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Bijan Esfandiari
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About Bijan
Biography
Bijan Esfandiari is a pharmaceutical product liability litigation attorney and a senior shareholder partner at Wisner Baum (formerly Baum Hedlund Aristei & Goldman) in Los Angeles. He has successfully represented clients in state and federal courts across the nation, at both the trial and appellate level, in wrongful death and catastrophic personal injury cases.
He has participated in several cases that have shaped and developed the law for the benefit of injured victims and consumers of pharmaceutical products. In one case of first impression (a case that presents a new issue for legal interpretation), the Court agreed with Bijan's argument and held that drug manufacturers owe an affirmative duty to warn regarding risks associated with children's off-label use.
Bijan's published cases have also exposed reprehensible corporate conduct. In one instance, a federal court in Pennsylvania allowed Bijan's clients to proceed with their punitive damages claims after finding that internal documents demonstrated the defendant had "acted with a wanton and willful disregard for the safety of its consumers."
Where drug makers have tried to convince courts that federal preemption (the doctrine that federal law preempts conflicting state laws) grants them immunity from state lawsuits, Bijan has time and again prevented their escape. In Mason v. SmithKline Beecham Corp., the first and only prescription drug preemption case to be heard by the U.S. Seventh Circuit Court of Appeals, the drug maker argued that FDA approval of a drug shielded its manufacturer from fault even if the company later learned of harmful negative reactions. The court, however, sided with Bijan and held that plaintiffs' claims were not preempted by federal law.
Bijan has likewise successfully opposed preemption in numerous other state and federal court cases. He co-authored amicus briefs in support of the respondents in the Supreme Court's landmark cases Wyeth v. Levine, 129 S.Ct. 1187 (2009) and Pliva v. Mensing, 131 S.Ct. 2567 (2011). Bijan received his bachelor's degree (cum laude, 1999) and J.D. degree from UCLA. He has been selected to Best Lawyers®, The National Trial Lawyers Top 100 Trial Lawyers, and Southern California Super Lawyers®. He also - has an rating of 10 out of 10: Superb.
Practice Areas
7
Practice Areas
Class Action
16%
Consumer Protection
16%
Defective and Dangerous Products
16%
Litigation
16%
Fees and Rates
Cost
Licenses
Licensed in California for 23 years
State: California
Acquired: 2002
No misconduct found
Location
Wisner Baum
11111 Santa Monica Blvd., Ste. 1750, Los Angeles, CA, 90025
wisnerbaum.com/attorneys/bijan-esfandiari/Gallery
Online Presence
Other places you can find Bijan online.
Bijan Esfandiari's Reviews
Showing 1 - 1 of 1 client review from Avvo
Posted by anonymous | February 21, 2021 | Hired Attorney
This review is from a person who hired this attorney.
Wonderful lawyer and person
These guys are truly so passionate and caring for their clients. I’ve never worked with any lawyers who have cared so much. I would highly recommend them to anyone looking for a team to represent them. They work as a group and handle each case as if it was their family member.
Bijan Esfandiari's Lawyer Endorsements
Kambiz Kohan
Defective and dangerous products lawyer | Sep 30
Relationship: Fellow lawyer in community
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Experience
Honors
2025
Super Lawyer, Super Lawyers
2024
Super Lawyer, Super Lawyers
2023
Super Lawyer, Super Lawyers
2022
Super Lawyer, Super Lawyers
2021
Super Lawyer, Super Lawyers
2020
Super Lawyer, Super Lawyers
2019
Super Lawyer, Super Lawyers
2018
Super Lawyer, Super Lawyers
2017
Super Lawyer, Super Lawyers
2016
Rising Star, Super Lawyers
2015
Rising Star, Super Lawyers
2014
Rising Star, Southern California Super Lawyers
2013
Rising Star, Southern California Super Lawyers
2012
Rising Star, Southern California Super Lawyers
2011
Rising Star, Southern California Super Lawyers
2010
Rising Star, Southern California Super Lawyers
2009
Rising Star, Southern California Super Lawyers
2008
Listed, Bar Register of Preeminent Lawyers, Lexis Nexis Martindale-Hubbell
N/A
Moot Court Honors Program, UCLA School of Law
Work Experience
1900 - Present
Shareholder, Wisner Baum
2002 - 2007
Associate, Sedgwick, Detert, Moran & Arnold LLP
Associations
2013 - Present
Admission to U.S. Court of Appeals for the First Circuit
2012 - Present
Admission to U.S. District Court, Northern District of CaliforniaMember
2011 - Present
Admission to U.S. Supreme Court
2009 - Present
Admission to the US Court of Appeals, Seventh Circuit
2008 - Present
The American Association of Justice-Products Liability Section, STEP-Toxic, Environmental and Pharmaceutical Torts SectionMember
2008 - Present
Admission to the U.S. Court of Appeals, Third Circuit
2008 - Present
Admission to U.S. District Court, Eastern District of Wisconsin
2008 - Present
Admission to U.S. District Court, Western District of Michigan
2008 - Present
Admission to U.S. Court of Appeals, Tenth Circuit
2005 - Present
Admission to U.S. District Court, Eastern District of California
2005 - Present
Admission to U.S. District Court, Southern District of California
2002 - Present
Admission to U.S. Court of Appeals, Ninth Circuit
2002 - Present
Admission to U.S. District Court, Central District of California
2002 - Present
Admission to California
2002 - Present
State Bar of CaliforniaMember
Los Angeles County Bar Association
Member
Consumer Attorneys Association of Los Angeles
Member
2000 - 2001
UCLA School of Law Moot Court Honors ProgramMember
1999 - 2000
UCLA Journal of International Law & Foreign AffairsMember
Sample of Legal Cases
Tucker v. SmithKline Beecham Corp., 596 F.Supp.2d 1225 (S.D.Ind. 2008)
Knipe v.SmithKline Beecham, 583 F.Supp.2d 553 (E.D.Pa 2008)
Knipe v. SmithKline Beecham, 583 F.Supp.2d 602 (E.D.Pa. 2008
Cunningham v. SmithKline Beecham, 255 F.R.D. 474 (N.D.Ind. 2009)
Forst v. SmithKline Beecham Corp., 602 F.Supp.2d 960 (E.D.Wis. 2009)
Education
2002
University of California at Los Angeles School of Law
JD - Juris Doctor
1999
University of California - Los Angeles
BA - Bachelor of Arts, cum laude
Speaking Engagements
2014
2014 AAJ Annual Convention
Status of Cases That Have Survived Preemption Motions and Discovery Strategies and Different Venue Options
2013
People Before Profits
Panel: Corruption
2013
Mass Torts Made Perfect
Status of the Infuse Litigation
2012
Actos and Pelvic Mesh Litigation Update
“Living with the Mensing Decision”
2011
The Ethics of Ghost Authorship in Biomedical Research: Concerns and Remedies Workshop
Legal Implications of Pharmaceutical Ghostwriting
2007
ABA Forum on Communications Law
Oral Advocacy Competition Participant
2006
San Fernando Valley Bar Association - Intellectual Property, Entertainment Law & Internet Law Section
"Strategies for Litigating Copyright Cases When Infringement is Uncontested"
Publications
2012
PLOS Medicine
"Challenging Medical Ghostwriting in US Courts"
2011
2011
Mealey's Emerging Drugs and Devices
Levine To Mensing - A Journey From the Sublime to the Ridiculous
2010
The Advocate
"Outsmarting the 'Learned-Intermediary Doctrine' Defense"
2009
LexisNexis® Mealey's™ Emerging Drugs & Devices, Volume 14, Issue #10
"Preemption's Requiem in the Wake of Wyeth v. Levine"
2008
Lexis Nexis Mealey's Litigation Report: Antidepressant Report
Complete Tort Immunity For Drug Manufacturers Is Bad For The Public Health: A Commentary On Colacicco v. Apotex And Other Recent Preemption Decisions
2007
Marketing Management - Marketing Law
Caught Without a License
2006
American Bar Association publication
YouTube Sued: It’s a Riot
2006
IP Law
Camisoles - Providing Thin Protection
2005
ABA Tort Trial & Practice Section, Intellectual Property Law Committee Newsletter
Grokster: Inducing Further Litigation
Languages
Farsi