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Courts overrule ALI ‘consensus’
on products
Larry S. Stewart
Despite assertions that courts have rallied behind the
Restatement (Third) of Torts’s new formulation
of products liability for design-defect claims, case law
shows that courts have almost unanimously rejected §2(b),
questioning the soundness of harsher restrictions on injured
consumers’ ability to obtain redress in court.
Elements of the cigarette-fire
case
Lynn A. Grisham
The tobacco industry can reduce the risk of fire from
mishandled or dropped cigarettes by making simple product-design
changes, but manufacturers continue to resist. Establish
a cause of action by showing that an alternative design
is technologically, economically, and commercially feasible.
Make the most of company-employee
depositions
Mark J. Evans
Testimony from a manufacturer’s employees may clinch
your products case. Delve into their knowledge of the
alleged defect: You may uncover evidence that the manufacturer
considered alternative designs or knew the product could
fail.
Danger at play
James A. Swartz
When a child is injured by a household item, you must
prove that although he or she was not the intended user,
the child’s handling of the product was foreseeable.
The manufacturer can be held liable for failing to protect
youngsters from harm.
Rebutting the implied-preemption
defense
Allison M. Zieve
Drug companies try to evade responsibility for injuries
their products cause by arguing that federal law preempts
state-law failure-to-warn claims. Expose the theory’s
flaws to prevent companies from obtaining broad immunity.
Crash-and-burn cruisers that
kill
David L. Perry and Patrick J. McGroder III
Police officers have been injured, and killed, when
their Ford Crown Victoria Police Interceptors crashed
and caught fire. The automaker continues to delay design
improvements. Litigation aims to force Ford to make officer
safety a priority.
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Feature
Book’s true story testifies
to threat of tort ‘reform’
An inspiring new book chronicles an unassuming farm boy’s
struggle to overcome a devastating injury, and his legal
triumph over a negligent manufacturer.
Is forensic animation right
for your case?
Steven P. Breaux
The answer isn’t always “yes.” Before
you venture into high-tech evidence, consider admissibility,
effectiveness, cost, and logistics. When used correctly,
forensic animation can tell the story behind your case
in a new—and highly persuasive—way.
To make an injured person
whole
H. Richard Webster
Personal tragedy helped this author find his life’s
calling. His journey from rehabilitation counselor to
plaintiff to trial attorney is one of despair and courage,
pain and healing. He has seen firsthand the important
role lawyers play in their clients’ recovery.
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News & Trends
Recording-industry subpoenas spark
online-privacy debate
Third Circuit axes ‘unconscionable’
arbitration agreement
European ethnic groups win protection
from bias in jury selection
Eleventh Circuit reverses itself
in police immunity case
ABA lets lawyers blow the whistle
on clients intending financial harm
Second Circuit broadens definition
of ‘accident’ in airline injury cases
Library employees settle Internet
porn suit
CIGNA settles doctors’ suit
over unfair business practices
U.S. cracks down on health care
fraud
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