Melissa Krepps represents clients in complex litigation matters filed in state and federal jurisdictions throughout the United States, with emphasis on the representation of manufacturers of medical devices, pharmaceuticals and consumer products. Within the medical field, Melissa represents long-term care facilities in matters involving negligence and statutory violations, and medical professionals in civil negligence claims and administrative actions.
Additionally, Melissa handles insurance coverage matters, commercial and construction litigation matters, and trademark violation litigation.
Areas of Focus
Product Liability
For the entirety of her career, Melissa has defended manufacturers and distributors in product liability actions across the country. Her experience includes defending clients in matters involving individual and class action claims, as well as claims handled through multidistrict litigation. Melissa has represented clients in cases involving asbestos/talc, medical devices (e.g., pain pumps, neurostimulators, clavicle plating systems, hip implants, anti-adhesion material, cardiac leads, surgical lasers), pharmaceuticals (e.g., diet drugs, sleep medications, statins, pediculicides), tobacco, benzene, and consumer products (e.g., table saws, circular saws, grinders, heavy machinery).
Long-Term Care Facilities
Melissa represents various long-term care facilities, including nursing homes and assisted-living facilities, in matters involving claims of negligence and statutory violations. Using her knowledge of state and federal regulations applicable to long-term care providers, Melissa defends her clients through all phases of litigation and/or arbitration.
Professional Liability
Melissa’s representation of health care providers includes the defense of medical and dental practitioners in litigation involving claims of medical negligence, as well as in administrative proceedings before the Florida Department of Health.
Coverage
Melissa counsels insurance carriers on all aspects of disputes and related matters, from high-stakes litigation to insurance product regulation. She handles complex and high-profile coverage lawsuits as well as more routine coverage matters. Melissa skillfully interprets the most sophisticated coverage policies and helps mitigate the high-dollar exposures that often accompany them.
Construction
Melissa guides clients through the complexities of the legal system following the discovery of construction-related defects. She represents those directly involved in these disputes as well as their insurers and sureties in both state and federal jurisdictions.
Commercial Litigation
Melissa developed her knowledge of commercial matters through representation of clients in matters including employment contracts (e.g., non-compete provisions), real estate contracts, franchise and distributorship agreements, sales agreements, deceptive and unfair trade practices claims, and allegations of violation of the Uniform Commercial Code.
Representative Matters
Obtained summary judgment on behalf of pain pump manufacturer on federal preemption grounds pursuant to the Medical Device Amendments to the Food, Drug and Cosmetic Act and presented oral argument to the Eleventh Circuit Court of Appeals in support of the order. The Eleventh Circuit affirmed the summary judgment order.
Successfully defended medical device manufacturer’s technician on claims of negligence with respect to programming of a neurostimulator.
Obtained dismissal of medical device action based on the plaintiff’s failure to comply with the statute of limitations.
Obtained dismissal of product liability action against a power tool manufacturer following a motion to strike plaintiff’s expert on Daubert grounds.
Successfully negotiated settlements of asbestos and benzene cases on behalf of a product manufacturer.
Successfully negotiated permanent injunctions in trademark violation actions involving improper use of trade dress and product replicas.