Publications
Update on Punitive Damages Claims: A 50-State Survey
In this monograph, state authors discuss the recent development of laws in their states and how they impact both general and pharmaceutical litigation. The first topic of each chapter is the effect of FDA regulation and approval on the imposition of punitives. Second, the chapters discuss the insurability of punitive damages in their states. Finally, the authors analyze the limits on punitive damages, including those which are responsive to the recent Supreme Court rulings which have explored the constitutional limits on these damages.
The Use of Toxicology in Tort Litigation
This monograph reflects the increasing use of toxicology in tort litigation, as litigants have become more assertive about seeking compensation for personal injuries or property damage allegedly caused by exposure to harmful substances. While toxicology has long played a role in criminal cases, its use in civil litigation has emerged more recently and its importance to proving causation is now recognized by federal and state courts across the nation. Examples of cases where toxicology can play a determinative role include lawsuits over the use or misuse of pharmaceuticals, litigation about workplace exposure to toxins and claims arising out of environmental exposure to chemicals in the ground, water or air. This monograph surveys the use and treatment of toxicological evidence in each federal circuit and courts in all fifty states. The information reported in this publication is current as of August 2004.
Because of recent developments in the law relating to post-sale duties imposed on manufacturers and distributors, the Products Liability Committee of the Section of Litigation undertook a 50-state survey on this issue. The survey provides a comprehensive summary of current U.S. common law on post-sale responsibilities. The survey confirms that more than 30 states have either approved, or indicated that they would approve, the imposition of post-sale duties. The monograph also summarizes developments on this issue in Europe, and provides information on developments in U.S. and European regulatory law in this area. The monograph is an excellent starting point for those interested in learning the current trends that will influence a manufacturer’s manufacturing and sales activities, liability and litigation.
The Use of Epidemiology in Tort Litigation
This monograph is an overview of the law on the use of epidemiological evidence in the United States. For each jurisdiction, the authors have looked to see how (or whether) the case law defines epidemiological evidence; to examine the types of claims, types of products, and types of injury for which epidemiological evidence is used; to examine how epidemiological evidence is used to establish, or debunk, causation; and to examine factors about the evidence, or the experts who present it, that influence the admissibility of epidemiological evidence. The information reported in this publication is current through March, 2003.
2012 Corporate Counsel CLE Seminar
February 16–19, 2012
Carlsbad, CA
Litigators on Experts
This book provides a step-by-step guide to researching, retaining, and working with an expert witness.
A Century of Legal Ethics: Trial Lawyers and the ABA Canons of Professional Ethics
The ABA Canons of Ethics was adopted in 1908 and created ethical standards for lawyers.
