Download or read book Drug and Device Product Liability Litigation Strategy written by Mark Herrmann and published by Oxford University Press. This book was released on 2011-12-21 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Drug and Device Product Liability Litigation Strategy written by Mark Herrmann and published by Oxford University Press, USA. This book was released on 2012 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Product Liability Litigation written by Stephanie A. Scharf and published by Practising Law Inst. This book was released on 2009 with total page 1000 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability Litigation: Current Law, Strategies, and Best Practices provides comprehensive legal, technical, and strategic knowledge that maximizes your ability to prevail in consumer product liability cases, whether you're the plaintiff's or defendant's attorney.
Download or read book Product Liability written by Richard J. Heafey and published by Law Journal Press. This book was released on 2016-02-28 with total page 906 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Products Liability Law written by Mark Geistfeld and published by Aspen Publishing. This book was released on 2021-10-07 with total page 800 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Science and Litigation written by Terrence F. Kiely and published by CRC Press. This book was released on 2002-04-29 with total page 339 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Drug and Medical Device Product Liability Deskbook written by James Beck and published by Law Journal Press. This book was released on 2004 with total page 982 pages. Available in PDF, EPUB and Kindle. Book excerpt: This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Download or read book Lawsuit written by Randall L. Goodden and published by John Wiley & Sons. This book was released on 2009-03-25 with total page 376 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Product Liability written by John S. Allee and published by Law Journal Press. This book was released on 1984 with total page 1216 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
Download or read book Product Liability and Innovation written by National Academy of Engineering and published by National Academies Press. This book was released on 1994-02-01 with total page 214 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product liability is a contentious issue. Proponents argue that American tort law promotes product safety. Manufacturers contend that lawsuits chill new product development. Product Liability and Innovation provides an overview and an engineering perspective on the product liability system. The volume offers studies of selected industries, exploring the effect of product liability on corporate product development decisions and on the creative opportunities and day-to-day work of engineers. The volume addresses the potential liability of the parts or materials supplier and discusses the impact of liability on the availability of insurance. It looks at "junk science" in the courtroom and analyzes opportunities to incorporate into product design what we know about human behavior and risk. The book also looks at current efforts at tort reform and compares U.S. injury claims handling with that of other countries. This volume will be important to policymakers, industrialists, attorneys, product engineers, and individuals concerned about the impact of product liability on the industrial future.
Download or read book Product Liability Litigation written by Stephanie A. Scharf and published by . This book was released on 2021 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals written by Steven Garber and published by Rand Corporation. This book was released on 2013 with total page 117 pages. Available in PDF, EPUB and Kindle. Book excerpt: Liability effects on the economic performance of the pharmaceutical industry play a prominent role in the debate about the economic effects of product liability in the United States. The author analyzes incentive effects on company decisions, implications for economic outcomes such as drug safety and effectiveness, and suggests how public policy changes could mitigate liability-based sources of inefficient decisions of pharmaceutical companies.
Download or read book Product Liability written by United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Consumer Protection, and Competitiveness and published by . This book was released on 1988 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Drug Product Liability written by Marden G. Dixon and published by . This book was released on 1985 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Personal Injury and Product Liability Litigation written by Howard R. Reiss and published by Prentice Hall. This book was released on 1987 with total page 160 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Pennsylvania Products Liability written by Bradley D. Remick and published by Legal Intelligencer. This book was released on 2017-11-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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
Download or read book Product Liability written by Duncan Fairgrieve and published by Oxford University Press. This book was released on 2020-05-20 with total page 1112 pages. Available in PDF, EPUB and Kindle. Book excerpt: Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.
