Product Liability: Winning Strategies and Techniques

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Law Journal Press, Feb 28, 2016 - Law - 500 pages
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In this authoritative guide, two experienced litigators share the strategies and techniques they have developed for handling product liability cases. Product Liability: Winning Strategies and Techniques draws on the authors' nearly 60 years of combined experience. 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. You'll discover: interview techniques that put the client at ease, help you communicate your professional qualifications, elicit the information you need to evaluate the client's case, and generate business while preserving ethical integrity; the kinds of discoverable data a computer system's custodian controls; early procedural choices that can have a serious impact on the outcome of the trial; how to lay the foundation for strict product liability in the plaintiff's trial briefs and instructions; and the six common defenses in a failure-to-warn case.
 

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Contents

1
1-2
The Heart of a Products Liability
2-1
Plaintiffs Response
3-1
04
3-2
03
3-41
05
3-57
CHAPTER 4
3-77
Consumer Expectation 411
4-13
Pretrial Use of Experts
7-1
CHAPTER 8
8-1
Factors
8-2
6 Checking the Conclusions 827
8-27
Streamlining the Case
9-1
CHAPTER 10
10-1
b Jurisdictions That Determine
10-11
Doctrine 1023
10-23

The Road Not TakenAltemative Design 424
4-34
4
4-34
2 Plaintiffs Strategic Response
4-34
4 End Run Around the Reasonable
4-35
Defenses and Counterattacks Generally
4-58
CHAPTER 6
6-1
3 DemurrersMotion to StrikeJudgment
6-3
4 Practical Considerations 1025
10-29
CHAPTER 11
10-79
Putting a Value on Injuries
12-1
CHAPTER 13
12-59
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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