Minimizing Product Liability Litigation PDF Download

Author: Aspatore Books
Publisher:
ISBN: 9781587624506
Category : Law
Languages : en
Pages : 76

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Book Description
Inside the Minds: Minimizing Product Liability Litigation is an indispensable guide for executives and attorneys seeking detailed tactics for protecting themselves against what can often be costly and time-consuming legal battles in the realm of product liability. Featuring partners and chairs representing some of the nation's top law firms, this book provides a broad, yet comprehensive overview of the most important issues surrounding litigation for product liability lawyers and their corporate clients. With background information on today's litigation climate and significant product liability laws, authors stress the importance of proactive strategies and extensive in-house preparation from both a legal and business approach. From creating sufficient product warnings to internal document control, whether handling international litigation or settling a class action suit, these experts offer proven strategies for helping companies deflect their largest liabilities. About Inside the Minds: Inside the Minds provides readers with proven business intelligence from C-Level executives (Chairman, CEO, CFO, CMO, Partner) from the world's most respected companies nationwide, rather than third-party accounts from unknown authors and analysts. Each chapter is comparable to an essay/thought leadership piece and is a future-oriented look at where an industry, profession or topic is headed and the most important issues for the future. Through an exhaustive selection process, each author was hand-picked by the Inside the Minds editorial board to author a chapter for this book.This book is by: Robert C. Weber – Chair, Products Liability & Mass Tort Group – Jones Day – “Steps to Minimize Your Product Liability Exposure”; Sean P. Wajert, Chair, Products Liability & Mass Torts Group, Dechert LLP – “The Importance of Initial Decision-Making”; Stephanie A. Scharf, Partner & Co-Chair, Products Liability & Mass Tort Defense – Jenner & Block LLP – “A Business Approach to Minimizing Product Liability Litigation”; L. Neil Ellis, Jr., Partner, Hunton & Williams – “The Rules of Liability Law”; Patricia G. Butler, Partner, Howrey Simon Arnold & White, LLP – “Early Assessment to Avoid Litigation.”

Author: J. Wilson McCallister
Publisher:
ISBN: 9781596223912
Category : Law
Languages : en
Pages : 320

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Book Description
In today's litigation environment manufacturers must systematically manage their product liability risks. This requires that product managers and corporate decision-makers take as much interest in managing the company's product liability as they do in their initiatives to increase shareholder value. They simply cannot sit back and criticize the system while relying on past practices and antiquated legal principles. That's a recipe for disaster. Corporate executives must understand that shareholder value means little if the company is forced into bankruptcy by product litigation. Society today demands more from manufacturers than it did just a few decades ago. A systematic approach to managing product liability risks, therefore, begins with an appreciation of the legal principles under which products are judged, and an acceptance of the fact that the rules will continue to change to meet consumer expectations. Corporate managers cannot be surprised by the civil justice system. They must understand the system and design and distribute products that conform to its requirements. In this book the authors provide corporate managers with a comprehensive look at current and developing trends in product liability law and offers practical suggestions on how to minimize the risks of litigation as product liability law continues to expand. Co-authored by David H. Canter, Partner, Harrington Foxx Dubrow & Canter Llp, and J. Wilson McCallister, this book provides unique insight into the exposure of a corporation to product liability litigation and offers the benefit of the authors' experience to managing this risk. This book offers unique insights from in-house to outside counsel, producing advice that is workable from both sides of the practice. J. Wilson McCallister was with Deere & Company in its law department for 25 years. As Associate General Counsel, he managed Deere's product litigation, early dispute resolution program and special litigation throughout the United States. David Canter, a senior partner at the Los Angeles firm of Harrington, Foxx, Dubrow & Canter has defended corporations in products liability litigation for 40 years. He has defended corporations in litigation in 17 state and federal courts and thus has gained wide nationwide experience. Chapters include: 1.) Product Liability: The Legal Context and Trends2.) A Systematic Approach to Managing Product Liability Exposure and Litigation3.) A First Step: Designing to Reduce Product Accidents and Injuries4.) The Importance of Proper Selection and Use of Expert Witnesses5.) Striving To Be the Best Pays Off6.) The Effective Use of Legal Counsel7.) Early Claims Resolution Makes Sense: A Strategy8.) Alternate Dispute Resolution is Cost Effective: A Strategy9.) Document Retention Policy: How to Stay Out of Trouble with the Courts and Juries10.) The Trial: It's Non-Controllable Risks and Possible Wins and Losses

Author: Randall L. Goodden
Publisher: John Wiley & Sons
ISBN: 0470177977
Category : Technology & Engineering
Languages : en
Pages : 394

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Book Description
Addressing product liability concerns and laws both in the U.S. and internationally, this book helps manufacturers and engineers develop and implement proactive processes that can reduce liability concerns and potential lawsuits. It discusses preventive measures in the engineering, development, and manufacturing of products and explains the procedures and processes manufacturers must have in place to reduce the likelihood of liability as well as to provide the best defense in case of a lawsuit. This is a premier resource for engineers, manufacturers, risk managers, and others concerned about product liability.

Author: National Academy of Engineering
Publisher: National Academies Press
ISBN: 0309051304
Category : Technology & Engineering
Languages : en
Pages : 214

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Book Description
Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.

Author: Tom Taormina
Publisher: Lawyers & Judges Publishing
ISBN: 9781936360000
Category : Products liability
Languages : en
Pages : 0

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Book Description

Author: Aspatore Books Staff
Publisher:
ISBN: 9781280355448
Category :
Languages : en
Pages : 0

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Book Description
Scharf, Partner & Co-Chair, Products Liability & Mass Tort Defense - Jenner & Block LLP - "A Business Approach to Minimizing Product Liability Litigation"; L. Neil Ellis, Jr., Partner, Hunton & Williams - "The Rules of Liability Law"; Patricia G. Butler, Partner, Howrey Simon Arnold & White, LLP - "Early Assessment to Avoid Litigation."

Author: United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Consumer Protection, and Competitiveness
Publisher:
ISBN:
Category : Liability insurance
Languages : en
Pages : 556

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Book Description

Author: Richard J. Heafey
Publisher: Law Journal Press
ISBN: 9781588520678
Category : Products liability
Languages : en
Pages : 906

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Book Description
From the initial client interview through every step in building the case, this book provides hundreds of valuable ideas and tactics from the perspective of both plaintiffs' and defendants' counsel.

Author: Mark Herrmann
Publisher: Oxford University Press, USA
ISBN: 0199734941
Category : Law
Languages : en
Pages : 539

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Book Description
In Drug and Device Product Liability Litigation Strategy, Mark Herrmann and David B. Alden provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices.

Author: Mark Geistfeld
Publisher: Aspen Publishing
ISBN: 1543820670
Category : Law
Languages : en
Pages : 800

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Book Description
Products Liability Law, Second Edition, by prolific tort scholar Mark Geistfeld, represents the “next generation” of casebooks on products liability. Earlier texts focused on the relative merits of strict liability and negligence, embodied in the apparently competing liability frameworks of the consumer expectations test in the Restatement (Second) of Torts and the risk-utility test in the Restatement (Third) of Torts. The majority of courts, however, have incorporated the risk-utility test into the framework of consumer expectations. By providing balanced coverage of both consumer expectations and the risk-utility test, the casebook keeps pace with ongoing developments in the case law and moves beyond the battles that largely defined products liability in the twentieth century. In addition to teaching students how liability rules protect consumer expectations via comprehensive application of the risk-utility test, this innovative casebook underscores the importance of doctrinal history, the psychology of evaluating product risks, and the role of products liability in the modern regulatory state. Students will learn how courts have applied established doctrines to novel problems ranging from the relevance of scientific evidence in toxic-tort cases to the distribution of defective products on the Amazon online marketplace. To further illustrate this dynamic, the casebook has twenty-nine problems with associated analysis involving the liability issues likely to be raised by the emerging technology of autonomous vehicles. Finally, the casebook reinforces students’ knowledge of fundamental tort principles while developing specialized expertise and a deeper understanding of the torts process. New to the Second Edition: A dozen new main cases updating older case law, providing coverage of new issues not addressed in the First Edition, and/or improving upon the analysis provided by the associated case in the First Edition Retention of the majority of main cases from the first edition, with revisions to the ensuing notes incorporating relevant case law developments A reorganized and updated chapter covering the controversy over the relative merits of the consumer expectations and risk-utility tests Comprehensive discussion of the tort version of the implied warranty—the genesis of the consumer expectations test—and its relation to product malfunctions and the risk-utility test A new chapter addressing the existence of the tort duty and identifying the difference between patent dangers and patent defects Reorganization of the chapter on factual causation, emphasizing the continuity of evidentiary problems running across different types of cases, ranging from the heeding presumption in warning cases, to market-share liability, to proof of both general and specific causation in toxic-tort cases Professors and students will benefit from: Classroom-tested materials taught for over 20 years by an award-winning professor Interesting cases that illustrate both the traditional and contemporary character of products liability litigation; cases are followed by extensive notes Each chapter addressing doctrinal issues concludes with problems on autonomous vehicles. The full set of 29 problems provides students with the necessary background for understanding liability issues posed by this emerging technology. Each problem is followed by the author’s analysis of the associated issues, cross-referenced to the relevant casebook material.