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Product Liability: Winning Strategies and Techniques

Richard J.  Heafey and
Don M.  Kennedy

Looseleaf, 500 pages

2008, Law Journal Press
Updated as needed. Your purchase price includes the cost of all previous updates and any updates that may be issued within three months of your order. This product is shipped by the publisher.

Price: $239.00
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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 to deliver practical advice seasoned attorneys can use to put together a winning product liability case. From the initial client interview through every step in building the case, this book gives hundreds of valuable ideas and tactics from the perspective of both plaintiff's and defendant's counsel.

For example, 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 may have control over; early procedural choices that can have a serious impact on the outcome of the trial; how to lay the foundations for strict product liability in the plaintiff's trial briefs and instructions; and the six common defenses in a failure-to-warn case.

About the authors:
Richard J. Heafey is a member of the law firm of Crosby, Heafey, Roach & May, P.C., with offices in Oakland, San Francisco, and Los Angeles, California. His practice covers 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 an Adjunct Professor of Product Liability at the University of San Francisco Law School and of Legal Ethics at the University of Santa Clara Law School. A former co-chairman of the ABA Subcommittee of Attorney-Client Privilege and Work Product, 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.
 

Table of Contents

Excerpt from the book (pdf)

 

Related books:

Drug and Medical Device Product Liability Deskbook

Drug Injury: Liability, Analysis, and Prevention  

Medical Device Accidents and Illustrative Cases

Product Liability

Telemedicine and E-Health Law

Table of Contents

Click here for a Detailed Table of Contents

1. Initial Client Interview, Case Evaluation and Early Procedural Choices

2. For the Plaintiff: The Heart of a Products Liability Case—Strict Liability

3. Duty to Warn: Plaintiff's Response

4. Design Defect: Plaintiff's Perspective

5. For the Defendant: Defenses and Counterattacks

6. Discovery

7. Pretrial Use of Experts

8. Scientific Evidence in Toxic Tort, Drug, Biologic and Medical Device Cases

9. Streamlining the Case

10. Special Considerations in Cases Involving Prescription Drugs or Medical Devices

11. Spoliation of Evidence: A Threat to Both Plaintiffs and Defendants

12. Proof of Damages: Putting a Value on Injuries

13. Settling a Products Case

Excerpt from the book (pdf)