Post-Sale Duties: Best Practices & Strategies to Prevent & Defend Product Liability Litigation
Because of the continuous development in the common and regulatory law, manufacturers are frequently subject to increased post-sale duties and responsibilities in the United States. However, the product liability law that covers post-sale duties varies from state jurisdiction. Once a product is sold, the control over the product is no longer in the hands of the manufacturer. Thus, during production and before distribution, a manufacturer must ensure that the product is reasonably safe for its intended purpose.
Failure to properly address these responsibilities will result to hefty fines and other punitive damages. Furthermore, to avoid such hurdles, companies and manufacturers should adequately meet its post-sale duties and responsibilities while giving significant importance to the considerations in product improvements and distributions.
Join a team of thought leaders and professionals brought together by The Knowledge Group as they provide an in-depth analysis of the fundamentals as well as recent developments in post-sale duties. Speakers will go beyond the basics and provide the best practices and strategies in preventing and defending against legal challenges and pitfalls in product liability litigation.
Key topics include:
- Post-Sale Legal and Regulatory Laws
- Identifying Post-Sale Duties
- Potential Penalties for Non-Compliance
- Best Practices for Managing and Defending Recalls
- Insurance Coverage Issues and Challenges
- Trends, Developments and Updates in 2018
Introduction and housekeeping notes
Marsha M. Piccone, Partner
- Post-sale duty to warn and the adoption of Third Restatement of Torts, Section 10
- What is it and when does it arise?
- What is the current status in jurisdictions across the U.S.?
- Recent cases.
Diana Katz Gerstel, Partner
Riker Danzig Scherer Hyland & Perretti LLP
Implications of social media for post-sale duties
- Social media posts as notice of a product defect
- Post-sale duties
- Impact on defenses
- Implications for punitive damages
- Strategic use of social media
Jordan N. Walker, Attorney
Butler Snow LLP
Post-sale design modifications
- Extent of F.R.E. 407 Protections – Subsequent Remedial Measures
- Are post-sale design modifications safer alternative designs?
- Is there a duty to warn of post-sale design modifications?
Paul E Wojcicki, Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
The tension between product improvement and enhancement and punitive damages exposure
- Can new technology make prior designs unreasonably dangerous?
- Duty to upgrade?
- Duty to retrofit?
- Impact of patent claims
All Speakers - Round Robin Presentation
Takeaways and Q&A
Who Should Attend:
- Manufacturers and Product Sellers
- In-house and Outside Products Liability Counsel
- Product Liability Lawyers
- Product Liability Officers
- Product Managers
- Quality Control Managers
- Operations Managers
Marsha Piccone is a partner at Rollin Braswell Fisher LLC and former Colorado Court of Appeals Judge. Her practice focuses on appellate litigation, complex commercial litigation, and arbitration. She has experience as national counsel, regional counsel, and local counsel in litigation involving product liability, business disputes, insurance, and torts. Marsha is also the Chair of the Colorado Supreme Court’s Committee on Civil Jury Instructions. She is a regular speaker and writer on a range of issues involving complex commercial litigation, business litigation, product liability litigation, litigation management, and appellate law.
Marsha Piccone is a partner at Rollin Braswell Fisher LLC and former Colorado Court of Appeals Judge. Her practice focuses …
Diana Katz Gerstel is a partner in the Products Liability Practice Group of Riker Danzig Scherer Hyland & Perretti LLP, headquartered in Morristown, New Jersey. She focuses her practice primarily on pharmaceutical and medical device litigation. Diana has defended pharmaceutical and medical device manufacturers in state and federal actions and is centrally involved in the ongoing pelvic mesh litigation.
Diana received her law degree from the Benjamin N. Cardozo School of Law. She earned a B.A. from Smith College in French literature and an M.F.A. from Columbia University in writing. Prior to joining Riker Danzig, she served as Law Clerk to The Honorable Robert J. Brennan, J.S.C., Superior Court of New Jersey, Morris County.
Diana Katz Gerstel is a partner in the Products Liability Practice Group of Riker Danzig Scherer Hyland & Perretti LLP, …
Jordan Walker focuses his practice on drug and device product liability litigation. His experience includes representing a national medical device manufacturer in MDL and state court litigation involving pelvic mesh, where he serves as a member of the national expert team, deposes treating physicians, plaintiffs, and fact witnesses, prepares company witnesses for trial testimony, and argues motions in limine and motions involving company witness deposition designations in multiple state courts. He assisted the trial team in a number of cases, including Cavness v. Kowalczyk et al., Case No. DC-14-04220, District Court for the 95th Judicial District, Dallas County Texas, one of Law360’s 2015 Product Liability Trials to Watch. The verdict was named as one of CVN’s Top 10 Defense Verdicts of 2015.
Prior to joining Butler Snow, Jordan served as Area Defense Counsel for the U.S. Air Force from 2011-2013 and secured convictions in every military case he prosecuted. He served as Chief of Military Justice at Joint Base Balad, Iraq in 2011 and Mountain Air Force Base in Idaho from 2009-2011. He was Chief of Magistrate Court/Claims/Adverse Actions at Andrews Air Force Base in Maryland from 2007-2009.
Jordan obtained his J.D. from the University of Mississippi, cum laude, in 2007, where he was the 2006 Mississippi Moot Court Championship Winner and the 2005 First Year Appellate Advocacy Competition Winner. He also served on the Editorial Board for the Mississippi Review of First Impressions. He obtained a B.A. from the University of Mississippi in International Studies in 2004.
Jordan Walker focuses his practice on drug and device product liability litigation. His experience includes representing a national medical device …
PAUL E. WOJCICKI, a Shareholder with Segal McCambridge Singer & Mahoney, Ltd. (www.smsm.com), has been defending companies in complex state and federal litigation for more than 25 years. Based in Chicago, Mr. Wojcicki focuses his national trial and appellate practice on product liability claims, class actions, and commercial disputes for clients in the automotive, medical device and electronics industries.
Mr. Wojcicki also works with companies in connection with product warranty and service contract program improvement, litigation and regulation. He serves on the board of directors of the Global Warranty and Service Contract Association (www.gwsca.org) and chairs his firm’s Warranty Practice Group. Mr. Wojcicki manages and writes for www.DrivingValue.com, a blog focused on client counseling and litigation in the areas of warranty and service contracts. In addition to being AV-rated, he has been recognized annually as an Illinois Super Lawyer (2005-2017) and Leading Lawyer (2012-2017).
PAUL E. WOJCICKI, a Shareholder with Segal McCambridge Singer & Mahoney, Ltd. (www.smsm.com), has been defending companies in complex state and …
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Method of Presentation:
Basic knowledge in product liability law
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About RBF Law
Rollin Braswell Fisher LLC (RBF Law) is a sophisticated litigation boutique with a national presence based in Denver, Colorado. RBF Law attorneys are highly experienced former “Big Law” attorneys, former clerks, and notable leaders in the community. Practice areas include public entity, financial services, trade secrets, product liability, sports, employment, bad faith, breach of contract, and tort litigation. The addition of former Colorado Court of Appeals Judge Marsha M. Piccone has allowed the firm to expand its appellate and alternative dispute resolution practice as well. Most recognized for litigating multi-billion dollar disputes arising out of the 2008 financial crisis, RBF Law is skilled in representing clients in complex, high-stakes matters.
About Riker Danzig Scherer Hyland & Perretti LLP
Named a Powerhouse Law Firm in New Jersey by Law360 in 2017, Riker Danzig Scherer Hyland & Perretti LLP has served the New Jersey business community for over 130 years. Distinguished for its unparalleled representation of financial institutions since the founding of the firm, Riker Danzig has become a preeminent, full-service law firm. In addition to its two New Jersey offices in Morristown and Trenton, the firm has an office in Midtown Manhattan, serving clients in corporate law, tax and trusts and estates, and litigation. Riker Danzig serves as regional trial counsel and national defense counsel for some of the country's largest corporations in a wide variety of matters, while also representing many family-owned businesses and middle-market companies. The firm provides corporate counseling to numerous financial, commercial, manufacturing and service organizations and has highly-respected practices in trial and appellate litigation, products liability, insurance, corporate law, bankruptcy, governmental affairs, labor and employment, environmental law, real estate, tax, and trusts and estates.
About Butler Snow LLP
Butler Snow LLP is a full-service law firm with more than 330 attorneys representing local, regional, national and international clients from 22 U.S. offices and offices in London and Singapore. Ranked as one of America’s Top 100 law firms in the BTI Power Rankings, Butler Snow is recognized as one of the nation’s top law firms for client service. The firm was recently ranked 48th out of 650 firms in the BTI Client Relationship Scorecard for understanding our client’s business, anticipating client’s needs, unprompted communication, legal skills, quality and keeping clients informed.
Butler Snow is recognized as one of the USA’s leading product liability firms in Who’s Who Legal: Product Liability Defence 2017 by number of attorneys listed. The firm is one of only 18 firms recognized in Product Liability Defence 2017: Analysis by Who’s Who Legal. Butler Snow is also ranked as a leading core firm for representing the pharmaceutical industry in the BTI Power Rankings 2017: The Law Firms with the Best Client Relationships in 18 Industries list. The ranking places the firm in the top five percent of all law firms with regard to client relations within the pharmaceutical and medical device industry. Additional 2017 nationwide recognitions for the firm’s Pharmaceutical, Medical Device & Healthcare Litigation Group include The Legal 500: US for Product Liability, Mass Tort and Class Action: Pharmaceuticals and Medical Devices – Defense and Chambers USA for Product Liability Litigation.
About Segal McCambridge Singer & Mahoney, Ltd.
For more than three decades, Segal McCambridge Singer & Mahoney, Ltd. has built a reputation as a national law firm of accomplished trial attorneys. Segal McCambridge routinely counsels and defends clients, including Fortune 500 companies, corporations and individuals, in complex litigation matters across the United States. Their attorneys are skilled at guiding clients in matters including, but not limited to asbestos, class action, construction, employment, environmental, insurance coverage and bad faith, life sciences, product liability, professional liability, technology and cyber risk, transportation and warranty. Since their founding in 1986, they have grown to more than 140 attorneys and seven offices in Austin, Chicago, Detroit, Jersey City, New York City, Philadelphia and St. Louis. Learn more at www.smsm.com.