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 : 34. 62 MB
Format : PDF
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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.

Handbook Of Human Factors In Litigation

Author : Y. Ian Noy
ISBN : 9780203490297
Genre : Technology & Engineering
File Size : 37. 30 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.

Drug And Device Product Liability Litigation Strategy

Author : Mark Herrmann
ISBN : 9780199750245
Genre : Law
File Size : 82. 74 MB
Format : PDF, Kindle
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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 : 60. 30 MB
Format : PDF
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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.

Drug Abuse Handbook Second Edition

Author : Steven B. Karch, MD, FFFLM
ISBN : 9781420003468
Genre : Law
File Size : 57. 37 MB
Format : PDF, Mobi
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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.

Product Liability

Author : Richard J. Heafey
ISBN : 1588520676
Genre : Law
File Size : 89. 84 MB
Format : PDF, ePub, Mobi
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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.

Drug And Medical Device Product Liability Deskbook

Author : James Beck
ISBN : 1588521214
Genre : Medical
File Size : 20. 17 MB
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This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.

Products Liability Law Practice Science

Author : Sol Schreiber
ISBN : STANFORD:36105044377898
Genre : Products liability
File Size : 67. 31 MB
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Products Liability In A Nutshell

Author : David G. Owen
ISBN : STANFORD:36105063697374
Genre : Law
File Size : 45. 94 MB
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Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.

Developing New Contraceptives

Author : Committee on Contraceptive Development
ISBN : 9780309564526
Genre : Medical
File Size : 32. 78 MB
Format : PDF, Docs
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There are numerous reasons to hasten the introduction of new and improved contraceptives--from health concerns about the pill to the continuing medical liability crisis. Yet, U.S. organizations are far from taking a leadership position in funding, researching, and introducing new contraceptives--in fact, the United States lags behind Europe and even some developing countries in this field. Why is research and development of contraceptives stagnating? What must the nation do to energize this critical arena? This book presents an overall examination of contraceptive development in the United States--covering research, funding, regulation, product liability, and the effect of public opinion. The distinguished authoring committee presents a blueprint for substantial change, with specific policy recommendations that promise to gain the attention of specialists, the media, and the American public. The highly readable and well-organized volume will quickly become basic reading for legislators, government agencies, the pharmaceutical industry, private organizations, legal professionals, and researchers--everyone concerned about family planning, reproductive health, and the impact of the liability and regulatory systems on scientific innovations.

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