Barry B. Sutton is a Member in the Birmingham office of Clark Hill, practicing in the firm’s Litigation group.
Barry specializes in product liability, and serves as national trial counsel for over a dozen companies throughout the United States. In this capacity, Barry regularly handles cases in all jurisdictions throughout the country, helping to provide a consistent defense to those companies faced with product liability suits. He has spent over two decades defending clients nationally against coordinated product liability suits, and has been repeatedly successful in obtaining both appellate and trial judgments on behalf of those clients. He is a pioneer of the national counsel defense program, helping small, mid-sized and large corporations spearhead a consistent defense in multiple jurisdictions against claims made relating to their products. Barry routinely counsels companies relating to marketing and sale of products throughout the United States. Barry also confers with clients relating to consumer claims, consumer disputes, CPSC regulations, and other Federal Regulations and requirements. Barry's involvement in the defense of hunting product manufacturers and automotive companies on a national basis has allowed him to help shape the trends in product liability throughout the United States.
Barry has argued and/or briefed cases before the federal district and appellate courts and the Michigan Court of Appeals, the Supreme Court of Michigan, and the United States Supreme Court. As a specialist in complex, national, product liability cases, Barry has handled cases throughout the country including Florida, New York, Louisiana, California, Ohio, South Dakota, New Mexico, Texas, Alabama, Mississippi, Georgia, South Carolina, West Virginia, Maine, Wisconsin, Montana, Tennessee, Kentucky, Arkansas, North Carolina, Virginia, Maryland, Pennsylvania, Colorado, Massachusetts, and Illinois. As a solo and lead trial attorney, Barry has won each of the cases he tried. He has litigated cases involving product liability, breach of contract, misrepresentation, fraud, false imprisonment, false arrest, automobile liability, conversion, bad faith, violation of the consumer protection act and negligence. As principle drafter of the successful appellate briefs in Gregory v. Cincinnati, Peck v. Bridgeport Machines and Hollister v. Dayton Hudson Corporation, Barry has helped to define and structure the risk-utility test in product liability.
Barry also specializes in commercial litigation, and currently serves several clients in commercial disputes arising within the automotive field. Barry has successfully defended companies in commercial disputes alleging breach of contract, intentional interference with business relations, breach of warranty, misrepresentation, failure to compensate for sales commissions and breach of exclusive sales contracts. In addition, Barry has obtained numerous restraining orders in cases preventing sub-component manufacturers from refusing to ship on “just in time” requirements contracts due to the alleged rise in raw material costs.
Barry also handles complex litigation and insurance coverage. Barry was one of the lead trial counsel in the Dow Corning Breast Implant Coverage Litigation, an over $2 Billion dispute that still stands as one of the largest and most complex insurance coverage dispute in American History.
Barry was recently named as one of America’s Top 100 Bet-the-Company Litigators®, and named Lawyer of Distinction. Barry was also recognized as a BTI Consulting Group's Client Service All-Stars 2018-19, and was named a Super Lawyers Rising Star in 2008. Barry is active in his community; he volunteers as a coach and Board Member for the Birmingham Patriots Youth Football Organization. In addition, he enjoys hunting and fishing.