PRODUCT LIABILITY October 2011
|
|
- Eunice Crawford
- 8 years ago
- Views:
Transcription
1 I suggest the following simple ten ways to avoid malpractice in litigation: q PRODUCT LIABILITY October 2011 IN THIS ISSUE The authors offer practical advice for small manufacturers counsel in product liability litigation. Small Manufacturers Face Big Problems: When an Employee Wears Too Many Hats in Products Liability Litigation ABOUT THE AUTHORS Robert W. Trumble is the Vice President and a member of the Executive Committee with the law firm of McNeer, Highland, McMunn and Varner, L.C. As the managing director of the firm s Martinsburg, West Virginia office, Mr. Trumble s primary practice areas are insurance defense litigation and business law. In addition, Mr. Trumble serves as a Chapter 7 Panel Trustee for the United States Bankruptcy Court for the Northern District of West Virginia and is a Municipal Court Judge. He can be reached at rwtrumble@wvlawyers.com. Jonathan L. Wertman is an associate with McNeer, Highland, McMunn and Varner, L.C. Also operating out of the firm s Martinsburg office, his practice is focused primarily on insurance defense and general litigation. He can be reached at jwertman@wvlawyers.com. Jeffrey D. Van Volkenburg is an associate with McNeer, Highland, McMunn and Varner, L.C., who practices in the areas of insurance defense, insurance coverage and toxic torts, in the firm s Clarksburg, West Virginia headquarters. He can be reached at jdvanvolkenburg@wvlawyers.com. ABOUT THE COMMITTEE The Product Liability Committee serves all members who defend manufacturers, product sellers and product designers. Committee members publish newsletters and Journal articles and present educational seminars for the IADC membership at large and mini-seminars for the committee membership. Opportunities for networking and business referral are plentiful. With one listserv message post, members can obtain information on experts from the entire Committee membership. Learn more about the Committee at To contribute a newsletter article, contact: Mollie Benedict Vice Chair of Newsletters Tucker, Ellis & West, LLP (213) mollie.benedict@tuckerellis.com The serves a distinguished, invitation-only membership of corporate and insurance defense lawyers. The IADC dedicates itself to enhancing the development of skills, professionalism and camaraderie in the practice of law in order to serve and benefit the civil justice system, the legal profession, society and our members.
2 - 2 - If there is anything that I have learned from my years in the tech world, it s that companies don t get killed by the competition. They usually find creative ways to commit suicide. -Sridhar Vembu, CEO of Zoho, BusinessNewsDaily, August The world of products liability defense work has historically been geared towards the defense of large manufacturers, with large research and development staffs and a multitude of executives, with clearly defined roles within the company. In today s manufacturing environment, a practitioner must not only be prepared to provide services to the large multi-national manufacturer, but also the smaller manufacturer. While the challenges of representing large, multinational corporations are relatively wellknown, the challenges of representing smaller manufacturers can be more difficult to easily discern. With the proliferation of self-insured insurance policies that do not trigger coverage until a certain threshold is reached, the client may be looking to limit costs and expenses if the claim is minor. This can create a recipe that is fraught with peril. Due to their inherent limitations, many small manufacturers are required to utilize one individual to handle multiple responsibilities. It may be commonplace for one person to be an integral part of, and be involved in, multiple facets of the business s day-to-day operations. Often, the very person who organized the business may simultaneously act as its CEO, COO and CFO; or the President may be his or her sole employee, literally in charge of every aspect of the company. The small manufacturer, although perhaps needing more than just one person to handle the production and manufacturing, may nevertheless rely on just a handful of people to run the business side of the company. This means that officers and/or employees of the small manufacture may be required to wear many hats. These arrangements, borne of necessity, may often be favorable to a small business s economic plan. In the context of litigation, however, this can create several dangerous possibilities. It is not hard to imagine the following scenario: Employee A has worked for his company for almost twenty years and, during that time, has assumed more responsibility as he or she has become more familiar with the operations of the company. During this time period, Employee A has worked in multiple areas of the company including design and safety, testing and even work on pending litigation, wherein he or she examines pieces of equipment that are alleged to have malfunctioned. Because of his or her experience in a multitude of areas in the company, Employee A has often been utilized and designated as a Rule 30(b)(6) deponent and testified concerning a multitude of different areas. Because of Employee A s expertise, the company has also used him or her to examine equipment that has malfunctioned, thereby beginning the process of handling potential claims that may lead to formal litigation. Let s also presuppose that for minor claims, the company has designated our Employee A as an expert in litigation in an effort to limit expenses and because of his or her base of knowledge in the given area of manufacturing that is at issue in the litigation. If the company becomes involved in formal litigation, it is not difficult to imagine a scenario where plaintiffs counsel will want to depose the individual in charge of design or testing, in addition to the expert designated by the company. Under this set of facts, it is not difficult to imagine a plaintiff s attorney being able to tie up the company s expert testimony with the testimony offered by the
3 - 3 - head of testing and design... which is the same person. A simple question is likely all it would take: How can you testify as an unbiased expert when you are also the individual that is the head of testing and design, and thereby potentially at fault if there is something wrong with the product? Simply stated, plaintiff s counsel has just been able to label your company s most valuable employee as the Judge, Jury and Executioner for the injured plaintiff. When this is taken in conjunction with the likelihood of a competent plaintiff s attorney finding old deposition transcripts of Employee A acting as the Rule 30(b)(6) deponent, you have run the risk of turning a potentially small claim into a much larger one and opening your client to potential punitive exposure based upon inconsistencies that will inevitably be located. By virtue of a company using one individual to act in several different capacities, the company may also become subject to broad and sweeping discovery, which would ordinarily be prohibited. For example, under the new revisions to Rule 26 of the Federal Rules of Civil Procedure, which prohibit disclosure of certain information exchanged between client and expert or attorney and expert, would it be possible for plaintiff s counsel to discover information from Employee A in his role as a 30(b)(6) deponent? Would Employee A, acting as an expert, be forced to divulge information regarding his or her previous investigations of the company s product s defects? When it came time to testify as the corporate representative, is Employee A permitted to testify that the company had no knowledge of the potential defects of the product at issue? Whether or not it would ultimately be admissible at trial, evidence of prior accidents and previous litigation may become open to discovery, thereby hampering the company s defense and bargaining position. What might otherwise have reasonably been withheld as work product prepared in anticipation of litigation would likely become subject to disclosure, as Employee A s knowledge of those facts and personal involvement in the investigation could not be withheld once he or she was disclosed as the expert and designated as the company s 30(b)(6) corporate representative. Finally, the overlap of our exemplary employee s duties could give the appearance of bias at trial, which would dilute his or her credibility as an expert and a witness, in general. For the very reason that defense counsel often seeks the assistance of a disinterested physician to perform an independent medical examination, it is welladvised to look outside of the office to find an expert to testify on a company s behalf. Although an independent expert who tests the allegedly defective product is always subject to cross-examination, his or her ability to diffuse and differentiate other claims can be much more effective without the baggage of being the company s safety director, claims investigator, designated expert and 30(b)(6) representative, for example. Frankly, regardless of how competent Employee A may be, or how accurate his or her expert opinions are, his or her testimony will always be challenged and perceived as less credible due to his or her integral involvement with the company and the product. The issue then becomes: what can defense counsel do to minimize these types of situations when representing the smaller manufacturer? Similar to all types of litigation, if you are working with a new client, an early case assessment and evaluation of the company is critical to setting up the defense best able to insulate your client from the types of problems previously described. Find out the litigation history of the client. Find out what individuals have historically been subject to
4 - 4 - deposition in other litigation and what roles they filled within the context of past litigation. Find out what the company s claims- handling process has been like in the past and what records the company has in its possession. Finally, determine who the likely deponents are from your client s company. Specifically, what individuals may be involved in the design or manufacture of the specific product at issue? What you are doing is creating a road-map of the litigation, which will require you to think like a plaintiff s attorney to determine what information is needed to prove plaintiff s case. Once that information has been finalized, you can begin to formulate your defense. While the cost of outside experts can be prohibitive, the danger of trying to save money in litigation may end in disaster and affect your client, not only in the pending litigation, but also in subsequent claims and cases that they are forced to defend. This long-range thinking and planning can be difficult for a client to rationalize when looking at its short-term bottom line, but if the message and dangers are effectively conveyed to your client, they should be happy to eliminate future headaches. While the above hypothetical represents just one example, the lesson for small manufacturers is clear. Beware of utilizing the same employee to wear multiple hats in products liability litigation. The temptation to do so, given its economic benefits and logical advantages, must be balanced against the danger it poses to small manufacturers subject to products liability claims. In doing so, small manufacturers can undoubtedly increase their chances of success in litigation, limit their liability and continue to be innovative producers in a challenging marketplace. With challenges from business competitors always on the horizon, manufacturers need to make sure that they do not have internal procedures which could be fatal to long term success.
5 - 5 - PAST COMMITTEE NEWSLETTERS Visit the Committee s newsletter archive online at to read other articles published by the Committee. Prior articles include: SEPTEMBER 2011 An Ounce of Prevention Michael D. Crim and Jeffrey D. Van Volkenburg AUGUST 2011 Put Up Your Dukes: Using Recent Supreme Court Decision to Defend against Class Actions in a Products Case Christopher B. Parkerson JULY 2011 Tennessee Legislature Update: Tennessee Civil Justice Act of 2011 Lela M. Hollabaugh MAY 2011 What s in a Name? Possibly, Strict Liability as an Apparent Manufacturer Erin K. Higgins APRIL 2011 Supreme Court to Readdress Stream of Commerce Theory of Personal Jurisdiction Jonathan A. Berkelhammer APRIL 2011 Special Edition! To the Woman Sitting at Counsel Table I Want to Hear from You Marie Chafe and Stephanie Rippee MARCH 2011 Using Product Models to Define Substantially Similar for Purposes of Discovery Lee H. Ayres and Sarah E. Smith FEBRUARY 2011 The CPSC s Consumer Database Officially Launches in March 2011: Are Your Clients Ready? Leta E. Gorman and Lisa Grimm JANUARY 2011 Canada s New Consumer Product Legislation: A Shield or a Sword? Peter J. Pliszka and Richard D. Butler DECEMBER 2010 Did We Settle this Case or Not? Don t Risk Letting the Court Decide Stephanie M. Rippee
PRODUCT LIABILITY December 2011
I suggest the following simple ten ways to avoid malpractice in litigation: q PRODUCT LIABILITY December 2011 IN THIS ISSUE The authors discuss the four recent decisions that impact product liability litigation
More informationThe Effect of Product Safety Regulatory Compliance
PRODUCT LIABILITY Product Liability Litigation The Effect of Product Safety Regulatory Compliance By Kenneth Ross Product liability litigation and product safety regulatory activities in the U.S. and elsewhere
More informationCONSTRUCTION LAW AND LITIGATION May 2012
I suggest the following simple ten ways to avoid malpractice in litigation: CONSTRUCTION LAW AND LITIGATION May 2012 IN THIS ISSUE Lawrence J. West gives us a Top 15 List for Preparing the Expert Witness
More informationTHE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS
THE DEFENSE LAWYER S TOOL KIT FOR WORKING WITH MEDICAL EXPERTS ABA Tort Trial & Insurance Practice Section Medicine and Law Committee Annual Meeting August 1, 2009 Jessie L. Harris Williams Kastner 601
More informationThe Defense Lawyer s Tool Kit For Working With Medical Experts
The Defense Lawyer s Tool Kit For Working With Medical Experts Jessie L. Harris You may have to play catch-up, but you can play it to win. Jessie L. Harris is a trial lawyer and Member in the Seattle office
More informationEffective Use of Experts. Litigating the Medical Malpractice Claim Ontario Bar Association
Introduction Effective Use of Experts By: Peter Kryworuk & Tyler Kaczmarczyk Lerners LLP Litigating the Medical Malpractice Claim Ontario Bar Association April 29, 2013 The importance of expert opinion
More informationPROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE
PROFESSIONAL NEGLIGENCE ACTIONS EFFECTIVE EXPERT OPINION EVIDENCE ) - \ These materials were prepared by Jeffrey Scott of.jeffreyd. Scott Legal Professional Corporation,. Regina, Saskatch13wan for the
More informationReflections on Ethical Issues In the Tripartite Relationship
Reflections on Ethical Issues In the Tripartite Relationship [click] By Bruce A. Campbell 1 Introduction In most areas of the practice of law, there are a number of ethical issues that arise on a frequent
More informationVETTING THE EXPERT---YOURS AND THEIRS
VETTING THE EXPERT---YOURS AND THEIRS Too often an attorney will retain an expert on the advice of another attorney or based on a limited amount of time spent searching for the expert. The most important
More informationColorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation
Colorado s Civil Access Pilot Project and the Changing Landscape of Business Litigation On January 1, 2012, new rules approved by the Colorado Supreme Court entitled the Civil Access Pilot Project ( CAPP
More informationPRODUCT LIABILITY December 2008
I suggest the following simple ten ways to avoid malpractice in litigation: PRODUCT LIABILITY December 2008 IN THIS ISSUE Creighton Magid and Joseph Perkovich depart from the usual discussion of substantive
More informationNine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case
Nine Question You Should Always Ask Every Lawyer You Interview in a Personal Injury or Wrongful Death Case Here are 9 questions you should ask EVERY lawyer you interview to represent you in a personal
More informationTORT AND INSURANCE LAW REPORTER. Informal Discovery Interviews Between Defense Attorneys and Plaintiff's Treating Physicians
This article originally appeared in The Colorado Lawyer, Vol. 25, No. 26, June 1996. by Jeffrey R. Pilkington TORT AND INSURANCE LAW REPORTER Informal Discovery Interviews Between Defense Attorneys and
More informationWorking with the Physician s Counsel in Defending Off-Label Use Litigation
Working with the Physician s Counsel in Defending Off-Label Use Litigation By Gerald P. Schneeweis Morris Polich & Purdy LLP Working with the Physician s Counsel in Defending Off-Label Use Litigation By
More informationTHOMAS W. WILLIAMSON, JR.
THOMAS W. WILLIAMSON, JR. Tom is a graduate of Virginia Military Institute and from T. C. Williams School of Law, University of Richmond and a member of the law firm of Williamson Law LC, Richmond, Virginia.
More informationCardelli Lanfear P.C.
Michigan Prepared by Cardelli Lanfear P.C. 322 West Lincoln Royal Oak, MI 48067 Tel: 248.850.2179 Fax: 248.544.1191 1. Introduction History of Tort Reform in Michigan Michigan was one of the first states
More informationHOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to
HOW TO FIND, INTERVIEW AND HIRE A PERSONAL INJURY OR WRONGFUL DEATH LAWYER- Nine Questions Every Client Needs to Ask (and the answers they need to hear!) Introduction The "perfect" personal injury and
More informationHP0868, LD 1187, item 1, 123rd Maine State Legislature An Act To Recoup Health Care Funds through the Maine False Claims Act
PLEASE NOTE: Legislative Information cannot perform research, provide legal advice, or interpret Maine law. For legal assistance, please contact a qualified attorney. Be it enacted by the People of the
More informationCURRICULUM VITAE ROBERT J. NAPLETON
CURRICULUM VITAE ROBERT J. NAPLETON Firm: MOTHERWAY & NAPLETON, LLP 140 South Dearborn Street Suite 1500 60603 (312) 726-2699 Fax: (312) 726-6851 E-Mail: bnapleton@mnlawoffice.com Firm Website: www.mnlawoffice.com
More informationAbout the Author Federal Jurisdiction Reform
About the Author Federal Jurisdiction Reform Two Modest Proposals We begin by stating the obvious: Whether a case is litigated in federal court rather than state court can have a huge impact on both litigation
More informationACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND
ACCIDENT INVESTIGATION GUIDELINES WITH LITIGATION IN MIND Introduction The purpose of this paper is to alert the reader to concepts used in the defense of construction related lawsuits and to suggest how
More informationMedical Malpractice Reform
Medical Malpractice Reform 49 This Act to contains a clause wherein the state legislature asks the state Supreme Court to require a plaintiff filing a medical liability claim to include a certificate of
More informationDrafting the Joint Defense Agreement
Drafting the Joint Defense Agreement (with Sample Provisions) Daralyn J. Durie Joint defense agreements have some obvious advantages, but some not-so-obvious disadvantages. If you plan to enter into one,
More informationThe Foundation of the International Association of Defense Counsel SURVEY OF INTERNATIONAL LITIGATION PROCEDURES: A REFERENCE GUIDE
Responses submitted by: Name: Roddy Bourke Law Firm/Company: McCann FitzGerald Location: Dublin, Ireland 1. Would your jurisdiction be described as a common law or civil code jurisdiction? The Republic
More informationw: www.iadclaw.org p: 312.368.1494 f: 312.368.1854 e: mdannevik@iadclaw.org
I suggest the following simple ten ways to avoid malpractice in litigation: q PRODUCT LIABILITY December 2010 IN THIS ISSUE The author reviews the importance of documenting settlement terms in writing
More informationInjury Case Roadmap. The Legal Process For Personal Injury Cases. By Christopher M. Davis, Attorney at Law
Injury Case Roadmap The Legal Process For Personal Injury Cases By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group,
More informationTitle: The Ins and Outs of Expert Disclosure under California Code of Civil Procedure 2034 Issue: March Year: 2002 The Ins and Outs of Expert
Title: The Ins and Outs of Expert Disclosure under California Code of Civil Procedure 2034 Issue: March Year: 2002 The Ins and Outs of Expert Disclosure under California Code of Civil Procedure 2034 Morgan
More informationMaking Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq.
Making Sure The Left Hand Knows What The Right Hand Is Doing Representing Health Care Providers In Medical Negligence Cases by: Troy J. Crotts, Esq. Florida Continues as National Leader in Disciplinary
More informationQuestion 5. After the trial, Attorney sent a $500 gift certificate to Doctor, with a note thanking her for recommending that Peter call him.
Question 5 Attorney mailed a professional announcement to several local physicians, listing his name and address and his area of law practice as personal injury. Doctor received Attorney s announcement
More informationWhat Happens Next? By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group. Tel: 619-233-5020 Toll Free: 888-233-5020 contact@jurewitz.
What Happens Next? The Legal Process Roadmap for Personal Injury Cases By Ross A. Jurewitz Injury Accident Attorney, Jurewitz Law Group Jurewitz Law Group 600 B Street Suite 1550 San Diego, CA 92101 Tel:
More informationThe Employers Guide to. Pennsylvania s Workers Compensation Law
The Employers Guide to Pennsylvania s Workers Compensation Law Table of Contents About this Guide. 3 The Pennsylvania Workers Compensation Act: An Overview for the Pennsylvania Employer....4 Your Duties
More informationCOMBUSTION ENGINEERING 524(g) ASBESTOS PI TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES
COMBUSTION ENGINEERING 524(g) ASBESTOS PI TRUST ALTERNATIVE DISPUTE RESOLUTION (ADR) PROCEDURES Pursuant to Section 5.10 of the Combustion Engineering 524(g) Asbestos PI Trust Distribution Procedures (
More informationHow To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider
April, 2011 VOL. 5, ISSUE 2 How To Use The New Expert Witness Rule To Negotiate A Good Deal By Cary N. Schneider Cary N. Schneider is a partner at Beard Winter LLP who specializes in accident benefit and
More informationProducts Liability: Putting a Product on the U.S. Market. Natalia R. Medley Crowell & Moring LLP 14 November 2012
Products Liability: Putting a Product on the U.S. Market Natalia R. Medley Crowell & Moring LLP 14 November 2012 Overview Regulation of Products» Federal agencies» State laws Product Liability Lawsuits»
More informationLETTERS OF PROTECTION IN GENERAL LIABIILTY CASES STRATEGIES FOR DEFENSE COUNSEL
LETTERS OF PROTECTION IN GENERAL LIABIILTY CASES STRATEGIES FOR DEFENSE COUNSEL Submitted by Joe Monello of Wicker, Smith, O Hara, McCoy & Ford, P.A. and Judy S. Davis, Corporate Risk Manager, Tallahassee
More information1, 2011, and will apply to payment obligations assumed on or after October 1, 2010. See
Medicare Reporting and Reimbursement Compliance Issues in Mass Products Liability Cases in which Exposure on or after December 5, 1980, is Generally Alleged, Established, and/or Released. By: Lynn O. Frye,
More informationANNUAL REPORT OF THE COMMITTEE ON DISCOVERY PROCEDURES TO THE ILLINOIS JUDICIAL CONFERENCE
ANNUAL REPORT OF THE COMMITTEE ON DISCOVERY PROCEDURES TO THE ILLINOIS JUDICIAL CONFERENCE Hon. Maureen E. Connors, Chair Hon. William J. Becker Hon. Frank R. Fuhr Hon. Kimbara G. Harrell Hon. Katherine
More informationLimiting Product Liability
Limiting Product Liability and Addressing Mass Tort Litigation Craig Blau Shareholder and Chair, Product Liability Department Anderson Kill & Olick PC INSIDE THE MINDS As a product liability attorney,
More informationOpening Statements Handout 1
Opening Statements Handout 1 Once the jury has been chosen, the attorneys for both sides deliver an opening statement about the case to the jury. Opening statements outline the facts that the attorneys
More informationShould Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases?
Should Claimant s Lawyers Have a Monopoly on Informal Communications with Treating Physicians in Workers Compensation Cases? Prepared by Robert D. Ingram and Preston D. Holloway Moore Ingram Johnson &
More informationGLOSSARY OF SELECTED LEGAL TERMS
GLOSSARY OF SELECTED LEGAL TERMS Sources: US Courts : http://www.uscourts.gov/library/glossary.html New York State Unified Court System: http://www.nycourts.gov/lawlibraries/glossary.shtml Acquittal A
More informationREFERENCE ACTION ANALYST STAFF DIRECTOR 1) Public Safety & Domestic Security Policy Committee Padgett Kramer SUMMARY ANALYSIS
HOUSE OF REPRESENTATIVES STAFF ANALYSIS BILL #: HB 383 Discovery Depositions SPONSOR(S): Thompson TIED BILLS: IDEN./SIM. BILLS: SB 2154 REFERENCE ACTION ANALYST STAFF DIRECTOR 1) Public Safety & Domestic
More informationNew York Law Journal. Tuesday, July 31, 2001
New York Law Journal Tuesday, July 31, 2001 HEADLINE: BYLINE: Trial Advocacy, Cross-Exam Of Vocational Rehabilitation Experts Ben B. Rubinowitz and Evan Torgan BODY: Historically, damages relating to loss
More informationRESUMÉ BOYD S. LEMON. Nature of Practice
RESUMÉ BOYD S. LEMON Attorney and member of the California Bar since 1966; member, Bar of the United States Supreme Court, various United States Courts of Appeals, United States District Courts and United
More informationMandatory Arbitration
Mandatory Arbitration The Alternative To Trial By Christopher M. Davis, Attorney at Law 206-727-4000 Phone: 206-727-4000 Fax: 206-727-4001 info@injurytriallawyer.com Copyright 2007 by Christopher Michael
More informationIN THE COURT OF CHANCERY OF THE STATE OF DELAWARE ) ) ) ) ) ) ) ) ) STIPULATION AND [PROPOSED] ORDER GOVERNING EXPERT DISCOVERY
This is the sample expert discovery stipulation referenced at Section II(4(h(ii(d of the Guidelines on Best Practices for Litigating Cases Before the Court of Chancery. It should be modified to fit the
More informationEnrolled Copy H.B. 287
Enrolled Copy H.B. 287 1 ARBITRATION FOR DOG BITES AMENDMENTS 2 2014 GENERAL SESSION 3 STATE OF UTAH 4 Chief Sponsor: LaVar Christensen 5 Senate Sponsor: John L. Valentine 6 7 LONG TITLE 8 General Description:
More informationIN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF PENNSYLVANIA RONALD DUTTON, : : Consolidated Under Plaintiff, : MDL DOCKET NO. 875 : v. : CIVIL ACTION NO. : 09-62916 TODD SHIPYARDS CORP.,
More informationGeorgia Board for Physician Workforce
Board for Physician Workforce Spotlight on National Tort Reform & Reform in the Surrounding States August 2010 Tort reform continues to be a highly debated issue at both the state and national level. In
More informationlitigating in Canada: a brief guide for U.S. clients
litigating in Canada: a brief guide for U.S. clients litigating in Canada: a brief guide for U.S. clients executive summary Despite the great deal the United States and Canada share in common, in many
More informationWASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS
I. Synopsis WASHINGTON COLLEGE OF LAW, AMERICAN UNIVERSITY MEDICAL LIABILITY & PUBLIC HEALTH PROFESSOR STEVEN M. PAVSNER SYLLABUS The objective of the seminar, Medical Liability and Public Health, is to
More informationKey Concept 4: Understanding Product Liability Law
Key Concept 4: Understanding Product Liability Law Suppose that you are the president of a firm making products for sale to the public. One of your worries would be the company's exposure to civil liability
More informationS. JEFFREY MINKER, P.C.
S. JEFFREY MINKER, P.C. ATTORNEY/MEDIATOR/ARBITRATOR 860 West Ina Road Tucson, Arizona 85704-4405 (520) 797-7800 NAME: OFFICE ADDRESS: Jeffrey Minker Jeffrey Minker, LLC 860 West Ina Road Tucson, Arizona
More informationManaging Jones Act Personal Injury Litigation The Vessel Owner s Perspective. Lawrence R. DeMarcay, III
Managing Jones Act Personal Injury Litigation The Vessel Owner s Perspective by Lawrence R. DeMarcay, III Presented to the Offshore Marine Services Association / Loyola College of Law Industry Seminar
More informationIMPROVING SETTLEMENT SAVVY. Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com
IMPROVING SETTLEMENT SAVVY Kathy Perkins Kathy Perkins LLC, Workplace Law & Mediation www.kathy-perkins.com In these difficult economic times, parties may be looking to reduce litigation costs and risk
More informationScaled Questions During Jury Selection
Scaled Questions During Jury Selection By: Ben Rubinowitz and Evan Torgan One of the most crucial tasks a trial attorney must undertake is selecting a pool of jurors that will view her client's case in
More informationFOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS
LITIGANTS MANUAL FOR USE IN THE MARION COUNTY SMALL CLAIMS COURTS The Indiana General Assembly created the Marion County Small Claims Courts and provided that litigants may try their cases in such courts
More informationASSEMBLY BILL No. 597
AMENDED IN ASSEMBLY APRIL 14, 2015 california legislature 2015 16 regular session ASSEMBLY BILL No. 597 Introduced by Assembly Member Cooley February 24, 2015 An act to amend Sections 36 and 877 of, and
More informationWhat the Jury Hears in Products Liability Litigation. The View From Both Sides and the Middle
What the Jury Hears in Products Liability Litigation The View From Both Sides and the Middle Theresa Zagnoli, Communications Expert and Jury Consultant Susan T. Dwyer, Defense Lawyer Jeffrey A. Lichtman,
More information421 Fayetteville Street Attorney Suite 1200 Raleigh, NC 27601 Direct Line: (919) 719-6007 E-mail: bcobb@ymwlaw.com. Barry S. Cobb.
One Bank of America Plaza Barry S. Cobb 421 Fayetteville Street Attorney Suite 1200 Raleigh, NC 27601 Direct Line: (919) 719-6007 E-mail: bcobb@ymwlaw.com P.O. Box 2889 Website: www.ymwlaw.com Raleigh,
More informationENVIRONMENTAL, ENERGY AND MARITIME LAW March 2010
I suggest the following simple ten ways to avoid malpractice in litigation: ENVIRONMENTAL, ENERGY AND MARITIME LAW March 2010 IN THIS ISSUE R. Bruce Barze, Jr. and Alexia B. Borden provide an update on
More informationHow to Prepare for your Deposition in a Personal Injury Case
How to Prepare for your Deposition in a Personal Injury Case A whitepaper by Travis Mayor, Attorney If you have filed a civil lawsuit in your personal injury case against the at fault driver, person, corporation,
More informationAdvanced Techniques for Cross- Examination of the Technical Expert
Advanced Techniques for Cross- Examination of the Technical Expert Toyja E. Kelley Lydia S. Hu Tydings & Rosenberg LLP 100 E. Pratt Street, 26 th Floor Baltimore, MD 21202 (410) 752-9747 tkelley@tydingslaw.com
More informationJURY INSTRUCTIONS. 2.4 Willful Maintenance of Monopoly Power
JURY INSTRUCTIONS PRELIMINARY INSTRUCTIONS 1. ANTITRUST CLAIMS 2. Elements of Monopoly Claim 2.1 Definition of Monopoly Power 2.2 Relevant Market 2.3 Existence of Monopoly Power 2.4 Willful Maintenance
More information9/28/2015. Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel
Top Ten Mistakes Providers Make Before & During Litigation: Perspectives From Plaintiff & Defense Counsel Peter W. Brandt, Esq. Livingston, Barger, Brandt & Schroeder, LLP, Esq. Law Offices of Pre-Suit
More informationProducing Persuasive Electronic Evidence: How to prevent and prepare for
ARTICLE Producing Persuasive Electronic Evidence: How to prevent and prepare for legal disputes involving electronic signatures and electronic transactions Electronic signatures were given the same legal
More informationNotice of Collective Action and Opportunity to Join
Notice of Collective Action and Opportunity to Join THIS NOTICE MAY AFFECT YOUR RIGHTS PLEASE READ CAREFULLY To: Former Federal Bureau of Investigation ( FBI ) trainees who attended New Agent ( NA ) training
More informationLowcountry Injury Law
Lowcountry Injury Law 1917 Lovejoy Street Post Office Drawer 850 Beaufort, South Carolina 29901 Personal Injury Phone (843) 524-9445 Auto Accidents Fax (843) 532-9254 Workers Comp DanDenton@Lawyer.com
More informationUniversity of Florida, Fisher School of Accounting Masters of Accountancy, 1992 Bachelor of Science, Accounting, 1990
CURRICULUM VITAE KAREN B. FORTUNE Certified Public Accountant Certified in Financial Forensics Masters of Accountancy EDUCATION University of Florida, Fisher School of Accounting Masters of Accountancy,
More informationThe Whistleblower Stampede And The. New FCA Litigation Paradigm. Richard L. Shackelford. King & Spalding LLP
The Whistleblower Stampede And The New FCA Litigation Paradigm Richard L. Shackelford King & Spalding LLP Actions under the qui tam provisions of the False Claims Act ( FCA ), 31 U.S.C. 3730(b)-(h), are
More informationCOURT OF COMMON PLEAS CLERMONT COUNTY, OHIO. Plaintiffs : CASE NO. 2012 CVH 0064
COURT OF COMMON PLEAS CLERMONT COUNTY, OHIO STACY MCDOWELL, et al., : Plaintiffs : CASE NO. 2012 CVH 0064 vs. : Judge McBride PATRICK SHELDON : DECISION/ENTRY Defendant : Schwartz Manes Ruby & Slovin,
More informationHow to Select a Lawyer by J. Sherrod Taylor
How to Select a Lawyer by J. Sherrod Taylor Persons with traumatic brain injury (TBI) and their families must make many important decisions in the early days following injury. One significant decision-that
More informationUNITED STATES DISTRICT COURT DISTRICT OF OREGON Portland Division. V. CRYSTAL COX, Pro Se Defendant
Crystal L. Cox Attorney Pro Se UNITED STATES DISTRICT COURT DISTRICT OF OREGON Portland Division OBSIDIAN FINANCE GROUP, LLC and KEVIN D. PADRICK, Plaintiffs, V. CRYSTAL COX, Pro Se Defendant Objection
More informationThe Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES
The Supreme Court of the Northwest Territories NOTICE TO THE PROFESSION CASE MANAGEMENT PROCEDURES GENERAL GUIDELINES With the advent of the revised Rules of Court, it was thought appropriate to issue
More informationMedical Malpractice Litigation. What to Expect as a Defendant
Medical Malpractice Litigation What to Expect as a Defendant Being named as a defendant in a malpractice suit may be your first exposure to civil litigation. You will probably wish it would just go away.
More informationTOXIC MOULD LEGAL OVERVIEW
TOXIC MOULD LEGAL OVERVIEW INTRODUCTION One of the current hot topics in the construction industry is the issue of toxic mould. Concerns over mould in building environments is not new, but recent events,
More informationWhat to Expect In Your Lawsuit
What to Expect In Your Lawsuit A lawsuit is a marathon not a sprint. Stewart R. Albertson. There is a saying that the wheels of justice move slowly. That is as true today as when it was initially stated.
More informationBECOMING AN EXPERT AS AN EXPERT WITNESS
Whether you are anticipating your first courtroom experience as an expert or are highly familiar with the rigors of the witness stand, being an effective and successful expert is a critical skill for anti-fraud
More informationRepresenting Yourself. Your Family Law Trial
Representing Yourself at Your Family Law Trial - A Guide - June 2013 REPRESENTING YOURSELF AT YOUR FAMILY LAW TRIAL IN THE ONTARIO COURT OF JUSTICE This is intended to help you represent yourself in a
More informationCivil Or Criminal Securities Fraud A Blurry Line
Portfolio Media, Inc. 648 Broadway, Suite 200 New York, NY 10012 www.law360.com Phone: +1 212 537 6331 Fax: +1 212 537 6371 customerservice@portfoliomedia.com Civil Or Criminal Securities Fraud A Blurry
More informationWorking with an Expert
EXPERT EVIDENCE PAPER 2.1 Working with an Expert These materials were prepared by Leslie J. Mackoff of Mackoff & Company, Vancouver, BC for the Continuing Legal Education Society of British Columbia, October
More informationA GUIDE TO PURCHASING LAWYER S PROFESSIONAL LIABILITY INSURANCE IN VIRGINIA
A GUIDE TO PURCHASING LAWYER S PROFESSIONAL LIABILITY INSURANCE IN VIRGINIA Presented By The Virginia State Bar's Special Committee on Lawyer Malpractice Insurance May 2008 The Need For Professional Liability
More informationPUBLISHED AS A PUBLIC SERVICE BY THE OFFICE OF DISCIPLINARY COUNSEL
This information has been prepared for persons who wish to make or have made a complaint to The Lawyer Disciplinary Board about a lawyer. Please read it carefully. It explains the disciplinary procedures
More informationFARAH & FARAH RULES OF LAW
RULES OF LAW Injury Case Roadmap: The Legal Process for Personal Injury Cases BY EDDIE E. FARAH & CHARLIE E. FARAH, ATTORNEYS AT LAW ...insurance companies more and more are being run by bean counters,...
More informationCALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656
CALIFORNIA FALSE CLAIMS ACT GOVERNMENT CODE SECTION 12650-12656 12650. (a) This article shall be known and may be cited as the False Claims Act. (b) For purposes of this article: (1) "Claim" includes any
More informationEMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL
EMPLOYEES GUIDE TO APPEALING A WORKERS COMPENSATION CLAIM DENIAL Appeals of workers compensation claim denials are handled by the Labor Commission s Adjudication Division. If you disagree with the claim
More informationOPENING INSTRUCTIONS
OPENING INSTRUCTIONS Members of the Jury: Respective Roles of Jurors and Judge You ve been chosen as jurors for this case, and you ve taken an oath to decide the facts fairly. As we begin the trial, I
More informationAnatomy of a Medical Malpractice Case
Anatomy of a Medical Malpractice Case You have an important story to tell Let our voice tell your story with power, clarity and effectiveness Our Litigation Team Why choose our team? We provide more than
More informationWhether considering the damages suffered from an ATTACKING EXPERT TESTIMONY EFFECTIVELY. by Hon. Eddward P. Ballinger, Jr.
ATTACKING EXPERT TESTIMONY EFFECTIVELY by Hon. Eddward P. Ballinger, Jr. Whether considering the damages suffered from an alleged contractual breach, the cause of plaintiff s injuries, or a professional
More information1962 B.S., Rutgers University, New Brunswick, New Jersey. 1965 L.L.B., Rutgers University School of Law, Newark, New Jersey
JOHN E. KEEFE, SR. OF COUNSEL Keefe Bartels 170 Monmouth Street Red Bank, New Jersey 07701 telephone: 732-224-9400 facsimile: 732-224-9494 judgekeefe@keefebartels.com EDUCATION: 1962 B.S., Rutgers University,
More informationLITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO. Francisco J. Colón-Pagán 1
LITIGATION OF PRODUCTS LIABILITY CASES IN EXOTIC FORUMS - PUERTO RICO By Francisco J. Colón-Pagán 1 I. OVERVIEW OF PUERTO RICO LEGAL SYSTEM A. Three branches of government B. Judicial Branch 1. Supreme
More informationIN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION PLAINTIFF S FIRST SET OF INTERROGATORIES TO DEFENDANT, XXXXX XXXXX XXXX.
IN THE CIRCUIT COURT OF COOK COUNTY, ILLINOIS COUNTY DEPARTMENT, LAW DIVISION INJURED PARTY, Plaintiff, vs. No: 00 L 0000 XXXXX XXXXX XXXXX XXX., Defendant. PLAINTIFF S FIRST SET OF INTERROGATORIES TO
More informationDiscovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies. Teleconference Program Wednesday, March 29, 2006
Discovery in Bad Faith Insurance Claims: State of the Law, Successful Strategies Teleconference Program Wednesday, March 29, 2006 Topic III A. Who is suing? Does it matter? 1. Whether suit is brought by
More informationWhat to Do When Your Witness Testimony Doesn t Match His or Her Declaration
What to Do When Your Witness Testimony Doesn t Match His or Her Declaration Russell R. Yurk Jennings, Haug & Cunningham, L.L.P. 2800 N. Central Avenue, Suite 1800 Phoenix, AZ 85004-1049 (602) 234-7819
More informationIADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013
IADC MID-YEAR MEETING MAUI, HAWAII PRESENTATION JULY 8, 2013 JOINT MEETING OF PRODUCTS, INTERNATIONAL, TOXIC AND HAZARDOUS SUBSTANCES, AND CLASS ACTIONS AND MULTI-PARTY LITIGATION COMMITTEES FROM AMOSITE
More informationCASE 0:11-cv-00412-MJD-FLN Document 96 Filed 07/11/13 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA
CASE 0:11-cv-00412-MJD-FLN Document 96 Filed 07/11/13 Page 1 of 5 UNITED STATES DISTRICT COURT DISTRICT OF MINNESOTA In re Mirapex Products Liability Litigation Case No. 07-MD-1836 (MJD/FLN) This document
More informationPRODUCT LIABILITY INSTRUCTIONS. Introduction
Introduction The RAJI (CIVIL) 5th Product Liability Instructions refer only to manufacturers and sellers. These instructions should be expanded when appropriate to include others in the business of placing
More informationMy Attorney. What A Personal Injury Lawyer Can Do For You. By Christopher M. Davis, Attorney at Law
My Attorney What A Personal Injury Lawyer Can Do For You By Christopher M. Davis, Attorney at Law Davis Law Group, P.S. 2101 Fourth Avenue Suite 630 Seattle, WA 98121 206-727-4000 Davis Law Group, P.S.
More informationCooper Hurley Injury Lawyers
Cooper Hurley Injury Lawyers 2014 Granby Street, Suite 200 Norfolk, VA, 23517 (757) 455-0077 (866) 455-6657 (Toll Free) YOUR RIGHTS WHEN YOU ARE INJURED ON THE RAILROAD Cooper Hurley Injury Lawyers 2014
More information