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Carolyn W. Wagner

Counsel

cwagner@crowell.com
Phone: +1 202.624.2612
1001 Pennsylvania Avenue NW
Washington, DC 20004-2595

Carolyn W. Wagner is a counsel in Crowell & Moring's Washington, D.C. office. She is a member of the firm's Mass Tort, Product, and Consumer Litigation and Product Risk Management groups. In her practice, Carolyn represents clients in a wide-range of commercial and product liability litigation, and product regulatory counseling matters. She has experience defending clients in class action and multi-district proceedings, as well as other complex litigation.

Carolyn's practice includes all aspects of torts and contract litigation with a concentration in product liability and warranty matters. Carolyn also represents clients in negligence, personal injury, and property damage actions. She defends sellers, manufacturers, and suppliers in a diverse range of statewide and nationwide individual, multi-district, and class action lawsuits. Carolyn’s recent tort litigation experience includes:

  • Representing a Class 1 railroad in numerous class action litigations arising from derailments and similar events.
  • Winning dismissal of a putative nationwide class action alleging defects in a commercial product due to cybersecurity and hacking concerns. 
  • Using expert testimony to disprove product causation theories in a series of lawsuits alleging harm from personal care products.
  • Counseling clients on new litigation risks presented by the rapidly expanding "internet of things," including commercial products with software components and internet connectivity.
  • Serving as national coordinating counsel for a transportation client’s docket of diesel exhaust exposure litigation. 
  • Representing a telecommunications client involved in a large group of cases alleging health risks posed by mobile phones, encompassing an effort to persuade the District of Columbia to adopt new evidentiary standards for expert witness testimony.   

As part of the Product Risk Management Group, Carolyn advises clients on the full range of consumer protection issues with particular focus on consumer product safety and regulatory compliance. She performs due diligence reviews of target companies for consumer protection and product compliance issues. Carolyn also works with clients to identify and analyze potential legal risks associated with new ventures or new products. She then helps clients mitigate risks by reviewing product testing plans, crafting product labels and warnings, and establishing legal risk management protocols such as compliance programs, recall policies, and early warning detection systems. When consumer product issues do arise, Carolyn represents clients before the Consumer Product Safety Commission, the National Highway Traffic Safety Administration, the Food and Drug Administration, the Environmental Protection Agency, and other product-related agencies, assisting clients with identifying agency reporting obligations, agency notification, and corrective action plan negotiations when necessary. Carolyn also represents clients in litigation with various agencies, including defending against civil penalty enforcement actions.

Carolyn also has an active pro bono practice. In 2012, she was selected as Crowell & Moring's loaned associate to The Legal Aid Society of the District of Columbia. From October to April 2013, she represented indigent tenants in eviction actions, successfully negotiating favorable settlement agreements for her clients and participating in all stages of the pre-trial litigation process. In addition to working at Legal Aid, Carolyn has also represented pro bono clients in political asylum, child custody, and criminal sentencing matters.

Carolyn received her J.D. from Duke University School of Law. While at Duke, she served on the editorial board of the Duke Law Journal and was a Guardian ad Litem for child victims of abuse and neglect in Durham County. Carolyn graduated Phi Beta Kappa, magna cum laude, from Wake Forest University in 2006, where she studied political science and psychology.

Education

  • Duke University School of Law, J.D.
  • Wake Forest University, B.A., magna cum laude

Affiliations

Admitted to practice: Maryland, District of Columbia

View More

"New Technology is the New Wave in Consumer Protection: Is Your Company Ready?," Crowell & Moring's Retail & Consumer Products Law Observer (June 11, 2019). Authors: Cheryl A. Falvey, Carolyn W. Wagner and Jessica D.Gilbert.
Publication
The Furniture Industry Is Starting To Feel The Shutdown's Impacts-Here's What To Know Business of Home (January 23, 2019)
In the News
"Government Shutdown Does Not Postpone Product Safety Reporting Obligations," Crowell & Moring's Retail & Consumer Products Law Observer (January 4, 2019). Authors: Cheryl A. Falvey and Carolyn W. Wagner.
Publication
"Senate Confirms Peter Feldman to CPSC; Republicans Gain 3-2 Majority," Crowell & Moring's Retail & Consumer Products Law Observer (October 2, 2018). Authors: Matthew Cohen and Carolyn W. Wagner.
Publication
"Check Your Spam Filters!: CPSC Has Automated FOIA Communications," Crowell & Moring's Retail & Consumer Products Law Observer (May 9, 2018). Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
Publication
"Recent Happenings in Advertising & Product Risk Management – February 2018," Advertising & Product Risk Management Alert (February 26, 2018). Contacts: Helen Osun, Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen
Client Alert/Newsletter
"Recent Happenings in Advertising & Product Risk Management – December 2017," Advertising & Product Risk Management Alert (December 20, 2017). Contacts: Rebecca Baden Chaney, Chalana Netasha Damron, Robbie Rogart, Kate M. Watkins, Rukiya Mohamed, Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen
Client Alert/Newsletter
"Recent Happenings in Advertising & Product Risk Management – October 2017," Advertising & Product Risk Management Alert (October 3, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen, Peter B. Miller, CIPP/G/US/E, CIPM, CIPT, Niran S. Somasundaram
Client Alert/Newsletter
"Recent Happenings in Advertising & Product Risk Management – July 2017," Advertising & Product Risk Management Alert (July 25, 2017). Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen
Client Alert/Newsletter
"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation," Crowell & Moring's Retail & Consumer Products Law Observer (June 13, 2017). Authors: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen and Carolyn W. Wagner.
Publication

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Crowell & Moring LLP is an international law firm with more than 500 lawyers representing clients in litigation and arbitration, regulatory, and transactional matters. The firm is internationally recognized for its representation of Fortune 500 companies in high-stakes litigation, as well as its ongoing commitment to pro bono service and diversity. The firm has offices in Washington, DC, New York, Los Angeles, San Francisco, Orange County, London, and Brussels.

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