Product Liability: Winning Strategies and Techniques

Forside
Law Journal Press, 28. feb. 2016 - 500 sider
"An excellent comprehensive guide for the products liability practitioner ... a must for every litigator's law library." -- Richard J. Phelan, Past President of the Cook County Board of Commissioners, Chicago
Product Liability analyzes both the theory and practice of products liability litigation, whether the issue is asbestos, automobiles, food, drugs, chemicals, household products, or any of the hundreds of other products that may be the subject of litigation.

Attorneys for both plaintiffs and defendants will find comprehensive coverage of such matters as: the advantages and disadvantages of suits based on strict liability, negligence and breach of warranty; the use of state consumer protection statutes; the duty to warn and its innumerable ramifications; the liability of the manufacturers, retailers and other potential defendants in the distribution chain; successor liability; federal preemption of common law claims; monitoring product safety during design, manufacturing and distribution; causation theories in actions involving multiple manufacturers; product misuse and alteration; the elements of proof needed in an action; recovery for economic loss; punitive damages; and the government contractor defense. Product Liability also discusses pretrial and trial practice, including developing strategies for the trial or settlement of a case, class actions, jury selection, the opening statement, direct and cross-examination of witnesses, documentary and demonstrative evidence, summation, and jury instructions.

Inni boken

 

Utvalgte sider

Innhold

01
2-1
215
2-15
Redefining
2-22
04
2-38
05
2-44
06
2-51
Plaintiffs Response
3-1
02
3-11
626
6-26
07
6-69
10
6-76
Pretrial Use of Experts
7-1
8 01
8-1
Factors
8-2
03
8-13
Streamlining the Case
9-1

Control Versus Support
3-39
Design Defect
39
420
4-18
Alternative Design Factor
4-7
CHAPTER 5
5-1
06
5-2
ii Strict Liability Actions
5-7
HDD
5-13
04
5-31
561
5-61
5 09
5-72
05
6-1
02
6-3
03
6-10
b Whether Manufacturer Had
9-13
06
9-36
CHAPTER 10
10-1
CHAPTER 11
11-1
04
11-2
c Sanctions for Spoliation
11-37
Putting a Value on Injuries
12-1
03
12-45
CHAPTER 13
12-55
2 Settlement without Litigation
13-9
05
13-24
06
13-28
Index
1-1
Opphavsrett

Vanlige uttrykk og setninger

10th Cir 2d Cir 5th Cir accident applying asbestos attorney breast implants California causation cause of action cert client Code Ann conduct consumer expectation test cost counsel Daubert defendant defendant's denied design defect determine discovery doctrine documents duty to warn e-mail Eighth Circuit electronic Electronic Discovery employees expert testimony fact factors failure to warn federal Fifth Circuit files foreseeable harm involving issue jurisdictions jury Law Journal lawyer Litigation manufacturer manufacturer's medical devices Merrell Dow Pharmaceuticals Motors Corp negligence Ohio party Pharmaceuticals plaintiff preempted prod Products Liability proof prove punitive damages reasonable alternative design recovery relevant Restatement Second Restatement Third risk risk-utility Rptr Rptr.2d Rule S.Ct safety scientific Second Circuit settlement Seventh Circuit Spoliation of Evidence standard Stat statute strict liability sumer summary judgment Supp Supp.2d supra theory Third Circuit tion Torts trial warranty Westlaw

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Om forfatteren (2016)

Richard J. Heafey teaches legal ethics at the University of San Francisco Law School. He was previously Counsel in the Oakland, California office of Reed Smith LLP. His practice covered all aspects of personal injury litigation, with an emphasis on representing defendants in the areas of medical malpractice, public entity liability, and product liability, including drugs and medical devices. Mr. Heafey is a former co-chairman of the ABA Subcommittee of Attorney-Client Privilege and Work Product and he has written and lectured widely on product liability. Don M. Kennedy is a partner in the firm of Goodwin, Procter & Hoar LLP with offices in Boston, Massachusetts, Washington D.C. and Albany, New York. He concentrates on the defense of product liability litigation and securities fraud litigation, representing manufactures of Prescription pharmaceuticals, medical devices, asbestos products, chemicals and industrial equipment. A member of the Steering Committee of the Drug and Medical Device Litigation Section of the Defense Research Institute, he has written and lectured frequently on the subject of product liability defense and risk prevention techniques.

Bibliografisk informasjon

TittelProduct Liability: Winning Strategies and Techniques
Litigation Series
ForfattereRichard J. Heafey, Don M. Kennedy
Utgaverevidert
UtgiverLaw Journal Press, 2016
ISBN1588520676, 9781588520678
Lengde500 sider
  
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