science and litigation products liability in theory and practice

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Science And Litigation

Author : Terrence F. Kiely
ISBN : 9781420042610
Genre : Law
File Size : 84. 41 MB
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The question "what is science" has been one of the most vigorously contested legal questions as to what is legally acceptable scientific foundation for the submission of expert opinion in a wide variety of cases, especially in products liability cases. The answer usually lies in the outcomes of past cases as well as objective scientific literature. But how do we relate past decisions to biotechnology, bioinformatics, in-silico biology, genome mapping, and other new scientific developments? And just how valid are peer-reviewed studies when they are performed in house or funded by companies with a stake in the product? Science and Litigation: Products Liability in Theory and Practice addresses these and many other questions involving the relationship between the physical and biological sciences and the civil justice system. First, it reviews scientific legal theory by highlighting landmark cases, analyzing the scientific peer-review process, and examining the relationship between scientific causal theory and legal causation rules. Then the book addresses the practical issues involved in prosecuting or defending the science-based case, from pretrial discovery to choosing an expert witness. Products liability litigation can be a long and arduous task for everyone involved. This practical guide makes it a little easier. Taking you from research to courtroom, Science and Litigation: Products Liability in Theory and Practice provides information about the admissibility of scientific ideas and leads both expert witness and attorney through the necessary steps to be successful in litigation.

Drug And Device Product Liability Litigation Strategy

Author : Mark Herrmann
ISBN : 9780199750245
Genre : Law
File Size : 66. 13 MB
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Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.

Understanding Products Liability Law

Author : Bruce L. Ottley
ISBN : 9780327185260
Genre : Law
File Size : 35. 57 MB
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This concise and comprehensive Understanding treatise is designed to complement any products liability casebook. Part I consists of an overview of the complex body of products liability caselaw and statutes that has developed over the past century. The chapters follow a functional approach and begin with the four theories that are the foundation of all products liability cases: warranty, misrepresentation, negligence, and strict liability. Separate chapters in Part I then examine the principle types of product defects (design, manufacturing, and failure to warn) and some of the problems involved with proving that the product was defective and that the defect was the cause of the injury. Finally chapters focus on the various defenses available in a products liability action and the types of damages that a plaintiff may seek. An understanding of products liability law also requires an examination of the issues involved in the prosecution or defense of a products liability case. Part II addresses a range of those issues, including researching the case; drafting the complaint; interrogatories and requests to admit facts; requests for the production of documents; discovery and evidence depositions; protective orders; and discovery enforcement.

Handbook Of Human Factors In Litigation

Author : Y. Ian Noy
ISBN : 9780203490297
Genre : Technology & Engineering
File Size : 50. 23 MB
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Using ergonomics in forensics can help prevent the recurrence of system failures through engineering or administrative controls. It can also raise the level of concern among professionals and the public regarding product, workplace, and service safety due to perceived exposure to liability. Even with such a potentially important and broad impact, forensic human factors is a subject that is neither taught nor systematically practiced. There is little documentation to help develop a knowledge of the field in a systematic way, nor is there a large pool of qualified practitioners. The Handbook of Human Factors in Litigation provides a comprehensive reference that provides the tools necessary for the preparation, analysis, and presentation of forensic evidence. Compiled by experienced, internationally respected authors, this handbook represents the state-of-the-art in the application of ergonomics to forensic investigation. It contains information on the litigation process, forensic approaches and methods, important scientific data in the major application areas, and valuable case studies. For legal and forensic practitioners, this handbook will serve as an indispensable reference and as the foundation for further development of formal study in the field. For product and workplace designers and managers, it is a useful tool in the management of exposure to liability.

Scientific Protocols For Fire Investigation Second Edition

Author : John J. Lentini
ISBN : 9781439875988
Genre : Law
File Size : 46. 54 MB
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Knowledge of the science behind fires is critical to understanding a fire’s cause and successfully presenting that determination to the authorities or in litigation. Now in its second edition, Scientific Protocols for Fire Investigation focuses on the practical application of scientific principles to determine the causes of fires. Uniquely qualified with years of experience in on-site investigations, lab analyses, and courtroom presentation, the author provides a resource that is unparalleled in depth and focus. The book explores: The history of fire investigation and the basic chemistry and physics of fire The science of fire dynamics—how things burn and how they interact with their surroundings while doing so Practical procedures for conducting fire scene inspections Laboratory examination of fire debris to test for the presence of ignitable liquid residues and for potential ignition sources Relevant scientific principles as applied to 30 actual fires The evolution of the mythology of arson investigation The common root causes of errors in fire investigation The final chapter discusses the professional practice of fire investigation. It examines quality assurance, business practices, and the fundamentals of being an expert witness, with advice for giving testimony in depositions and at trial. Other highlights of the second edition include new and expanded discussions on novel training methods, first assumptions, computer fire modeling, low voltage ignition sources, the questionable validity of some origin determinations, and recent changes in NFPA 921. Thorough and accessible, this volume not only provides the practical information necessary to conduct an effective inquiry but also offers insight into the science, history, and theory behind what makes fire investigation a multi-faceted profession. John Lentini discusses the book in a video on the CRC Press YouTube Channel.

Drug Abuse Handbook Second Edition

Author : Steven B. Karch, MD, FFFLM
ISBN : 9781420003468
Genre : Law
File Size : 22. 92 MB
Format : PDF, Kindle
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Following the well-received first edition, the Drug Abuse Handbook, Second Edition is a thorough compendium of the knowledge of the pharmacological, medical, and legal aspects of drugs. The book examines criminalistics, pathology, pharmacokinetics, neurochemistry, treatment, as well as drugs and drug testing in the workplace and in sports, and the ethical, legal, and practical issues involved. Dr. Karch gathers contributions from 80 leading experts in their respective fields to update and revise this second edition with more than 40 percent new material. New topics include genetic testing in drug death investigation, the neurochemistry of nicotine and designer amphetamines, genetic doping in sports, and the implications of the Daubert ruling on the admissibility of scientific evidence in federal court. Packed with the latest information in an easily accessible format, the book includes tables of all Scheduled Drugs, methods of Drug Quantitative Analysis, and a glossary of forensic toxicology terms. Vivid pictures and diagrams illustrate the pathological effects of drugs and the chemical make-up and breakdown of abused drugs. It includes more than 6000 references to the best sources in medicine, pharmacology, and the law. This book addresses specific problems in drug testing, drug-related medical emergencies, and the physical, neurochemical, and sociological phenomenon of addiction. With unparalleled detail and the highest level of authoritative information, The Drug Abuse Handbook, Second Edition is the definitive resource for drug related issues.

Drug And Medical Device Product Liability Deskbook

Author : James Beck
ISBN : 1588521214
Genre : Medical
File Size : 71. 63 MB
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This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.

Product Liability

Author : Richard J. Heafey
ISBN : 1588520676
Genre : Law
File Size : 35. 13 MB
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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.

Foreseeable Risk

Author : Tom Taormina
ISBN : 1936360004
Genre : Law
File Size : 56. 29 MB
Format : PDF
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Plaintiffs typically spend vast amounts of time, energy and resources in products liability litigation in determining proximate cause and cause-in-fact through forensic investigations. Defendants typically expend similar amounts of resources proving their innocence. On both sides, cadres of expert witnesses relentlessly write conflicting reports and give obtuse testimony often leaving the decisions of causation and consequences to the emotional consensus of a jury. This book offers a much more exact science that can provide unimpeachable testimony for causes-in-fact, concurrent causes, combined causes, foreseeable risk, breach of warranty, design defects, failure to warn, res ipsa loquitur, negligence per se, risk utility and duty owed. Using proven tools grounded in quality and organizational management practices, it can be determined, through discovery and depositions, that the defendant's practices and standard of care were beyond either reproach, or the cause-in-fact of the accident. Author Tom Taormina has a history of 40 years in quality management and a decade of successful litigation support as a foundation. His breakthrough approach, applied in the discovery stage of cases, ensures the most efficient and equitable resolution for the clients, plaintiffs and defendants, while lowering the direct costs for all involved. This approach is called Forensic Business Pathology® (FBP), a proprietary methodology used to evaluate the integrity of the business management, quality control and manufacturing practices of a defendant company. The outcome of an FBP investigation can show irrefutably that a company either did or did not exercise an appropriate standard of care, discipline and social responsibility in the production of the subject product or service. FBP is the most comprehensive approach to investigation that looks beyond the failed product incident to uncover whether or not the producing company is guilty of willful or negligent disregard for the consequences of its product failure or for alleged organizational negligence. For enlightened business leaders, FBP is a strategy for achieving peak performance while immunizing the company from products liability and organizational negligence. By virtually eliminating product defects and service errors, organizations can achieve unparalleled pinnacles of customer service. For savvy litigators, FBP is a strategy for assessing the standard of care of a defendant company to measurable standards and scientifically proving or disproving negligence. By assessing business processes with forensic precision, the wellness of a company becomes an irrefutable barometer of its legal culpability. FBP is equally applicable and compelling for plaintiff and defense. This book chronicles the evolution of Forensic Business Pathology, drawing lessons from Project Apollo and providing the reader with a new set of tools that can be used immediately to diagnose business health and well-being to new standards of precision and practicality.

Products Liability Law Practice Science

Author : Sol Schreiber
ISBN : STANFORD:36105044377898
Genre : Products liability
File Size : 71. 9 MB
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