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.
Affiliations
Admitted to practice: Maryland, District of Columbia
Speeches & Presentations
Publications
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"Recalls in Review: IoT Products," Crowell & Moring’s Retail & Consumer Products Law Observer
(December 29, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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Micromobility Whitepaper
(December 17, 2020).
Authors: Cheri Falvey, Scott Winkelman, Rebecca Chaney, Carolyn Wagner, Matt Cohen, Mariam Sarwar, Colleen Johnson
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"Recalls in Review: Lithium-ion Batteries," Crowell & Moring’s Retail & Consumer Products Law Observer
(November 4, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"Recalls in Review: Electric- and Gas-Powered Scooters," Crowell & Moring’s Retail & Consumer Products Law Observer
(September 4, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"Recalls in Review: Bicycle Helmets," Crowell & Moring’s Retail & Consumer Products Law Observer
(August 26, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"Recalls in Review: Bicycle and Bicycle Part Recalls," Crowell & Moring’s Retail & Consumer Products Law Observer
(August 13, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"Recalls in Review: Recall Trends in 2020," Crowell & Moring’s Retail & Consumer Products Law Observer
(July 31, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"Recalls in Review: Child-Resistant Packaging," Crowell & Moring’s Retail & Consumer Products Law Observer
(June 29, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"Recalls in Review: Dresser Tip-Over," Crowell & Moring’s Retail & Consumer Products Law Observer
(May 4, 2020).
Authors: Carolyn W. Wagner and Cheryl A. Falvey.
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"Recalls in Review: Stroller Recalls," Crowell & Moring's Retail & Consumer Products Law Observer
(February 28, 2020).
Authors: Carolyn W. Wagner and Colleen Johnson.
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"CPSC Acting Chairman Adler: Renew Unilateral Safety Warnings and Civil Penalties," Crowell & Moring's Retail & Consumer Products Law Observer
(February 28, 2020).
Authors: Matthew Cohen, Cheryl A. Falvey and Carolyn W. Wagner.
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"Voluntary Standards: Treat as “Voluntary” at Your Own Risk," Crowell & Moring's Retail & Consumer Products Law Observer
(February 25, 2020).
Authors: Carolyn W. Wagner and Jessica D. Gilbert.
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"Recalls in Review: Crib Recalls," Crowell & Moring's Retail & Consumer Products Law Observer
(January 31, 2020).
Author: Carolyn W. Wagner and Colleen Johnson.
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"Managing Products: A Consumer Safety Complaint Checklist," Crowell & Moring's Retail & Consumer Products Law Observer
(January 8, 2020).
Authors: Matthew Cohen and Carolyn W. Wagner.
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"CPSC Reporting: Best Practices for Investigating Safety Complaints," Crowell & Moring's Retail & Consumer Products Law Observer
(December 23, 2019).
Authors: Jessica D. Gilbert and Carolyn W. Wagner.
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"Solving for Stupid: How Far should the CPSC Stretch to Address Foreseeable Misuse," Crowell & Moring's Retail & Consumer Products Law Observer
(December 11, 2019).
Authors: Cheryl A. Falvey, Carolyn W. Wagner and Matthew Cohen.
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"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.
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"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.
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"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.
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"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.
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"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.
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"Trolls and Tall Tales: How to Protect Your Company’s Online Reputation," Crowell & Moring's Retail & Consumer Products Law Observer
(May 31, 2017).
Authors: Carolyn W. Wagner and Laura Offenbacher Aradi.
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"CPSC Acting Chair Buerkle Announces Top Priorities at Product Safety Conference," Crowell & Moring's Retail & Consumer Products Law Observer
(February 27, 2017).
Authors: Matthew Cohen and Carolyn W. Wagner.
Client Alerts & Newsletters
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"Recent Happenings in Advertising & Product Risk Management – February 2018,"
Advertising & State AG Alert
(February 26, 2018).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen, Helen Osun
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"Recent Happenings in Advertising & Product Risk Management – December 2017,"
Advertising & State AG Alert
(December 20, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen, Rebecca Baden Chaney, Chalana N. Damron, Robbie Rogart, Rukiya Mohamed, Kate M. Watkins
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"Recent Happenings in Advertising & Product Risk Management – October 2017,"
Advertising & State AG Alert
(October 3, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen, Preetha Chakrabarti
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"Recent Happenings in Advertising & Product Risk Management – July 2017,"
Advertising & State AG Alert
(July 25, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen
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"CPSC Hears Rare Oral Argument in Zen Magnets Recall Litigation,"
Advertising & State AG Alert
(June 13, 2017).
Contacts: Scott L. Winkelman, Cheryl A. Falvey, Matthew Cohen, Carolyn W. Wagner, Rebecca Baden Chaney
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"Recent Happenings in Advertising & Product Risk Management – May 2017,"
Advertising & State AG Alert
(May 17, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen
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"Recent Happenings in Advertising & Product Risk Management – March 2017,"
Advertising & State AG Alert
(March 27, 2017).
Contacts: Christopher A. Cole, Cheryl A. Falvey, John Fuson, David Ervin, Lauren Aronson, Carolyn W. Wagner, Matthew Cohen
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"A Highlight Reel: FTC's Amendment to Fair Packaging and Labeling Act Rules,"
Advertising & State AG Alert
(October 2015).
Contact: Carolyn W. Wagner
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"Breathing New Life Into Vapor Intrusion Concerns: EPA Issues Long-Awaited Final Guidelines,"
Environment & Natural Resources Law Alert
(June 29, 2015).
Contacts: Kirsten L. Nathanson, Jennifer A. Giblin, Carolyn W. Wagner
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"FTC's Enforcement of Promotional Tweeting Has Teeth,"
Advertising & State AG Alert
(December 19, 2014).
Contacts: David Ervin, Carolyn W. Wagner
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"New Danger in Delay: FDA Guidance Merits Review of Internal Procedures for Facility Inspections,"
Advertising & State AG Alert
(November 21, 2014).
Contacts: John Fuson, Carolyn W. Wagner
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"New California Law Allows Minors to Remove Regrettable Digital Content,"
Advertising & State AG Alert
(October 24, 2013).
Contact: Carolyn W. Wagner
Media Mentions
Firm News & Announcements