Jason Zarrow


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Jason Zarrow’s practice is devoted to creating and executing legal strategy for bet-the-company Products Liability and Mass Tort litigation. From the beginning of the case—and often before litigation is ever filed—Jason serves as a trusted advisor for clients to develop comprehensive strategies to eliminate or substantially limit liability. In the pre-suit phase, Jason advises clients on compliance options and litigation risks, with an eye toward building legal and factual arguments if litigation ensues. Once litigation begins, Jason coordinates legal and appellate strategy, starting with dispositive motions before the trial court. As the case progresses, Jason oversees the development of key points in the factual record, working with trial teams to ensure that his client’s legal arguments have the best factual framing at summary judgment, class certification, trial, and on appeal. And should the case proceed to trial, Jason has extensive experience as on-the-ground appellate counsel, presenting forceful arguments for judgment, crafting jury instructions, and ensuring all appellate points are preserved.

Jason’s expertise spans multiple industries, including pharmaceutical, consumer products, healthcare, insurance, transportation, and financial services. He is particularly well versed in the law of federal preemption. Jason also has a mastery of complex procedure, including substantial experience litigating class actions and crafting legal strategies designed to defeat or limit class certification. Jason’s experience thus includes: serving as the architect for legal strategy in litigation brought by states attorneys general over the marketing of prescription-only drugs and devices; serving as on-the-ground appellate counsel for multiple trials involving prescription-only products; and authoring numerous dispositive motions on issues ranging from impossibility preemption, to pharmaceutical pricing, to federal abstention.


Honors & Awards

  • Recognized by The Legal 500 US for Appellate (2020)


Bar Admissions

  • California

Court Admissions

  • US Supreme Court
  • US Court of Appeals, Second, Third, Fourth, Fifth, Sixth, Seventh, Ninth, and District of Columbia Circuits
  • US District Court, Central District of California, Western District of Wisconsin, and District of Colorado


  • Harvard University, J.D.: magna cum laude
  • Vanderbilt University, B.A., Economics and History: summa cum laude

Professional Activities


  • Honorable Julia Smith Gibbons, United States Court of Appeals, Sixth Circuit


  • “Retroactivity, the Due Process Clause, and the Federal Question in Montgomery v. Louisiana,” 68 Stan. L. Rev. Online 42 (2015)
  • “The Retroactivity of Substantive Rules to Cases on Collateral Review and the AEDPA, with a Special Focus on Miller v. Alabama,” 48 Ind. L. Rev. 932 (2014)
  • Served as national appellate counsel for medical device manufacturer in nationwide products liability litigation.  
  • Coordinated legal strategy in multi-billion dollar suit by state attorney general challenging pharmaceutical marketing.
  • Coordinated legal strategy in billion dollar suit by state attorney general challenging medical device marketing.
  • Co-authored successful appellate briefs reversing multi-million dollar jury award based on erroneous exclusion of regulatory evidence in product liability trial involving prescription-only medical device.
  • Served as on-the-ground appellate counsel at several products liability trials.