Anne Marie Ellis is the California Chair of Buchalter’s Products Liability Practice Group and the Chair of the Chemical Law and Prop. 65 Industry Group. She concentrates on product liability defense, personal injury and commercial litigation, general liability, regulatory compliance, and client counseling.

Whether defending claims as trial counsel, managing risks associated with allegations of catastrophic injuries and wrongful death, or establishing strategies to prevent and defend California’s Proposition 65 claims, Anne Marie has a reputation for practicality and efficiency in complex, high exposure investigations, litigation, trials and regulatory matters. Prevailing in state and federal courts across the country, Anne Marie has a complex litigation background that includes class actions and every phase of litigation and trial. She is well versed on e-discovery and preservation of trade secrets and confidential information.

Anne Marie also spends considerable time helping clients prevent litigation and apply best practices to comply with regulatory obligations. She is a frequent author and presenter to legal and industry audiences. Recently, Anne Marie has been advancing the discussion around trends in PFAS claims and compliance with Prop 65. She offers extensive experience managing California Proposition 65 compliance as well as defending private enforcement cases.

Regulatory Compliance and Pre-Litigation Counsel

In her counsel to many regulated businesses, Anne Marie advises and guides on matters involving state and federal agencies including the U.S. Food and Drug Administration and Consumer Product Safety Commission, including internal investigations, product recalls, and a range of compliance issues. Her litigation-prevention guidance and advice addresses:

• Recalls and Investigations
• Supply Chain Issues
• Warranty Reviews
• Releases/Waivers
• Warnings and Labels
• User Manuals and Other Regulatory Obligations

Anne Marie has also helped clients fight back against Consumer Legal Remedies Act, false advertising, unfair business practices shakedown suits and similar claims. She also routinely defends lawsuits and claims involving Title III of the ADA, and corresponding California statutes including the Unruh Civil Rights Act, for brick-and-mortar stores and website accessibility.

Should a crisis arise, Anne Marie is familiar with the best practices to contain and control risks and works closely with company leadership to implement a powerful, early defense.

Advising Clients Across Industry Sectors

Anne Marie represents national and regional manufacturers, retailers, distributors, importers, franchisors, and direct selling companies, among others. Her additional experience across a variety of industries and issues includes:

• Amusement Park Venues
• Apparel and Textiles, Jewelry, and Accessories
• Arborists
• Automotive, including Autonomous Vehicles and Emerging Technologies
• Cannabis
• Chemicals (restricted and regulated) and Pesticides, PFAS, and Other Toxic Torts
• Children’s Products, Toys and Care Devices, and Clothing
• Consumer Appliances
• Cosmetics, Health and Wellness, and Dietary Supplements
• Food and Hospitality
• Medical Devices and Pharmaceuticals
• Restaurants
• Sporting Goods and Fitness Equipment, Recreational and Outdoor Products
• Trash and Recycling Haulers
• Wildland Fires

Professional Involvement

Anne Marie is a dynamic professional with a passion for driving excellence and inclusivity. She serves on various firm governance committees, including the partnership evaluation, Orange County women’s, marketing, and DEI committees. Her leadership shapes strategic decisions, fosters diversity, amplifies the firm’s brand, and advocates for inclusivity. Anne Marie’s dedication inspires positive change and drives impactful results.

Anne Marie brings her litigation and regulatory depth to a variety of industry groups, such as:

• Member, Association for Corporate Growth Orange County (ACG). The premier M&A deal-making community with a mission of driving middle-market growth.
• Member, International Consumer Product Health and Safety Organization (ICPHSO) which is an international, neutral forum for product safety stakeholders to learn, network and share information.
• Sustaining member, Product Liability Advisory Council (PLAC), a prestigious trade association at the forefront of helping product manufacturers, retailers and suppliers stay abreast of legal and regulatory issues.
• Member, Sports and Fitness Industry Association (SFIA) Legal Task Force.
• Executive Committee General Interest Representative, Hockey Equipment Certification Council Inc., which is a 501(c)(3) non-profit organization that seeks out, evaluates and selects standards and testing procedures for hockey equipment.
• Member, Society of Product Safety Professionals which provides product safety management education and certification.
• Member, Women in Manufacturing – national and global trade association dedicated to providing support to women in the manufacturing industry.

Bar Admissions

• California

Education

• Seton Hall University School of Law
• University of California, Berkeley

Significant Accomplishments
<ul><li>Defended a false advertising/CLRA/17200 claim regarding potential for micro plastics in an infant product;</li><li>Defended a false advertising/CLRA/17200 claim regarding PFAS in apparel;</li><li>Defended a false advertising/CLRA/17200 claims regarding the use of the word “natural” in a beverage and the term “no preservatives” in a packaged food;</li><li>Defended false advertising/CLRA/17200 claims regarding PFAS in makeup; and claims regarding improper instructions about application of certain makeup around the eyes;</li><li>Defend false advertising/CLRA/17200 claims regarding “slack fill” allegations with food.</li><li>Defend beauty and cosmetic brands through joint defense groups in industry-wide enforcement actions over titanium dioxide in makeup.</li><li>Defend manufacturers and retailers through joint defense groups in industry-wide enforcement actions over BPA in socks and athletic apparel.</li><li>Represent retailers and distributors in investigations and civil penalty claims relating to alleged failure to report defective products to Consumer Product Safety Commission.</li><li>Advise clients regarding reporting and recall of potentially defective products.</li><li>Counsel entities in the chain of distribution regarding product safety compliance, including development of manuals and procedures.</li><li>Represent retailers in statewide investigations regarding consumer goods.</li><li>Advise clients related to defense and indemnity obligations arising from manufacturing agreements.</li><li>Secured dismissal of a putative class action in the U.S. District Court for the Central District of California, in a case alleging that USA Football and others were liable for decedent’s concussions incurred while playing youth football.  The Court granted Buchalter’s client, USA Football’s Motion to Dismiss for Lack of Subject Matter Jurisdiction based on Lack of Article III Standing and Failure to State a Claim.</li><li>Secured Summary Judgment and a full dismissal for our client, a national hardware store chain, in an ADA disability access lawsuit brought in the Central District of California before Judge Cormac J. Carney. The Motion for Summary Judgment was granted on the grounds that Plaintiff lacked standing to sue because the conditions complained of complied with all applicable federal regulations for disability access. This victory came after months of back-and-forth with a Plaintiff’s counsel that consistently shifted the grounds on which the lawsuit was brought, and was granted over the Plaintiff’s request to amend the complaint to raise new allegations.</li><li>Obtained summary judgment on behalf of contract manufacturers and retailers of personal care products in a Proposition 65 lawsuit, on the grounds that the Certificate of Merit was defective due to the product being tested, purchased and sold outside the state of California where Prop. 65 does not apply.</li><li>Secured dismissal of action alleging negligent design, negligent failure to warn, strict liability manufacturing defect, design defect, strict liability failure to warn, negligence, and gross negligence in the California Superior Court for the County of Orange on a Motion to Dismiss based on Forum Non Conveniens.</li><li>Obtained summary adjudication on a negligent infliction of emotional distress claim in a product liability/personal injury action.</li><li>Secured dismissal of action alleging violations of the Unruh Civil Rights Act, the Bane Act, the Disabled Persons Act, and intentional infliction of emotional distress in the California Superior Court for the County of Orange on a Motion for Summary Judgment</li></ul>

• Mid-Year Check-Up: California’s Prop 65 Continues To Evolve and Pose Burdens on Businesses

  By Anne Marie Ellis |June 2021

• Buchalter COVID-19 Client Alert: San Francisco Moves to Lowest COVID Tier in California, Begins Process of Reopening Non-Essential Offices; Other Bay Area Counties Slower to Follow

  By Anne Marie Ellis |November 2020

Additional Articles

• Navigating New PFAS Regulations in California and New York: Critical Updates for the Textile and Apparel Industries
• Navigating California’s consumer protection frontier: An analysis of new product liability laws and state discovery obligations in 2024
• Prop 65 Alert: Brace Yourselves for the Latest Wave of CA Prop 65 Short-Form Warning Updates
• A Look At Section 230 After High Court’s Refusal To Clarify
• Communications Decency Act Developments in Light of Roland, Taamneh, and Gonzalez
• Online Only Retailers Have a New Defense Against Website Accessibility Claims in California
• What Calif. Personal Injury Law Change Means For Defendant
• Mid-Year Check-Up: California’s Prop 65 Continues To Evolve and Pose Burdens on Businesses
• NHTSA Rule Offers Hope, Caveats For Replica Vehicle Makers
• Major Changes Coming to Prop 65 “Short-Form” Warnings
• Why Proposition 65 has a disproportionate effect on arts and crafts
• The Cannabis Industry is Ripe for Enforcement
• Bracing for Increased Cannabis Enforcement Under Prop 65
• Federal Court Prohibits Prop 65 Warning on Glyphosate-based Herbicides
• Accelerating Regulatory Reform For Replica Vehicles
• The Marijuana Industry is Ripe for Enforcement Under Prop. 65
• Prop. 65 Filings Are Not Slowing Down Despite The Pandemic
• Prepare For Personal Injury Litigation In The Age Of COVID-19
• Buchalter Client Alert COVID-19: California Local Court Orders Regarding Closure
• Prop 65 Chemical Labeling Litigation: Trends And Predictions
• Updates on California’s Proposition 65 for 2020
• Prop. 65 updates for the summer!
• Proposition 65 Updates: A Sampling Of Notices Of Violation Filed in 2019, A Cautionary Tale For Environmental Warnings, and Meeting The February 28th Deadline
• Have a holly, jolly and Prop. 65 compliant Christmas!
• Prop 65 Compliance Gets More Complicated
• Environmental Health News: New Proposition 65 Rules Are Now In Effect
• PROP 65 UPDATE: Where the Chips are Falling Six Weeks Later
• What’s Next for Prop. 65?
• Trends Since the New Prop 65 Requirements Went Into Effect
• A Primer on the New Requirements of Proposition 65
• Questions of Impartiality Result in a Finding of Violation of Due Process for Zen Magnets
• A Brief Guide to the Replica Motor Vehicle Exemption to Federal Safety Standards in the Face of Implementation Delays
• Youth Football Bans are Decreasing in Interest
• Changes For Youth Football In California And Beyond
• New Calif. Law Will Change Youth Sports Concussion Cases
• Don’t Eat That, It’s Expired! — Grocery Industry Adopts Standards For “Best if Used By” Labeling

Chemical Law & Prop 65 Blog

Buchalter

Chemical Law & Prop 65