Product Liability Advocate

Product Liability Advocate

Category Archives: General Litigation

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New York Appellate Courts Now Unified on Hague’s “Send versus Serve” Issue

Posted in General Litigation, Product Liability
New York’s appellate departments are now unified with respect to their interpretation of Article 10(a) of the Hague Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters (Hague Service Convention). The issue of whether Article 10(a) of the Hague Convention permits service of process by mail to a foreign… Continue Reading

Defending against Product Liability Down Under

Posted in General Litigation, Product Liability
In this second collaborative blog post with the Australia-based law firm DibbsBarker, we take a look at the litigation process for product liability claims in Australia and how in some ways it differs from the process in the United States. As detailed in the previous blog post, “Dealing with Product Liability Down Under,” there are… Continue Reading

FRE 502(d) – An Underutilized “Safety Net” in Document Intensive Litigation

Posted in e-Discovery, General Litigation, Product Liability
The inadvertent disclosure of privileged material may haunt a company for years, particularly in today’s era of pattern litigation and increased collaboration within the plaintiffs’ bar. Fortunately, in matters pending in federal court, this consequence can be avoided through the use of Federal Rule of Evidence (FRE) 502(d). The attorney-client privilege is arguably “the most… Continue Reading

Dealing with Product Liability Down Under

Posted in General Litigation, Product Liability
Up to now, we have written about many different topics on this site that focus on how product liability issues are litigated in the United States. Through a collaborative effort with our friends at the Australia-based law firm DibbsBarker, we offer the first in a series of blog posts and articles about product liability and… Continue Reading

Pennsylvania Product Liability Law Still Smoking after Reversal of Tincher

Posted in Construction equipment/building products, General Litigation
On November 19, 2014, the Pennsylvania Supreme Court issued its long-awaited decision in Tincher v. Omega Flex, Inc., No. 7 MAP 2013, a case closely followed by the Product Liability Bar in Pennsylvania. The Supreme Court’s decision was expected by many to resolve a lingering conflict in Pennsylvania product liability law. Of my many posts concerning… Continue Reading

The Government Contractor Defense

Posted in General Litigation, Industrial machinery, Product Liability
The government contractor defense is a potentially dispositive defense that can be raised by contractor-defendants in certain product liability cases. Understanding the basics of this defense, and in particular the requirements and scope of its application, is extremely important to companies that provide products with a military application. Quite often, the government contractor defense becomes… Continue Reading

E-Discovery Matters: “A Guide to ESI Preservation Responsibilities”

Posted in e-Discovery, General Litigation
I am pleased to announce the availability of our firm’s updated publication, A Guide to ESI Preservation Responsibilities [updated January 2016]. I believe this white paper serves as a useful resource to anyone dealing with the complicated issue of preservation of electronically stored information (ESI), particularly in product liability matters. The duty to preserve ESI and… Continue Reading

It’s the Mediator’s Form Agreement—Not Yours

Posted in General Litigation
Anyone with experience defending product liability claims has experience settling cases at mediation. Typically, a mediator will require the parties to sign a written mediation agreement prior to the mediation. Usually, the proposed agreement will state that the mediation is confidential. Some agreements are more detailed than others. Some go on to prohibit any attempts to… Continue Reading

Florida Court Says, “No Phishing Expeditions Allowed on a Plaintiff’s Facebook Page”

Posted in General Litigation
While it is true that social media has become one of the main sources for discovery in personal injury litigation, the basic tenets of discovery that apply to the standard document requests, also apply to this new technological source of information. The question of whether a demand for any and all information on the Facebook page… Continue Reading

My Structured Settlement Broker or Yours?

Posted in General Litigation
We all have been in negotiations that involve structured settlement proposals, and almost all plaintiffs’ attorneys have relationships with structured settlement brokers. Inevitably, when it’s time to place a structured settlement, the plaintiffs’ attorneys insist on using the structured settlement broker with whom they have a relationship. At first glance, this may not appear to… Continue Reading

The Hague Convention: Defending a Japanese Company in U.S. PL Litigation

Posted in General Litigation
Japan is currently the fourth-largest U.S. trading partner, exporting on average, $130 billion in goods to the United States each year. More than half of all of those goods are manufactured products in the form of vehicles or machinery, making Japanese companies subject to a significant exposure in the area of U.S. product liability litigation. The… Continue Reading

Why Do Florida Plaintiff’s Attorneys Dread the Application of Daubert?

Posted in General Litigation
Part 2 of Series on Florida’s Adoption of the Daubert Standard for Admissibility of Expert Testimony The Florida legislature’s adoption of the Daubert Standard for admissibility of expert testimony took several sessions to pass as a well-organized Plaintiff’s Bar fought hard against it. However, the legislature’s affinity for laws that promote the growth of business… Continue Reading

Discovery Deconstructed

Posted in General Litigation
Every product liability defense attorney has heard a phrase like this at the end of a deposition of a corporate representative: “This witness did not have adequate knowledge; this deposition is not over. I (plaintiff’s counsel) reserve my right to pursue further depositions of company representatives…” and so on.… Continue Reading

E-Discovery Requests have Skewed the Playing Field

Posted in e-Discovery, General Litigation
During the past decade, the discovery of electronically stored information (ESI) has come to the forefront of litigation. In particular, e-Discovery has created significant challenges in product liability actions where plaintiffs can seek tremendous volumes of ESI while having virtually no document production burdens of their own. Perhaps some plaintiffs are truly seeking that one… Continue Reading

Florida’s More Stringent Daubert Standard: Part 1

Posted in General Litigation
Florida jurors are now considering more reliable expert testimony since the Florida legislature reformed the court’s role in precluding unreliable expert testimony. Starting July 1, 2013, the court has to follow the Daubert standard, which requires a judge to exercise greater scrutiny of the facts and data on which an expert’s opinions are based.  As… Continue Reading

Welcome to Wilson Elser’s Product Liability Blog

Posted in General Litigation
Our goal is to share the insights of our more than 100 experienced product liability defense attorneys from 24 strategically-located offices throughout the United States. We will identify topics that are relevant to the substantive and procedural aspects of product liability defense. We will invite discussion among product liability claims handlers and defense counsel.… Continue Reading