Drug and Device Product Liability Litigation Strategy

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Author :
Publisher : Oxford University Press
ISBN 13 : 0199750246
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. 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.

Products Liability Law

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Author :
Publisher : Aspen Publishing
ISBN 13 : 1543820662
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.

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.

Science and Litigation

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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.

Product Liability and Innovation

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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 : 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.

Product Liability

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Author :
Publisher :
ISBN 13 :
Total Pages : 550 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Product Liability by : United States. Congress. House. Committee on Energy and Commerce. Subcommittee on Commerce, Consumer Protection, and Competitiveness

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:

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.

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

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Author :
Publisher : Oxford University Press, USA
ISBN 13 : 9780199679232
Total Pages : 0 pages
Book Rating : 4.6/5 (792 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, USA. This book was released on 2020 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: This work provides comprehensive analysis of product liability under the common law of negligence, the strict liability provisions of the Consumer Protection Act 1987, and the EU's Product Liability Directive, placed in the context of the international and transnational legal framework.--

Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals

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Author :
Publisher : Rand Corporation
ISBN 13 : 0833079891
Total Pages : 217 pages
Book Rating : 4.8/5 (33 download)

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Book Synopsis Economic Effects of Product Liability and Other Litigation Involving the Safety and Effectiveness of Pharmaceuticals by : Steven Garber

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 2013-02-15 with total page 217 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.

Product Liability Desk Reference: A Fifty-State Compendium, 2019 Edition (IL)

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Author :
Publisher : Wolters Kluwer
ISBN 13 : 1543800718
Total Pages : 1132 pages
Book Rating : 4.5/5 (438 download)

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Book Synopsis Product Liability Desk Reference: A Fifty-State Compendium, 2019 Edition (IL) by : Daller

Download or read book Product Liability Desk Reference: A Fifty-State Compendium, 2019 Edition (IL) written by Daller and published by Wolters Kluwer. This book was released on 2018-12-17 with total page 1132 pages. Available in PDF, EPUB and Kindle. Book excerpt: On the front lines of product liability disputes, successful litigation planning begins with immediate access to the product liability laws of various jurisdictions--plus an understanding of the countless differences among them. That's exactly what you get with the thoroughly up-to-date and expanded edition of Product Liability Desk Reference, 2019 Edition, edited by Morton F. Daller. Whether you represent the plaintiff or defendant, the Product Liability Desk Reference, 2019 Edition is a comprehensive resource that provides the most recent statutory and case law developments on product liability laws for each of the fifty states and the District of Columbia. With coverage that is clear and concise, you will be able to make an initial assessment of the strengths and weaknesses of your case across jurisdictions. Practitioner-oriented, and written by leading state experts, each chapter summarizes the variants and developments particular to a specific state jurisdiction, resulting in a text that will assist you in making critical choices in product liability disputes wherever they arise. You'll find detailed coverage of each state's standards regarding: Causes of action Statutes of limitation and repose Strict liability Negligence Breach of Warranty Punitive damages Wrongful death Pre- and post-judgment interest Employer immunity from suit Joint and severable liability Relevant statutes to product liability actions. Previous Edition: Product Liability Desk Reference: A Fifty State Compendium, 2018 Edition, ISBN 9781454884859¿

Final Report to the National Science Foundation on Product Liability

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Author :
Publisher :
ISBN 13 :
Total Pages : 142 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Final Report to the National Science Foundation on Product Liability by : Alvin S. Weinstein

Download or read book Final Report to the National Science Foundation on Product Liability written by Alvin S. Weinstein and published by . This book was released on 1977 with total page 142 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Product Liability

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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.

The Product Liability Fairness Act

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Publisher :
ISBN 13 :
Total Pages : 176 pages
Book Rating : 4.0/5 ( download)

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Book Synopsis The Product Liability Fairness Act by : United States. Congress. Senate. Committee on the Judiciary

Download or read book The Product Liability Fairness Act written by United States. Congress. Senate. Committee on the Judiciary and published by . This book was released on 1995 with total page 176 pages. Available in PDF, EPUB and Kindle. Book excerpt: Distributed to some depository libraries in microfiche.

Products Liability Litigation

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Author :
Publisher :
ISBN 13 :
Total Pages : 286 pages
Book Rating : 4.:/5 (319 download)

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Book Synopsis Products Liability Litigation by :

Download or read book Products Liability Litigation written by and published by . This book was released on 1982 with total page 286 pages. Available in PDF, EPUB and Kindle. Book excerpt: