Drug and Device Product Liability Litigation Strategy

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199750246
Total Pages : 544 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Drug and Device Product Liability Litigation Strategy by : Mark Herrmann

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 544 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.

Products Liability in a Nutshell

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Author :
Publisher : West Academic Publishing
ISBN 13 :
Total Pages : 580 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Products Liability in a Nutshell by : David G. Owen

Download or read book Products Liability in a Nutshell written by David G. Owen and published by West Academic Publishing. This book was released on 2005 with total page 580 pages. Available in PDF, EPUB and Kindle. Book excerpt: Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.

Drug and Device Product Liability Litigation Strategy

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 0199734941
Total Pages : 539 pages
Book Rating : 4.1/5 (997 download)

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Book Synopsis Drug and Device Product Liability Litigation Strategy by : Mark Herrmann

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 2011-12-21 with total page 539 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drug & Device Product Liability Litigation Strategy provides useful practice pointers and overall strategic guidance for attorneys involved in product liability litigation for prescription drugs and medical devices.

Drug and Medical Device Product Liability Deskbook

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Author :
Publisher : Law Journal Press
ISBN 13 : 9781588521217
Total Pages : 982 pages
Book Rating : 4.5/5 (212 download)

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Book Synopsis Drug and Medical Device Product Liability Deskbook by : James Beck

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.

Product Liability Litigation

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Author :
Publisher : Practising Law Inst
ISBN 13 : 9781402412578
Total Pages : 1000 pages
Book Rating : 4.4/5 (125 download)

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Book Synopsis Product Liability Litigation by : Stephanie A. Scharf

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.

Product Liability

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Author :
Publisher : Law Journal Press
ISBN 13 : 9781588520678
Total Pages : 906 pages
Book Rating : 4.5/5 (26 download)

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Book Synopsis Product Liability by : Richard J. Heafey

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.

Products Liability in a Nutshell

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Author :
Publisher :
ISBN 13 :
Total Pages : 372 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Products Liability in a Nutshell by : Jerry J. Phillips

Download or read book Products Liability in a Nutshell written by Jerry J. Phillips and published by . This book was released on 1988 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: Definition of Product; Definitions of Defect, Including Restatement 2d Torts and Restatement 3d Product Liability; Definition of Sale; Breakdown of Privity; Statutory Violations; Bases of Liability Including Negligence, Warranty and Strict Liability; Potential Plaintiffs; Potential Defendants Including Manufacturers, Distributors, Lessors, Realtors, Successor Corporations and Providers of Services; Contribution and Indemnity; Reliance; Disclaimers; Solely Economic Loss; Notice of Breach; Jurisdiction; Statutory Compliance; Contract Specifications Defense; Statutes of Limitations; Statutory Changes; Production, Design and Warning Claims; Misrepresentation; Causation; Subsequent Remedial Measures; Spoliation; Expert Testimony.

Products Liability Law

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543820670
Total Pages : 800 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Products Liability Law by : Mark Geistfeld

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.

Product Liability

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Author :
Publisher : Law Journal Press
ISBN 13 : 9781588520265
Total Pages : 1216 pages
Book Rating : 4.5/5 (22 download)

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Book Synopsis Product Liability by : John S. Allee

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.

Reforming Products Liability

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Author :
Publisher : Harvard University Press
ISBN 13 : 9780674753235
Total Pages : 296 pages
Book Rating : 4.7/5 (532 download)

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Book Synopsis Reforming Products Liability by : W. Kip Viscusi

Download or read book Reforming Products Liability written by W. Kip Viscusi and published by Harvard University Press. This book was released on 1991 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt: Drawing on liability insurance trends and litigation patterns, Viscusi shows that the products liability crisis is has been developing for decades. He argues that the principal causes have been the expansion of the doctrine of design defect, the emergence of mass toxic torts, and an increase in lawsuits involving hazard warnings.

Lawsuit!

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Author :
Publisher : John Wiley & Sons
ISBN 13 : 0470177977
Total Pages : 394 pages
Book Rating : 4.4/5 (71 download)

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Book Synopsis Lawsuit! by : Randall L. Goodden

Download or read book Lawsuit! written by Randall L. Goodden and published by John Wiley & Sons. This book was released on 2009-01-14 with total page 394 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.

Product Liability Litigation

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Author :
Publisher :
ISBN 13 : 9781402436604
Total Pages : pages
Book Rating : 4.4/5 (366 download)

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Book Synopsis Product Liability Litigation by : Stephanie A. Scharf

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:

Product Liability and Innovation

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Author :
Publisher : National Academies Press
ISBN 13 : 0309051304
Total Pages : 214 pages
Book Rating : 4.3/5 (9 download)

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Book Synopsis Product Liability and Innovation by : National Academy of Engineering

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.

Product Liability

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Author :
Publisher : Oxford University Press
ISBN 13 : 0191669954
Total Pages : 1112 pages
Book Rating : 4.1/5 (916 download)

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Book Synopsis Product Liability by : Duncan Fairgrieve

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.

Science and Litigation

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Author :
Publisher : CRC Press
ISBN 13 : 1040080669
Total Pages : 339 pages
Book Rating : 4.0/5 (4 download)

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Book Synopsis Science and Litigation by : Terrence F. Kiely

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.

Personal Injury and Product Liability Litigation

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Author :
Publisher : Prentice Hall
ISBN 13 :
Total Pages : 160 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Personal Injury and Product Liability Litigation by : Howard R. Reiss

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:

Autonomous Driving

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Author :
Publisher : Springer
ISBN 13 : 3662488477
Total Pages : 706 pages
Book Rating : 4.6/5 (624 download)

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Book Synopsis Autonomous Driving by : Markus Maurer

Download or read book Autonomous Driving written by Markus Maurer and published by Springer. This book was released on 2016-05-21 with total page 706 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book takes a look at fully automated, autonomous vehicles and discusses many open questions: How can autonomous vehicles be integrated into the current transportation system with diverse users and human drivers? Where do automated vehicles fall under current legal frameworks? What risks are associated with automation and how will society respond to these risks? How will the marketplace react to automated vehicles and what changes may be necessary for companies? Experts from Germany and the United States define key societal, engineering, and mobility issues related to the automation of vehicles. They discuss the decisions programmers of automated vehicles must make to enable vehicles to perceive their environment, interact with other road users, and choose actions that may have ethical consequences. The authors further identify expectations and concerns that will form the basis for individual and societal acceptance of autonomous driving. While the safety benefits of such vehicles are tremendous, the authors demonstrate that these benefits will only be achieved if vehicles have an appropriate safety concept at the heart of their design. Realizing the potential of automated vehicles to reorganize traffic and transform mobility of people and goods requires similar care in the design of vehicles and networks. By covering all of these topics, the book aims to provide a current, comprehensive, and scientifically sound treatment of the emerging field of “autonomous driving".