Sign up for this seminar now to learn more about Product Liability and the issues that surround it. This seminar is designed for attorneys, in-house counsel, risk managers, claims professionals and product manufacturers. The experienced faculty will cover such topics as legal theories and recent developments, discovery in the product liability case, the critical role of experts, ethical considerations and trial considerations.
9:00 a.m. - 10:00 a.m.
I. Legal Theories And Recent
A. Tennessee Products Liability Act
1. What Constitutes A 'Product Liability Action'
2. Defect vs. Unreasonably Dangerous Condition
3. Elements Of Proof Specific Theories
4. Consumer Expectations vs. Prudent Manufacturer Tests
5. Limitations Of Actions Statute Of Repose
6. Compliance With Government/Industry Standards
7. Sealed Container Doctrine
8. Failure To Warn
9. Expert Testimony Requirements
10. The Critical Role Of Causation Proof
10:00 a.m. - 10:15 a.m.
10:15 a.m. - 11:15 a.m.
II. Selected Defense Theories
A. Alteration Or Abuse
B. Owner Specifications
C. Component Parts Doctrine
D. Specific Regulations/Private Rights Of Action
E. Customary Manufacturing Methods
F. Design Theory Defenses
G. Spoliation As A Defense
11:15 a.m. - 12:15 p.m.
III. Discovery In The Product Liability
A. The Manufacturer's Records
1. Prior Accidents Or Incidents
2. Protective Orders Trade Secrets And Proprietary Information
3. Subsequent Remedial Measures
4. Self-Critical Analysis Privilege
B. Depositions Of Key Witnesses
1. Preparing The Witness
2. Covering The Bases
3. Deposition Strategies
4. Handling Privileged Matters And Objections
12:15 p.m. - 1:15 p.m.
Lunch (On Your Own)
1:15 p.m. - 2:15 p.m.
IV. The Critical Role Of Experts
A. Finding And Preparing Your Experts
1. Do You Need An Expert?
2. Background And Qualifications
3. Active Involvement In Investigation
4. Documentation, Handling Of Evidence And Spoliation
5. Building The Foundations For Admissible Opinion Testimony
6. The Rule 26 Report
B. Daubert Considerations
2. Reliability And Relevance
3. Deposition Strategies
4. Daubert Challenges And Hearings
5. How To Handle Changing Theories And Post-Hearing Motions
6. Recent Caselaw Developments
C. Effective Use Of Experts At Trial
1. Expert As Educator
2. Narrative Statements/ Demonstrative Aids
3. The Exemplar Model
4. Juror Notebooks
2:15 p.m. - 3:15 p.m.
V. Ethical Considerations
A. Ethics In Discovery
1. Document/Written Discovery
2. Deposition Discovery
3. Preservation/Spoliation Of Evidence
4. Client And Health Care Confidentiality
5. Avoiding Conflicts Of Interest
3:15 p.m. - 3:30 p.m.
3:30 p.m. - 4:00 p.m.
VI. Trial Considerations
A. Mock Juries
B. Motions In Limine
C. Jury Issues And Voir Dire
D. Demonstrative Evidence And Presentations At Trial
4:00 p.m. - 4:30 p.m.