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Author: Mark Herrmann Publisher: Oxford University Press ISBN: 0199750246 Category : Law Languages : en Pages : 539
Book Description
Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.
Author: Mark Herrmann Publisher: Oxford University Press ISBN: 0199750246 Category : Law Languages : en Pages : 539
Book Description
Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.
Author: Terrence F. Kiely Publisher: CRC Press ISBN: 1420042610 Category : Law Languages : en Pages : 482
Book Description
The question "what is science" has been one of the most vigorously contested legal questions as to what is legally acceptable scientific foundation for the submission of expert opinion in a wide variety of cases, especially in products liability cases. The answer usually lies in the outcomes of past cases as well as objective scientific literature.
Author: Mark Herrmann Publisher: Oxford University Press, USA ISBN: 0199734941 Category : Law Languages : en Pages : 539
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: John S. Allee Publisher: Law Journal Press ISBN: 9781588520265 Category : Law Languages : en Pages : 1216
Book Description
This book analyzes the theory and practice of products liability litigation, whether the issue is drugs, food, chemicals, or any of the 100s of other products that may be the subject of litigation.
Author: Richard J. Heafey Publisher: Law Journal Press ISBN: 9781588520678 Category : Products liability Languages : en Pages : 906
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: James Beck Publisher: Law Journal Press ISBN: 9781588521217 Category : Actions and defenses Languages : en Pages : 982
Book Description
This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Author: Randall L. Goodden Publisher: John Wiley & Sons ISBN: 0470177977 Category : Technology & Engineering Languages : en Pages : 394
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: Bradley D. Remick Publisher: Legal Intelligencer ISBN: 9781628814248 Category : Products liability Languages : en Pages : 0
Book Description
A comprehensive review of Pennsylvania products liability law. This area of law has undergone dramatic changes in recent years with the federal and state courts in Pennsylvania split between the application of the Second and Third Restatements. Pennsylvania Products Liability offers analysis from the point of view of a trial attorney practicing in this increasingly complex area. Includes a chapter on the history and holding of Tincher v. Omega Flax, Inc. and provides guidance for practitioners on new standards. Content includes: The Rise and Fall of The Second Restatement of Torts The Rise of Restatement (Third) of Torts The Restatements in Practice Strict Liability Concepts Breach of Warranty Negligence Manufacturing and Design Defects Warning Defects Damages Punitive Damages Indemnity, Contribution and Apportionment Damages Jurisdiction, Venue and Related Principles Discovery Process Evidence in Products Liability Litigation Expert Evidence and Products Liability Automotive Product Liability Law Federal Preemption and Products Liability Litigation Food, Drugs and Medical Devices Recalls History of Products Liability Law
Author: Mark Geistfeld Publisher: Aspen Publishing ISBN: 1543820670 Category : Law Languages : en Pages : 800
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.
Author: Mark Herrmann
Author: Mark Herrmann
Author: Terrence F. Kiely
Author: Mark Herrmann
Author: John S. Allee
Author: Richard J. Heafey
Author: James Beck
Author: Randall L. Goodden
Author: Bradley D. Remick
Author: 
Author: Mark Geistfeld