Leading Product Liability Lawyers

128 Pages·2003·10.78 MB·English

by  David Reif

Inside the Minds: Product Liability Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
Scholer, Bryan Cave and More on the Art & Science
Behind a Successful Product Liability Practice
by Roger E. Podesta et al. ISBN:1587622335
Aspatore Books © 2003 (216 pages)
From examining the fundamental roles of lawyer and lawyer-
client relationships, to evaluating changes in product liability
legislation and addressing the need for innovation, this book
pulls readers through all facets of product liability.
Table of Contents
Inside the Minds—Leading Product Liability Lawyers—Industry Insiders on the Art
& Science behind a Successful Product Liability Practice
Understanding Your Client
Product Liability Defense—Applying the Rule of Law Now and In the Future
Minimizing Product Liability Risk
Product Design and the Litigation Process
The Successful Product Liability Lawyer
The Product Liability Lawyer—Spotlight on the Defense Council
Product Liability Law—Where the Rubber Meets the Road
Learning the Science Behind Product Liability Law
Defending America’s Manufacturers—Challenges, Rewards and Successful
Strategies
Telling the Story—The Product Liability Lawyer as a Teacher
Teaching the Importance of Consistency
Balancing Product Innovation & Product Safety
Defending the Client
Back Cover
Inside the Minds: Product Liability Lawyers: Product
Inside the Minds: LeLaidainbgil iPtryo dCuhcat iLrsia bFirliotym L aDweybeervso iiss eth &e mPloimst patuotnho, rKitaaytieve book ever written on the essentials
behind the successfuSlc phroalcetric,e B orfy parno dCuacvt eli aabnildit yM loarwe. oThni st htietl eA rfeta &tu Srecsi eGnrcoeup Chairs and Department Heads of
product liability fromB esohmined o af tShuec ncaetsiosnfu’sl tPorpo ldauwc fti rLmiasb, iwlihtoy hParvaec tciocnetributed chapters akin to objective,
experience-related white papers or essays on this particular specialization within the legal field. In an over-
by Roger E. Podesta et al. ISBN:1587622335
arching as well as in-depth presentation of the fundamentals, authors articulate the unspoken rules and the
important issues facAinsgp aatnoyr ep Broodoukcst ©li a20b0il3it (y2 1la6 wpaygeers )now, and what will hold true into the future. From
examining the fundaFmroemnt aelx aromlein oinf gth teh ela fwuynedra manedn ttahle r loalwesy eorf- lcaliweynet rr ealnadti olanwshyiepr,- to evaluating changes in
product liability legiscllaietinotn r ienladtuiostnrsyh-iwpisd,e t oa nedv aaldudartiensgs icnhga tnhgee sn eine dp rfoord uincnt olivaabtiiloitny, this book pulls readers
through all facets ofl epgriosdlautciot nli aabnidlit yad, dfrroemss ibnegg tinhne innge etdo feonrd i.n Tnhove adtiioffne,r etnhtis n bicohoeks represented and the various
perspectives presentpeudll se nreaabdlee rrse athdreorsu gtoh gaell tf aincseitdse o gf rperaotd luegcta ll imabinilidtys .and gain valuable insights into the
industry, as the experts go back to basics in a must-read for anyone interested in product liability, the law and
Tthaeb linet eorfs Cecotniotne notfs the two.
Inside the Minds—Leading Product Liability Lawyers—Industry Insiders on the Art
& Science behind a Successful Product Liability Practice
Understanding Your Client
Product Liability Defense—Applying the Rule of Law Now and In the Future
Minimizing Product Liability Risk
Product Design and the Litigation Process
The Successful Product Liability Lawyer
The Product Liability Lawyer—Spotlight on the Defense Council
Product Liability Law—Where the Rubber Meets the Road
Learning the Science Behind Product Liability Law
Defending America’s Manufacturers—Challenges, Rewards and Successful
Strategies
Telling the Story—The Product Liability Lawyer as a Teacher
Teaching the Importance of Consistency
Balancing Product Innovation & Product Safety
Defending the Client
Inside thIens iMde ithne dMisnd—s: PLroeduactd Liianbilgity PLawryoerds:u Prcodtu cLt iability
Liability Chairs From Debevoise & Plimpton, Kaye
Lawyers—SchIonlerd, Burysant Crayv eI annds Midoree orns th eo Anrt &t Shceien cAert & Science
Behind a Successful Product Liability Practice
behind ab yS Ruogecr cE. ePosdesstaf uet all . Product LiIaSBbN:1i5l87i6t2y23 35Practice
Aspatore Books © 2003 (216 pages)
From examining the fundamental roles of lawyer and lawyer-
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client relationships, to evaluating changes in product liability
legislation and addressing the need for innovation, this book
Aspatore Books is the largest and most exclusive publisher of C-Level executives (CEO, CFO, CTO,
pulls readers through all facets of product liability.
CMO, Partner) from the world's most respected companies. Aspatore annually publishes C-Level
Taebxleec ouft iCveosn tfreonmts over half the Global 500, top 250 professional services firms, law firms (MPs/Chairs),
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& Science behind a Successful Product Liability Practice
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Learning the Science Behind Product Liability Law
Inside the Minds
Defending America’s Manufacturers—Challenges, Rewards and Successful
Strategies
The critically acclaimed Inside the Minds series provides readers of all levels with proven business
Telling the Story—The Product Liability Lawyer as a Teacher
intelligence from C-Level executives (CEO, CFO, CTO, CMO, Partner) from the world's most
Teaching the Importance of Consistency
respected companies. Each chapter is comparable to a white paper or essay and is a future-oriented
Blaoloankc aint gw Phreordeu actn I innndouvsattriyo/np r&o fPersosdiounct/ toSpafice tiys heading and the most important issues for future success.
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Inside the Minds: Product Liability Lawyers: Product

Liability Chairs From Debevoise & Plimpton, Kaye
Scholer, Bryan Cave and More on the Art & Science
Behind a Successful Product Liability Practice
by Roger E. Podesta et al. ISBN:1587622335
Aspatore Books © 2003 (216 pages)
From examining the fundamental roles of lawyer and lawyer-
client relationships, to evaluating changes in product liability
legislation and addressing the need for innovation, this book
pulls readers through all facets of product liability.
Table of Contents
Inside the Minds—Leading Product Liability Lawyers—Industry Insiders on the Art
& Science behind a Successful Product Liability Practice
Understanding Your Client
Product Liability Defense—Applying the Rule of Law Now and In the Future
Minimizing Product Liability Risk
Product Design and the Litigation Process
The Successful Product Liability Lawyer
The Product Liability Lawyer—Spotlight on the Defense Council
Product Liability Law—Where the Rubber Meets the Road
Learning the Science Behind Product Liability Law
Defending America’s Manufacturers—Challenges, Rewards and Successful
Strategies
Telling the Story—The Product Liability Lawyer as a Teacher
Teaching the Importance of Consistency
Balancing Product Innovation & Product Safety
Defending the Client
UnderstaInnsiddei ntheg M iYndos: uPrord uCctl Liieabnilitty Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
Scholer, Bryan Cave and More on the Art & Science
Karen S. CrawfoBredhind a Successful Product Liability Practice
Buchanan Ingerbsyo lRl oLgLePr E. Podesta et al. ISBN:1587622335
Shareholder, OffAiscpea Htoerea dBooks © 2003 (216 pages)
From examining the fundamental roles of lawyer and lawyer-
The Role ofc litehnte re Platrioondshuipsc, tt oL eivaalubaitlinitgy c hLanagews yine prroduct liability
legislation and addressing the need for innovation, this book
pulls readers through all facets of product liability.
An effective product liability lawyer understands not only the client’s legal needs, but the client’s
Tabbulesi noef sCso nneteendtss as well. This insight requires more than the mere review of the complaint, evaluation
Inosf idthee t heev idMeinndcse—, Laenadd pinrge pParoradutioctn L oiaf btihliety d Leafwenyesres —ofI tnhdeu sctaryse I.n Tsiod efrusll yo nu nthdee rAsrttand a client’s needs, the
&l aSwciyeenrc em buesht iunndd ae Srsutcacneds stfhuel Pprroodduucctt ,L iwabhialitt yr oPlrea citt ipcleays in the company, the significance of the claim to
Utnhdee crsotmanpdainngy ,Y tohuer bCuliseinntess needs of the company, the potential adverse impact that the claim may
Phroadvuec to nLi athbeili tcyo Dmepfeannsye, —anAdpp tlhyein cgo tmhep Ranulye's o sf hLoarwt- Nteorwm aanndd I lno nthge- tFeurmtu rgeoals.
Minimizing Product Liability Risk
When I first represent a client, we sit down together and try to work through what their goals are for the
Product Design and the Litigation Process
case. If the client is eager to put the matter behind them very quickly so that they can get on to
The Successful Product Liability Lawyer
productively running their business, such as improving their existing products or developing,
The Product Liability Lawyer—Spotlight on the Defense Council
manufacturing, and distributing new products, this business goal must be prioritized. By contrast, some
Product Liability Law—Where the Rubber Meets the Road
clients may wish to defend against the claim at all costs. Therefore, it is important at the outset to truly
Lueanrdneinrsgt athned Sthceie nccliee nBte’sh icnodm Pmroedurccita Ll iianbteilirteys Ltsa wand goals with regard to a litigation dispute.
Defending America’s Manufacturers—Challenges, Rewards and Successful
SAtr agtoeogdie sproduct liability lawyer also keeps the client apprised of any regulations and case law that
Tmelliignhgt tihmep Satcotr tyh—eT chleie Pnrt’osd buucts iLniaebsisli.t yW Lhaewny eI rb aesc oa mTeea achwearre of proposed rule-making, for example, I
Taedacvhisineg m thy ec lIimenpto artnadn cme aokf eC roencsoismtemnceyndations to them regarding whether a submission should be
Bmalaandcein tgo Pthreod augcet nIncnyo, vifa rteioqnu e&s Pterodd. uTcht eS aInfetetyrnet has become a tremendous resource for advising clients
Doeff ecnhdainngg ethse in C tlhieen tlaw. While only a few years ago I communicated with clients primarily via mailed or
faxed correspondence, I now use the Internet as the communication tool of choice. The Internet is also
a great source of information—from recently released regulations and announcements of requests for
comment on proposed regulations to new case filings and pertinent publications of interest. I also keep
abreast of changes in the law by regularly reading current case law and legal periodicals. Even if a
favorable—or unfavorable—decision is from a different jurisdiction, the arguments advanced may very
well be germane to my client’s practice and business in other venues. Additionally, I read trade
journals and when I see an article of interest, I forward them to my clients. Finally, my firm, Buchanan
Ingersoll, puts out newsletters periodically, which we send to our clients so that they are kept informed
of current legal developments.
Defending the Product Liability Case
Inside the Minds: Product Liability Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
When defending Sac phrooldeur,c tB lriaybainlit yC acvasee a, nitd is M imorpeo ortna ntth teo Acrotm &e Sucpi ewnitche a theme that suits your client,
Behind a Successful Product Liability Practice
and keep that theme throughout the discovery process and the presentation of your case, from
by Roger E. Podesta et al. ISBN:1587622335
opening statement through closing argument. The theme essentially paints a picture of your
Aspatore Books © 2003 (216 pages)
case—your client, the client’s product, and, if applicable, their social role in their particular industry. If
you represent a cFormomp aenxya mthianti nisg mthaek fiunngd aa mmeendtaicl arol plerso odfu lcatw, yfoerr inansdta lnacwey ear -product which plays a
client relationships, to evaluating changes in product liability
significant role in the treatment of AIDS and other communicable diseases, you want the jury to be
legislation and addressing the need for innovation, this book
aware of that. Yopuu nlles erdea tdoe mrsa tkhero suugrhe athll afat cyeotus cofo mprmoduuncitc laiateb iltihtya.t humanizing message or theme
throughout the entire case.
Table of Contents
InWsihdee nt hdee fMeinnddisn—gL ae acdoinrpgo Prarotidounc,t cLoianbnielitcyt iLnagw wyiethrs a— jIunrdyu astnrdy fIanmsidileiarrsi zoinng t hthee Amrt with the strengths of your
&c Sliecinetn ccae nb ebhei nad c ah aSluleccnegses.f uGl ePnroedruacllty ,L itahbeil iptyla Pinrtaifcft iwceill try to paint a picture of any corporation which
Umndaekressta an dpinrogd Yuocut ra Csl iae nbtig, bad corporation that is greedy and only interested in making a buck. As a
Pdroedfuecnts Lei aabttiolitryn eDye,f eitn isse im—Appoprtlayinntg t oth peo Rinutl eo uotf tLoa wth eN ojuwr ya nwdh aInt stohec ieFutatlu rroele the corporation plays. The
Meinffiemcitzivineg dPerfoednuscet Laitatboirlnitey yR nisekeds to be able to clearly express how the corporation develops its
Pprorodudcutc Dtse, stihgen eamndp tlohyem Lietingta trioolne Pitr polcaeysss in the community, its work ethic, and its continuous self-
Tehvea Sluuacctieosns fpurlo Pcreosdsu ctot Lrieagbuililtayr lLya awnyde runiformly improve the quality of its products. It is important to
personalize the company in that way so that it is not just viewed as a faceless corporation, but rather
The Product Liability Lawyer—Spotlight on the Defense Council
an entity that is trying to produce, in a cost-effective manner, a safe and effective product.
Product Liability Law—Where the Rubber Meets the Road
Learning the Science Behind Product Liability Law
There are certain basic legal skills an attorney must have in order to effectively try a product liability
Defending America’s Manufacturers—Challenges, Rewards and Successful
case. Preparation and organization are both critical to winning any case. In addition, the lawyer must
Strategies
have excellent verbal and written communication skills. I have seen many lawyers who have superb
Telling the Story—The Product Liability Lawyer as a Teacher
verbal skills but who don’t necessarily have adequate writing skills, and vice versa. To effectively
Teaching the Importance of Consistency
defend a product liability suit you must be able to express yourself in a persuasive manner, both
Balancing Product Innovation & Product Safety
verbally and in writing.
Defending the Client
Mitigating Product Liability Risk
Inside the Minds: Product Liability Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
There is nothing tShcaht oal edre,f Benrysae nla Cwayveer acannd dMoo troe porne vtehnet Aar ct o&m Spcaineyn cfreom being sued. Litigation
Behind a Successful Product Liability Practice
prevention is simply not within the attorney’s control in most circumstances. Nevertheless, product
by Roger E. Podesta et al. ISBN:1587622335
liability attorneys do play a role in assisting companies to mitigate their product liability risk. For
Aspatore Books © 2003 (216 pages)
instance, product liability lawyers can conduct a liability review before lawsuits are ever filed. Such a
review might encoFrmompa esxsa emvienriyndga tyh eis fsuunedsa msuecnht aal sr otlhees roef -leavwayleura taionnd loafw tyheer -company’s key contracts
client relationships, to evaluating changes in product liability
and distribution agreements, to a review of all their product warnings to ensure that they are in
legislation and addressing the need for innovation, this book
compliance with tphuell sla rwea adnedrs t htharto tuhgeh w aallr nfaincegtss aorf ep croledaurc ta lniadb ieliftfye.ctive. The lawyer also can assess the
client’s complaint procedures to ensure that complaints are acted upon and evaluated promptly. In
Tacbolned oufc Ctiongn tae nliatsbility review, the lawyer might also evaluate the client document retention policy and
Incsoinded uthcet eMminpdlos—yeLee atdrainingi nPgro odnu cdto Lciaubmilietyn tL raewteynertiso—n,I nadnuds tervye Inn smidoerres iomn ptohert aAnrttly, email "etiquette" about
& Science behind a Successful Product Liability Practice
what to write and what not to write in emails. If a thorough product liability review is conducted, the
Understanding Your Client
client will be better positioned to defend any subsequent suits.
Product Liability Defense—Applying the Rule of Law Now and In the Future
MAin cimomizipnag nPyr ocdaunc ta Llsiaob eilintyg aRgisek in several preventative steps to limit its product liability exposure. First, a
Pcroodmupcta Dnye ssighno ualndd c tohned Luitcigt afrteioqnu ePrnot cpersosduct self-evaluations and implement continuous improvements
Tthher oSuugchce rsessfuela Prcrohd aunctd L diaebvielitloy pLmaweynet.r It simply is not enough to manufacture a product that is safe and
effective when it is first introduced. Regular evaluation of the product must be conducted to ascertain
The Product Liability Lawyer—Spotlight on the Defense Council
whether it can be further improved. One way a company can determine if a product needs to be
Product Liability Law—Where the Rubber Meets the Road
improved is through customer feedback from a consistent and organized company complaint
Learning the Science Behind Product Liability Law
procedure. In that way, if complaints are made about the safety or efficacy of a particular product,
Defending America’s Manufacturers—Challenges, Rewards and Successful
those concerns can be systematically evaluated and taken into account to improve the product. This
Strategies
self-evaluation process is critical to mitigating potential product liability exposure and is also an
Telling the Story—The Product Liability Lawyer as a Teacher
important means of engendering customer confidence. If a number of complaints are filed about a
Teaching the Importance of Consistency
company’s product, then the company should make sure that those complaints are systematically
Balancing Product Innovation & Product Safety
evaluated, and preferably, that the person who has lodged the complaint is advised of the results of
Defending the Client
any analysis.
A company should also ensure that its product sales representatives are educated so that they can, in
turn, educate the customer. For example, with respect to pharmaceutical and medical device
products, the representatives should be apprised of any current, relevant developments in the law or
medicine in order to advise customers about the benefits and risks associated with the product.
Companies are often involved in continuing education courses. That constitutes yet another
opportunity for a company to educate consumers about the unique benefits of its products.
Product recall is a final way in which a company can minimize its product liability exposure. If the safety
of a product is called into question by a reliable source, such as the Center for Disease Control, Food
and Drug Administration, or another governmental agency, then the company must quickly evaluate
the accuracy and reliability of the reports, and make a decision as to whether they want to remove a
product from the market. In making this decision, the company should take into account the severity of
the injuries or damage allegedly associated with their product. For example, if you have a Band-aid
product that allegedly causes an allergic reaction causing a rash from the product, then the need to
withdraw that product from the market is nowhere near as pressing as where the product has been
associated with alleged anaphylactic reaction which could result in death. It also is important to
determine whether the company has complied with all regulations. If the company is in full compliance
with all pertinent regulations, this would be considered when determining whether a product recall
should be pursued.
Product Liability and the Consumer
Inside the Minds: Product Liability Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
You can buy a FoSrcdh coaler ra,n Bdr dyraivne C iat dvoe wann dth Me osrtree eotn a tnhde sAaryt, &“T Shcisi eisn ace safe car.” However, its windows
Behind a Successful Product Liability Practice
are made of glass and glass breaks. Broken glass can cause lacerations. In addition, car doors for
by Roger E. Podesta et al. ISBN:1587622335
vehicles on the market are penetrable. A sharp object, be it a truck or some other implement, can
Aspatore Books © 2003 (216 pages)
sever the metal. Is the vehicle safe? By contrast, assume that a tank does not have glass, but rather
has very thick andFr domur aebxlaem Pinleinxgig tlahse. fTunhdea Pmleenxitgalla rso lweso no’ft lsahwayteter ra anndd la iws ytheer-refore less likely to cause
client relationships, to evaluating changes in product liability
lacerations. The doors of the theoretical tank are thicker than a standard motor vehicle, and are
legislation and addressing the need for innovation, this book
therefore less likepluyl ltso rbeea dpeersn ethtrraotuegdh, raells fualctientgs ionf ipnrjoudriuecst. lCiaebriltiatyin.ly, the tank could be viewed as the
safer vehicle. However, it is not a vehicle that anybody would want to own outside a war zone.
Table of Contents
InIns ideev atlhuea tMiningd ws—haLte aisd dinagn Pgreordouucst, Loianbei lintye eLdasw ytoe rkse—eIpn dinu smtriyn dIn tshiadte,r as so na sthoec iAertyt, we have a constant
&d Secmieanncde bfoerh pinrdo dau Scutsc ctehsastf aulr eP r"osdaufect" ,L eiafbfeilcittyiv Per,a acntidce reasonably priced. Most consumers would not want
Utnod beursyt athned itnagn Yko buer cCaliuesnet it would get poor gas mileage, you would not be able to find a parking spot, it
Pmroidguhctt cLoiasbt i$lit2y0 0D,e0fe0n0s, ea—mAopnpgly ointgh ethr ere Rausloen osf. LCaewr tNaoinwly a, nthde I nta tnhke iFsu "tsuarfeer," but it would not be the
Mvineihmicizlein ogf Pcrhoodiuccet fLoiar bmiliotys tR pisekople. As a result, product liability laws state that if a product was designed
Pfroord uac ct eDretasiing np uanrpdo tshee aLnitdig actaionn b Per oecffeescstively used for that purpose, then it is deemed to be safe and
Tehfef eScutcivcee sfsofru tlh Parto pduacrtti cLuialabril iptyu rLpaowsyee.r
The Product Liability Lawyer—Spotlight on the Defense Council
Products that are used for health or safety are ones that are more prone to a product liability suit. For
Product Liability Law—Where the Rubber Meets the Road
example, a product liability lawsuit involving a dictionary would be unlikely, unless for some reason the
Learning the Science Behind Product Liability Law
publisher learned that the dictionary was being used as a weapon on a regular basis. Then, of course,
Defending America’s Manufacturers—Challenges, Rewards and Successful
the publisher would be obligated to put a big warning on the front cover to advise customers against
Strategies
such improper use. Typically, however, products used for health or safety, or ones that are intended to
Telling the Story—The Product Liability Lawyer as a Teacher
be ingested, are more likely to be subject to product liability litigation, raising the likelihood of a larger
Teaching the Importance of Consistency
damage awards. If the product at issue is a helmet, and it is used in the manner that is reasonably
Balancing Product Innovation & Product Safety
foreseeable, but fails to effectively protect someone from incurring a head injury, there will be a
Dleafwensudiint,g a tnhde tChleie pnottential for a large monetary award.
The Role of Product Liability Law in Society
Inside the Minds: Product Liability Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
When a product lSiacbhiloitlye rc,l aBimry aisn a Csasevret eadn adb Mouotr ea opna rtthiceu lAarr tp &ro dScuicet,n oceftentimes there is a knee-jerk
Behind a Successful Product Liability Practice
reaction on the part of the public to assume that the allegation is accurate. Even though the plaintiff
by Roger E. Podesta et al. ISBN:1587622335
has the burden of proof in our system of jurisprudence, when an accusation is made it works to the
Aspatore Books © 2003 (216 pages)
advantage of the plaintiff, even if the claim lacks any factual basis. For example, when someone is
charged with a crFimroem, eevxeanm iifn tinhge yt hdeid f unnodta cmoemnmtailt rtohlaets corfi mlaew,y oetrh aenrsd ilna wthyee rc-ommunity may assume that
client relationships, to evaluating changes in product liability
the charge is credible. This assumption occurs even before opening statements are made and
legislation and addressing the need for innovation, this book
evidence is presepnutlelsd .r eTahdee rssa tmhreo uagshs uamll pfaticoentss oafr ep roofdteunct mliaabdileit yw.hen a claim is filed regarding a
product. Someone who claims that a product is defective may not have one bit of evidence, but the
Taabclceu osfa Ctioonn titesnetlsf unfortunately carries a level of credibility among the lay population.
Inside the Minds—Leading Product Liability Lawyers—Industry Insiders on the Art
&A Ssc iae ndceef ebneshein lda wa ySeurc, cIe hsasfvuel sPreoednu mct aLniayb cililtayi mPrsa wcthiciech I would describe as frivolous. I also have seen
Umndaenrys tcalnadiminsg tYhoautr a Crelie mnteritorious. Those companies which fail to pay attention to claims filed and
Pprordoudcutc Lei apbriolitdyu cDtesf ethnaset —arAep kpnlyoinwgin tghley Ruunlsea offe ,L aawre N coawll eadn dto I nta tshke i nF ulittuigraetion, as they should be. A smart
Mcinlieimnitz, ionng eP rwohdou cist Lciaobmilmityit tReidsk to making the best product they can, will take any information they glean
Pfrroodmuc at Dperosidgunc at nlida bthiliety L citliagiamtio ann Pdr oucsees ist to improve the quality of their product.
The Successful Product Liability Lawyer
There is a careful balance between the need for plaintiffs’ lawyers to ensure that companies are
The Product Liability Lawyer—Spotlight on the Defense Council
honest about their products, and develop and distribute effective and safe products. A company that is
Product Liability Law—Where the Rubber Meets the Road
trying to develop a product often has its efforts stalled, or defeated entirely, if it has to devote
Learning the Science Behind Product Liability Law
unreasonable amounts of time to defend product liability suits. Generally, however, I believe that our
Defending America’s Manufacturers—Challenges, Rewards and Successful
judicial system and laws ensure that companies make the safest and most effective products that they
Strategies
can. Plaintiffs’ lawyers’ claims prompt industries to constantly reevaluate the safety and efficacy of their
Telling the Story—The Product Liability Lawyer as a Teacher
products. As a result, we live in a society that has increasingly better and more effective products. In
Teaching the Importance of Consistency
that regard, product liability suits arguably serve a valuable societal purpose.
Balancing Product Innovation & Product Safety
Defending the Client
Recent Trends in Product Liability Law
Inside the Minds: Product Liability Lawyers: Product
Liability Chairs From Debevoise & Plimpton, Kaye
One recent trendS inc hporloedru, cBt rlyiaabnil iCtya lvaew a hnads Mbeoeren othne t fhilein gA rotf &m Sacsise tnocret litigation. Individual lawsuits
Behind a Successful Product Liability Practice
filed in multiple jurisdictions which involve allegations stemming from the use or consumption of like
by Roger E. Podesta et al. ISBN:1587622335
products are ripe for pretrial coordination in either federal or state courts, or both. Whether the
Aspatore Books © 2003 (216 pages)
allegedly defective products are bone screws, breast implants, or latex gloves, when large numbers of
lawsuits are filed,F trhoemy eaxraem wineilnl gs utihteed f ufondr apmreetnritaal l crooolersd ionfa ltaiwony.er and lawyer-
client relationships, to evaluating changes in product liability
legislation and addressing the need for innovation, this book
One of the skills that I have developed over the last several years is the ability to coordinate mass tort
pulls readers through all facets of product liability.
litigation nationally. When managing a national defense, I coordinate a team of experienced lawyers
Taabnled opfa rCaolengteanlst sto ensure that the positions taken on behalf of our client are consistent, regardless of
Inthseid eju trhised iMctiniodns —inL weahdicinhg t hPero cdauscet Lwiaabsil iftiyle Lda.wyers—Industry Insiders on the Art
& Science behind a Successful Product Liability Practice
UAnndeorthstearn tdrienngd Y ionu trh Cel ileanwt is the cap on liability awards. This development is important because juries
sometimes award damages that are completely out of step with the alleged injury. It is important to
Product Liability Defense—Applying the Rule of Law Now and In the Future
have reasonable limitations on the damages that are awarded in such situations. Certainly, plaintiffs
Minimizing Product Liability Risk
would argue that if corporations believe they will only have to pay a modest damage award, then they
Product Design and the Litigation Process
will not be financially motivated to ensure the highest product safety. However, I believe that given the
The Successful Product Liability Lawyer
volume of lawsuits that are filed (many of which may not be meritorious or are filed without adequate
The Product Liability Lawyer—Spotlight on the Defense Council
due diligence), a reasonable cap on non-economic damages is essential.
Product Liability Law—Where the Rubber Meets the Road
Learning the Science Behind Product Liability Law
Defending America’s Manufacturers—Challenges, Rewards and Successful
Strategies
Telling the Story—The Product Liability Lawyer as a Teacher
Teaching the Importance of Consistency
Balancing Product Innovation & Product Safety
Defending the Client