of California "Presidential Award of Merit", 1994, 1995, 1996, 2000
Southern California Super Lawyers, 2007
Southern California Super Lawyers, 2008
Lawdragon 3000 Leading Lawyers in America, 2006
The Best Lawyers in America®
Mass Tort Litigation/Class Actions “Plaintiffs Lawyer of the Year”, Best Lawyers, 2017
Top 50 Orange County List, Super Lawyers
Top 100 Southern California List, Super Lawyers
America’s Most Influential Trial Lawyers, The Trial Lawyer Magazine, 2015
One of the California Lawyer Attorney of the Year (CLAY) Awards, 2010 – Present
Western State University Alumni Hall of Fame, 2011 – Present
One of the Alumni at the Top, Cal State University Fullerton’s Mihaylo School of Business and Economics, 2008 - Present
AV rating from Martindale-Hubbell
Lawyer of the Year, OC Product Liability, Best Lawyers
Attorney of the Year, Appellate Law, California Lawyer Magazine
Lawyer of the Year, OC Mass Tort Litigation/Class Actions, Best Lawyers
Best Lawyers in America, Products Liability Litigation, Best Lawyers
Attorney of the Year, Toxic Tort, Daily Journal/California Lawyer
Trial Team of the Year, The Trial Lawyer Magazine
Product Liability Litigation “Plaintiffs Lawyer of the Year”, Best Lawyers, 2018
California Lawyer Attorney of the Year Awards, 2008 - 2009
Orange County Bar Foundation Society of Fellows, Founding Fellow

Education

Legal Education

Western State University College of Law, Fullerton, California
Juris Doctor
Law Review: Western State University Law Review, Editor-in-Chief, 1982

Non Legal Education

California State University, Fullerton, California, 1977
B.A.
Major: Business Administration
Major: Finance

Current Employment Position(s)

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Income Partner
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Past Positions

University of California‚ Irvine School of Law, Adjunct Professor

Languages

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English
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Italian
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Classes and Seminars

Teacher, Civil Procedure, Fullerton College
Lecturer, Civil Litigation, American Bar Association
Lecturer, Civil Litigation, Practicing Law Institute
Lecturer, Civil Litigation, Association of Trial Lawyers of America
Lecturer, Civil Litigation, Orange County Bar Association
Lecturer, Civil Litigation, Western Trial Lawyers Association
Lecturer, Civil Litigation, Consumer Attorneys of California
Lecturer, Civil Litigation, Ventura County Trial Lawyers Association
Lecturer, Civil Litigation, Kansas Trial Lawyers Association
Lecturer, Civil Litigation, Montana Trial Lawyers Association
Lecturer, Civil Litigation, National Association of Legal Investigators
Lecturer, Civil Litigation, Continuing Education of the Bar
Adjunct Professor, University of California‚ Irvine School of Law, 2011 - 2016
Education Chair and as Editor-in-Chief of FORUM Magazine, Consumer Attorneys of California (CAOC)

Pro Bono Activities

California State University, College of Business and Economics, Executive Council, Member
California State University, College of Business and Economics, Executive Council, Advisory Board, Member
At-Large Board of Governors, Member

Representative Cases

Echeverria v. Johnson & Johnson
Ketchum vs. Hyundai

Published Works

Articles

Products Liability Litigation: Product Studies (Contributing Author), Clark, Boardman Callaghan, 1996
A Guide to Toxic Torts, Matthew Bender & Company, 1987
"Prescription Drug Overpromotion: How Marketing, Sales and Profit Evidence Can Affect Critical Issues of Warnings and Causation", Advocate, Journal of Consumer Attorneys Associations for Southern California, February, 2007
"The ABC's of School Liability in California: A Primer for Lawyers, School Districts and Educators", CAOC Forum, March, 2006
"Vioxx and the Learned Intermediary Defense", Drug Recall Litigation Reporter, February, 2005
"Vioxx and the Learned Intermediary Defense", Andrews, February, 2005
"Products Liability: Inertial Unlatching of Defectively Designed Seat Belts", CAOC Forum, October, 2004
"Post-sale Duties to Warn, Recall and Retrofit Defective Products", Advocate, Journal of Consumer Attorneys Associations for Southern California, July, 2003
"Selection of Experts in Auto Crashworthiness Cases", The Brief, American Bar Association, Summer, 2002
"Reining in the Buckman Defense: Evidence of a Defendant's Misrepresentations to a Government Agency Is Admissible to Prove State Tort Claims", CAOC Forum, July/August, 2002
"Pharmaceutical Litigation: Choosing Between MDL's and Coordinated State Litigation", CAOC Forum, November, 2001
"To Join an MDL. . . or Not", ATLA Trial, July, 2001
"Vehicle Roof Crush Persists During Rollover Crashes", ATLA Trial, August, 2000
"Dangerous and Defective Roof Structures: Why Most Cars Are Not Crashworthy in Rollover Accidents", CAOC Forum, March, 2000
"Defective Automobile Seats", CAOC Forum, Jan./Feb., 1999
"Rear-impact Collisions Expose Seat Defects", ATLA Trial, March, 1999
"The Learned-Intermediary Doctrine in Fen-Phen Litigation", Fen-Phen Litigation Strategist, September, 1998
"The Case Against Nicotine", CAOC Forum, September, 1997
"Automotive Fuel System Crashworthiness Litigation", Consumer Attorneys of California Forum, January, 1997
"Fuel System Litigation: The Crashworthiness Angle", Association of Trial Lawyers of America Trial, November, 1996
"Selection of Experts in Auto Crashworthiness Cases", CTLA Forum, September, 1994
"Selection of Experts in Auto Crashworthiness Cases", Association of Trial Lawyers of America Trial, May, 1995
"Roadway Design Litigation: Essential Statutory and Decisional Law", CTLA Forum, November, 1994
"Occupant Restraint System Litigation", CTLA Forum, October, 1993
"Breast Implant Litigation: Maintaining a Strict Liability Cause of Action", CTLA Forum, 1993
"Products Liability Litigation: Discovery Relating to Other Products, Complaints, Injuries and Subsequent Conduct", CTLA Forum, 1992
"Products Liability Litigation: Discovery Relating to Other Products, Complaints, Injuries and Subsequent Conduct", Western State University Consumer Law Journal, 1993
"Punitive Damages in Automobile Products Cases", Emerging Issues in Automobile Product Liability Litigation, The American Bar Association, 1992
"Product Liability Litigation: Overcoming Defenses of Alteration, Misuse and Superseding Causes", California Trial Lawyers Association, Forum, April, 1991
Contributing Editor, California Practice Guide: Civil Procedure Before Trial, Claims and Defenses (The Rutter Group 2012)
Contributing Editor, Products Liability Litigation: Product Studies, Clark Boardman Callaghan (1996)
Contributing Editor, A Guide to Toxic Torts, Matthew Bender & Company (1987)
“Anticipating Daubert Challenges: Potential Attacks and Some Persuasive Authorities,” FORUM, Consumer Attorneys of California, March/April 2015
“Roadway Design Litigation: A Legal Overview,” THE GAVEL, Orange County Trial Lawyers Association, Winter 2014
“Strengthen Your Case With Other Similar Incidents‚” TRIAL‚ Journal of the American Association for Justice‚ July 2013
“OSI Evidence In Products Liability Litigation‚” THE GAVEL‚ Orange County Trial Lawyers Association‚ Spring 2013
“Relevance and Admissibility of Evidence of Other Incidents‚ Accidents and Product Failures in Products Liability Litigation‚” 42 Idaho Trial Lawyers Association Journal 1; FORUM‚ Consumer Attorneys of California‚ October 2012
“Admissibility of Foreign Regulatory Activities in Pharmaceutical Litigation‚” FORUM‚ Consumer Attorneys of California‚ July 2011
“Catalyst for Change: How Products Liability Litigation Has Made Products Safer‚” ADVOCATE‚ Journal of Consumer Attorneys Associations for Southern California‚ March 2010
“A Catalyst for Safety‚” TRIAL‚ Journal of the American Association for Justice‚ November 2009
“The Noerr-Pennington Doctrine: Defective Products and the First Amendment‚” FORUM‚ Consumer Attorneys of California‚ May 2008
Contributing editor to three practice guides for attorneys, including California Practice Guide: Civil Procedure Before Trial, Claims and Defenses (The Rutter Group 2012); Products Liability Litigation: Product Studies, Clark Boardman Callaghan (1996); and A Guide to Toxic Torts, Matthew Bender & Company (1987)
Writes a regular feature for Consumer Attorneys of California's FORUM Magazine, updating attorneys, legislators and judges on recent opinions from the California Supreme Court and courts of appeal
"Apex Discovery: Why Top Level Executives Are Not Immune from Deposition," FORUM, Consumer Attorneys of California, November/December, 2016
"Prescription Drug Overpromotion: How Marketing, Sales and Profit Evidence Can Affect Critical Issues of Warnings and Causation," ADVOCATE , Journal of Consumer Attorneys Associations for Southern California, February, 2007
"Overcoming Defenses of Alteration, Misuse and Superseding Causes,"FORUM, California Trial Lawyers Association , April 1991
"Punitive Damages in Autom.obile Products Cases," Emerging Issues in Automobile Product Liability Litigation, the American Bar Association, 1992
"Discovery Relating to Other Products, Complaints, Injuries and Subsequent Conduct," FORUM, California Trial Lawyers Association, 1992
"Discovery Relating to Other Products, Complaints, Injuries and Subsequent Conduct," Western State University Consumer Law Journal, 1993
"Breast Implant Litigation: Maintaining a Strict Liability Cause of Action ," FORUM , California Trial Lawyers Association , 1993
"Occupant Restraint System Litigation," FORUM, California Trial Lawyers Association, October 1993
"Roadway Design Litigation: Essential Statutory and Decisional Law ," FORUM, California Trial Lawyers Association, November 1994
"Selection of Experts in Auto Crashworthiness Cases," FORUM, California Trial Lawyers Association , September 1994
"Selection of Experts in Auto Crashworthiness Cases," TRIAL, Association of Trial Lawyers of America, May 1995
"Fuel System Litigation: The Crashworthiness Angle," TRIAL, Association of Trial Lawyers of America, November 1996
"Automotive Fuel System Crashworthiness Litigation," FORUM, Consumer Attorneys of California, January 1997
"The Case Against Nicotine," TRIAL, Association of Trial Lawyers of America, September 1997
"The Learned-Intermediary Doctrine in Fen-Phen Litigation," Fen-Phen Litigation Strategist, September 1998
"Rear-impact Collisions Expose Seat Defects," TRIAL, Association of Trial Lawyers of America, March 1999
"Defective Automobile Seats," FORUM, Consumer Attorneys of California, Jan./Feb., 1999
"Dangerous and Defective Roof (Structures: Why Most Cars Are Not Crashworthy in Rollover Accidents," FORUM, Consumer Attorneys of California, March 2000
"Vehicle Roof Crush Persists During Rollover Crashes," TRIAL, Association of Trial Lawyers of America, August 2000
"To Join an MDL. . . or Not," TRIAL , Association of Trial Lawyers of America, July 2001
"Pharmaceutical Litigation: Choosing Between MDL 's and Coordinated State Litigation,"
"The Buckman Defense: Evidence of a Defendant's Misrepresentations to a Government Agency Is Admissible to Prove State Tort Claims," FORUM, Consumer Attorneys of California, July/August 2002
"Selection of Experts in Auto Crashworthiness Cases," THE BRIEF, American Bar Association, Summer 2002
"Post-sale Duties to Warn, Recall and Retrofit Defective Products," ADVOCATE, Journal of Consumer Attorneys Associations for Southern California, July 2003
"Inertial Unlatching of Defectively Designed Seat Belts," FORUM, Consumer Attorneys of California, October 2004

Bar Admissions

California, 1983
U.S. District Court Eastern District of California
U.S. Court of Appeals 5th Circuit
U.S. Court of Appeals 9th Circuit
U.S. Supreme Court
U.S. District Court Western District of California
U.S. District Court Central District of California
U.S. District Court District of Colorado

Other Affiliations

Consumer Attorneys of California (CAOC), 1993 - 2000 (Board of Governors)
Orange County Trial Lawyers Association, 1983 - Present, 1983 - Present
American Association for Justice, 1983 - Present, 1983 - Present
Consumer Attorneys of California (CAOC), FORUM Magazine (Education Chair and as Editor-in-Chief)

Fraternities and Sororities

Phi Kappa Tau

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Newport Beach, CA

19 Corporate Plaza Drive
Newport Beach, CA 92660

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Kevin F. Calcagnie - Newport Beach, CA