Product Liability: Winning Strategies and Techniques

Front Cover
Law Journal Press, 2016 M02 28 - 500 pages
"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.
 

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Contents

01
2-1
239
2-39
06
2-51
Plaintiffs Response
3-1
a Preparing for the Interview
3-2
c General Theories of Liability
3-34
CHAPTER 4
39
4 End Run Around the Reasonable
4-7
CHAPTER 8
8-1
4 Deficiencies in Warning Claims 910
9-10
Generally 1324 3
9-13
CHAPTER 10
10-1
b Jurisdictions That Determine
10-11
Preemption 1065
10-66
b CostShifting for Discovery
11-34
Putting a Value on Injuries
12-1

09
4-45
452
4-52
11
4-54
b The Answer 118 1
5-1
i Negligence Actions
5-7
c Effect of Settlement on Right
5-67
CHAPTER 6
6-1
3 DemurrersMotion to StrikeJudgment
6-3
Pretrial Use of Experts
7-1
512
12-5
ii Gathering Evidence 1211
12-11
516
12-22
h Property Damage Economic
12-25
3 Developing Damages Theories 1232
12-32
i The Physical Injury
12-36
CHAPTER 13
13-13
Index
1-1
Copyright

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About the author (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.

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