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.

In Drug and Device Product Liability Litigation Strategy, Mark Herrmann and David B. Alden provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices.

Product Liability is a recognised authority in the field and covers the product liability laws through which manufacturers, retailers, and others may be held liable to compensate persons who are injured, or who incur financial loss, when the products which they manufacture or sell are defective or not fit for their purpose. Product defects may originate in the production process, be one of design, or be grounded in a failure to issue an adequate warning or directions for safe use and practitioners advising business clients or claimants will find this book provides all the necessary information for practitioners to manage a product liability claim. This new edition has been fully updated to take account of 10 years of development in case law and regulation, and the increasing impact of cross-border and transnational sale of goods. The Court of Justice of the European Union handed down major rulings concerning the Product Liability Directive which affect the application of the Directive and national arrangements and Fairgrieve and Goldberg examines this in detail. For any legal practitioner operating in areas which require knowledge of European product liability law, an understanding of the impact of recent developments is essential and this work is an essential resource for practitioners working on product liability, sale of goods, personal injury and negligence. The work provides comprehensive coverage of the law of negligence as it applies to product liability, of the strict liability provisions of the Consumer Protection Act 1987, and of the EU's Product Liability Directive on which the Act is based. Although the majority of cases involve pharmaceuticals and medical devices, in recent English cases the allegedly defective products have been as diverse as a child's buggy, an All Terrain Vehicle, and even a coffee cup. Many cases are brought as group actions, and the book examines the rights of those who are injured by defective products. As well as considering the perspective of the law as it has developed in the UK, this edition contains detailed discussion of case law from other jurisdictions including the USA, Australia, New Zealand, Canada, France and Germany. The coverage in the work is complemented by a full analysis of issues which arise in transnational litigation involving problems of jurisdiction and the choice of laws.

In today's litigation environment manufacturers must systematically manage their product liability risks. This requires that product managers and corporate decision-makers take as much interest in managing the company's product liability as they do in their initiatives to increase shareholder value. They simply cannot sit back and criticize the system while relying on past practices and antiquated legal principles. That's a recipe for disaster. Corporate executives must understand that shareholder value means little if the company is forced into bankruptcy by product litigation. Society today demands more from manufacturers than it did just a few decades ago. A systematic approach to managing product liability risks, therefore, begins with an appreciation of the legal principles under which products are judged, and an acceptance of the fact that the rules will continue to change to meet consumer expectations. Corporate managers cannot be surprised by the civil justice system. They must understand the system and design and distribute products that conform to its requirements. In this book the authors provide corporate managers with a comprehensive look at current and developing trends in product liability law and offers practical suggestions on how to minimize the risks of litigation as product liability law continues to expand. Co-authored by David H. Canter, Partner, Harrington Foxx Dubrow & Canter Llp, and J. Wilson McCallister, this book provides unique insight into the exposure of a corporation to product liability litigation and offers the benefit of the authors' experience to managing this risk. This book offers unique insights from in-house to outside counsel, producing advice that is workable from both sides of the practice. J. Wilson McCallister was with Deere & Company in its law department for 25 years. As Associate General Counsel, he managed Deere's product litigation, early dispute resolution program and special litigation throughout the United States. David Canter, a senior partner at the Los Angeles firm of Harrington, Foxx, Dubrow & Canter has defended corporations in products liability litigation for 40 years. He has defended corporations in litigation in 17 state and federal courts and thus has gained wide nationwide experience. Chapters include: 1.) Product Liability: The Legal Context and Trends2.) A Systematic Approach to Managing Product Liability Exposure and Litigation3.) A First Step: Designing to Reduce Product Accidents and Injuries4.) The Importance of Proper Selection and Use of Expert Witnesses5.) Striving To Be the Best Pays Off6.) The Effective Use of Legal Counsel7.) Early Claims Resolution Makes Sense: A Strategy8.) Alternate Dispute Resolution is Cost Effective: A Strategy9.) Document Retention Policy: How to Stay Out of Trouble with the Courts and Juries10.) The Trial: It's Non-Controllable Risks and Possible Wins and Losses