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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 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- http://www.Aspatore.com 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), Inasnidde o tthhee rM leinaddsi—ngL ecaodminpga Pnrioedsu octf Lailal bsiilziteys L. aBwyy feorcsu—sIinndgu osntr yp uInbsliisdheirnsg o onn tlhye C A-rLtevel executives, Aspatore & Science behind a Successful Product Liability Practice provides professionals of all levels with proven business intelligence from industry insiders, rather than Urnedlyeirnsgta onnd itnhge Y konuorw Clleiedngte of unknown authors and analysts. Aspatore Books is committed to publishing Paro hdiugcht lyL iianbniloitvya Dtiveefe lninsee— oAf pbpulsyiinnegs tsh eb oRoukles ,o rfe Ldaewfi nNionwg aanndd Ienx pthaen dFiuntgu rtehe meaning of such books as Minindimispizeinngs aPbroled urcets Loiuarbcileitsy fRoirs kprofessionals of all levels. In addition to individual best-selling business Ptriotldeusc, tA Dsepsaigtonr ea nBdo tohkes Lpituigbalitsiohne sP rtohcee fsosllowing unique lines of business books: Inside the Minds, TBheu sSinueccsess sBfiubll ePsro, dBuigctw Ligia Bbirliiteyf sL,a Cw-yLeervel Business Review (Quarterly), Book Binders, ExecRecs, and TTheh eP rCo-dLuecvt eLli aTbeilsitty, iLnanwoyveart—iveS proetslioguhrtc oens tfhoer aDlel fpernosfee sCsoiounncaills. Aspatore is a privately held company Phroedaudcqt uLaiarbteilriteyd L ianw B—oWsthoenr,e M tahes sRaucbhbuesre Mttes,e tws itthh ee mRopaldoyees around the world. 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. DEefaecnhd ianugt hthoer hCaliesn bteen carefully chosen through an exhaustive selection process by the Inside the Minds editorial board to write a chapter for this book. Inside the Minds was conceived in order to give readers actual insights into the leading minds of business executives worldwide. Because so few books or other publications are actually written by executives in industry, Inside the Minds presents an unprecedented look at various industries and professions never before available. Published by Aspatore, Inc. For corrections, company/title updates, comments or any other inquiries please email [email protected]. First Printing, 2003 10 9 8 7 6 5 4 3 2 1 Copyright © 2003 by Aspatore, Inc. All rights reserved. Printed in the United States of America. No part of this publication may be reproduced or distributed in any form or by any means, or stored in a database or retrieval system, except as permitted under Sections 107 or 108 of the United States Copyright Act, without prior written permission of the publisher. ISBN 1-58762-233-5 Inside the Minds Managing Editor, Carolyn Murphy, Edited by Michaela Falls, Proofread by Alaina Mauro, Cover design by Scott Rattray & Ian Mazie Material in this book is for educational purposes only. This book is sold with the understanding that neither any of the authors or the publisher is engaged in rendering medical, legal, accounting, investment, or any other professional service. For legal advice, please consult your personal lawyer. This book is printed on acid free paper. A special thanks to all the individuals who made this book possible. The views expressed by the individuals in this book (or the individuals on the cover) do not necessarily reflect the views shared by the companies they are employed by (or the companies mentioned in this book). The companies referenced may not be the same company that the individual works for since the publishing of this book. 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
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