HomeWebcastProduct Liability Litigation: Practical Tips and Strategies
Online CLE Product Liability CLE

Product Liability Litigation: Practical Tips and Strategies

Live Webcast Date: Tuesday, February 05, 2019 from 12:00 pm to 2:00 pm (ET)
CLE TortRecording

Online CLE Product Liability

Join us for this Knowledge Group Online CLE Product Liability Webinar. The volume of product liability lawsuits filed in recent years has grown critically. Manufacturers must keep themselves abreast with the recent developments in the regulatory paradigm to avoid consumer injury, more so, the complexities of a product liability litigation. Furthermore, they must come up with advanced strategic actions to mitigate possible risks and pitfalls.

In this Webcast, a panel of distinguished professionals and thought leaders organized by The Knowledge Group will provide an in-depth discussion of the latest issues in product liability litigation. Speakers will dig deeper as they analyze its implications and provide best practices in handling product liability lawsuits.

Key topics include:

  • Recent Product Liability Claims and Court Decisions
  • Proving and Defending Against Product Liability Litigation
  • Litigation Pitfalls and Challenges
  • Risk Mitigation Strategies
  • 2019 Outlook

Who Should Attend

  • Product Liability Lawyers
  • Product Liability Officers
  • Product Managers
  • Quality Control Managers
  • Operations Managers
  • Manufacturers
  • Distributors
  • Contractors
  • Public and Private Companies
  • Multinational Companies
  • Other related/interested Professionals and Organizations

Faculty

Online CLE Product Liability
Nora Barry Fischer
55th Commissioned Judge
U.S. District Court, Western District of Pennsylvania
Online CLE Product Liability
Paul Wojcicki
Shareholder
Segal McCambridge Singer & Mahoney, Ltd.
Online CLE Product Liability
Kathleen O'Donnell Wyatt
Partner
Martin, Magnuson, McCarthy & Kenney
Online CLE Product Liability
Melissa M. Malloy
Senior Associate
Pierce Davis & Perritano LLP
Online CLE Product Liability
Jennifer A. Creedon
Partner
Martin, Magnuson, McCarthy & Kenney

Click Here to Read Additional Material

Online CLE Product Liability

SEGMENT 1:
Melissa M. MalloySenior Associate
Pierce Davis & Perritano LLP

Important early stage litigation considerations that can greatly impact the outcome for your client:

  • Plaintiffs
    • What is the injury-producing product?
    • Who can be held legally responsible for harm caused by that product?
      • Chain of Distribution
      • Successor Liability
    • Where can the action be filed?
      • State v. Federal Court
      • Personal Jurisdiction
  • Defendants:
    • Was the suit timely filed?
      • Statute of Limitations
      • Statute of Repose
    • Is your client in the chain of distribution of the injury-producing product?
    • Should other parties be added to the action?
    • Early motion practice if another court would be more beneficial for your client:
      • Personal Jurisdiction (different state)
      • Removal (federal court)
      • FNC (different venue)

SEGMENT 2:
Kathleen O'Donnell WyattPartner
Martin, Magnuson, McCarthy & Kenney

  • Post Daimler Jurisdictional strategy
    • Technical aspects
    • Practical considerations 
  • So-Called judicial hellholes for product claims
    • Factors that create difficult jurisdictions
    • Tips for dealing with hellholes
    • Impact of jurisdiction motions on hellholes

SEGMENT 3:
Nora Barry Fischer55th Commissioned Judge
U.S. District Court, Western District of Pennsylvania

  • Litigation trends from a federal perspective ( ie fewer trials )
  • Advocacy in federal court  
    • Initial Case Management ; discovery plan ; motions practice and ADR
  • Daubert challenges
  • Jury Selection 

SEGMENT 4:
Paul WojcickiShareholder
Segal McCambridge Singer & Mahoney, Ltd.

  • Develop and share your client’s story
    • Elements should
      • Provide context
      • Address risk/utility standard
      • “Humanize” company
  • Beware the Reptile
    • Safety rules vs. legal standards
    • Reasonably safe
      • Balance/trade-offs
  • Focused use of Daubert
    • Need not be all or northing

SEGMENT 5:
Jennifer A. CreedonPartner
Martin, Magnuson, McCarthy & Kenney

  • Updates on specific product liability litigations:
    • Talc
    • Opioid
    • Prop 65
    • Roundup/ Glycophosphate
    • Asbestos /bare metal

Online CLE Product Liability

Online CLE Product Liability

Nora Barry Fischer55th Commissioned JudgeU.S. District Court, Western District of Pennsylvania

The Honorable Nora Barry Fischer has served as a District Judge for the United States District Court for the Western District of Pennsylvania since April of 2007.  Judge Fischer is a graduate of St. Mary’s College and Notre Dame Law School.  Judge Fischer previously engaged in private practice for thirty years.  Judge Fischer is a designated patent judge under the Patent Pilot Program and serves as the Chair of both the Court’s Case Management and ADR Committee and the subcommittee which planned and developed the Court’s E-Discovery Special Master and E-Mediation Programs.

Online CLE Product Liability

Paul WojcickiShareholderSegal McCambridge Singer & Mahoney, Ltd.

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 (GWSCA) 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 (2005-2018) and Leading Lawyer (2012-2018).

Online CLE Product Liability

Kathleen O'Donnell WyattPartnerMartin, Magnuson, McCarthy & Kenney

Kate Wyatt is a trial attorney who handles companies’ products liability litigation, toxic tort litigation, construction defect litigation, premises litigation and business litigation in state and federal courts.  Kate prides herself on representing companies that range from the Fortune 100 to small family owned companies.

For more than a decade, Kate has worked to defend products liability and premises liability actions as both local and national counsel in state and federal courts in a multitude of jurisdictions.  Kate’s practice has included the defense of complex toxic tort cases including talc matters, asbestos matters, and benzene matters.  In that capacity, she has worked to craft a nationwide defense, streamline the discovery process, and has prepared lay witnesses, corporate witnesses and expert witnesses, including medical experts, industrial hygienists, and intellectual property experts. 

Kate also routinely defends cases brought against construction companies, contractors, building products manufacturers, suppliers, engineers, and architects involving both commercial and residential properties.  Her experience includes defending construction defect cases involving water intrusion, mold, drainage issues, roofing defects, and structural problems.  Kate has also defended fire and explosion cases.

Kate’s technical knowledge including intellectual property issues, science and medicine enables her to adeptly handle the most complex of cases and to provide clients with an excellent foundation to craft creative and effective litigation solutions.  Kate has been named a “Rising Star” by Super Lawyers in the area of Civil Litigation each year from 2013-2018. 

Online CLE Product Liability

Melissa M. MalloySenior AssociatePierce Davis & Perritano LLP

Melissa M. Malloy focuses her practice on the defense of toxic tort actions. For the past eight years, as a member of a National Coordinating Counsel team, she has assisted in the nationwide defense of an equipment manufacturer in the asbestos litigation. Her work includes the investigation of key facts, the development of expert strategy, the preparation of dispositive motions, and trial preparation and appellate support for federal and state cases filed in jurisdictions across the United States.

Ms. Malloy is a member of the bars of Massachusetts and Rhode Island, a member of the Defense Research Institute, and previously served as an appellate law clerk to the Chief Justice of the Supreme Court of the U.S. Virgin Islands for three years.

Online CLE Product Liability

Jennifer A. CreedonPartnerMartin, Magnuson, McCarthy & Kenney

Jennifer Creedon is a trial attorney who represents large and small companies in asbestos, product liability and business litigation. Whether a company’s litigation is confined to one lawsuit or requires a multi-lawsuit solution, Jen can craft a defense strategy that fits the company’s needs.

Jen has defended toxic tort and product liability actions in Massachusetts, Rhode Island and Connecticut. She has served as local, regional and national counsel for companies regarding toxic tort/asbestos litigation. Jen has been part of a national counsel team for a Fortune 500 company, drafted nationwide discovery, designed national trial strategy, including preparation of corporate/expert witnesses.

Additionally, Jen has handled Federal Multidistrict Litigation, including cases consolidated in MDL 875 and the Maritime Docket. She can also coordinate a company’s compliance with the Medicare, Medicaid and SCHIP Extension Act of 2007.

Online CLE Product Liability

Course Level:
   Intermediate

Advance Preparation:
   Print and review course materials

Method Of Presentation:
   On-demand Webcast

Prerequisite:
   Experience in product liability law

Course Code:
   147211

NY Category of CLE Credit:
   Areas of Professional Practice

Total Credits:
    2.0 CLE

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About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

About the Knowledge Group

The Knowledge Group

The Knowledge Group has been a leading global provider of Continuing Education (CLE, CPE) for over 13 Years. We produce over 450 LIVE webcasts annually and have a catalog of over 4,000 on-demand courses.

Segal McCambridge Singer & Mahoney, Ltd. is a national firm of trial lawyers representing and counseling clients in product liability, toxic tort, complex commercial, employment, insurance coverage, construction, environmental, professional liability, transportation, technology and cyber risk, and warranty matters. Founded in 1986, Segal McCambridge has grown from a four-lawyer shop in Chicago to more than 140 attorneys with offices in Austin, Chicago, Detroit, Houston, Jersey City, New York City, Philadelphia and St. Louis.

Website: https://www.smsm.com/

Pierce Davis & Perritano LLP is a full service civil litigation and trial firm based in Boston, with additional offices in Providence, RI and Bridgeport, CT.  Founded in 1998, the firm represents a wide range of businesses, municipalities, governmental and quasi-governmental agencies, individuals, and their insurers.  With more than 20 attorneys, the firm aggressively defends clients in complex product liability, toxic tort, municipal liability and other specialty liability litigation.  The attorneys also have extensive experience providing consultation and litigation services to businesses in areas ranging from contractual relations to employment practices.  PDP’s attorneys do not only advocate, they lead — influencing and shaping governing legal principles in landmark cases.  Through its smaller size, PDP is able to foster an atmosphere of efficiency, responsiveness, and personal connection not found in larger firms.

Website: https://www.piercedavis.com/

Martin, Magnuson, McCarthy & Kenney (MMMK) is comprised of experienced trial lawyers and has an established civil litigation and appellate practice representing clients throughout the Commonwealth of Massachusetts, Rhode Island and Connecticut. Working in both state and federal courts, as well as appearing before administrative agencies and engaging in alternative dispute resolution, MMMK attorneys represent clients in matters including product liability, healthcare defense, professional liability, premises liability, commercial and business litigation, civil rights, and general liability claims.

MMMK attorneys have been elected as Fellows of the American College of Trial Lawyers, are included in the published listing of The Best Lawyers in America, and have received listings in Massachusetts Super Lawyers magazine, Litigation Counsel of America, and BTI Consulting Group. Our attorneys have served as leaders of the product liability bar, serving as the first Tort Chair of the Boston Bar Association, and authoring dozens of articles regarding products liability litigation, including for the Massachusetts Law Review, the longest continually published law review in the nation. 

MMMK attorneys have also served in leadership roles including the Board of Bar Overseers, Massachusetts Bar Association, Boston Bar Association, Supreme Judicial Court Standing Advisory Committee on the Rules of Civil Procedure, and Massachusetts Bar Foundation.

Martin, Magnuson, McCarthy & Kenney is the successor firm to Martin, Magnuson & Hennessey, established in 1957 by Ephraim Martin, Harold E. Magnuson and Edward F. Hennessey, who ultimately was appointed as chief justice to the Massachusetts Supreme Judicial Court.  After 22 years of serving as a member of the Massachusetts judiciary, Judge Hennessey returned to the firm until he passed away.  MMMK continues to serve Judge Hennessey’s legacy in providing exceptional legal representation for its clients.

Website: https://www.mmmk.com/

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