Product Liability Litigation: Current Law, Strategies and Best Practices provides the comprehensive legal, technical, and strategic knowledge that can help maximize an attorney’s ability to prevail in consumer product liability cases. Addressing both plaintiff and defense perspectives, the book covers trends in product claims and defenses, strategies for managing and resolving product litigation, and particular issues and tactics that can arise in different types of product cases.

Highlights from the latest update:

• Chapter 2, Recent Trends in Product Claims and Product Defenses, provides an updated discussion of artificial intelligence (Section 2:2.1); changes to the Federal Rules of Evidence and Civil Procedure (Section 2:3); public nuisance and product liability, including prescription opioids litigation, climate change litigation, and social media litigation (Section 2:4); class actions (Section 2:5); and personal jurisdiction (Section 2:6).
• Chapter 4, Preemption Defenses, new discussion of over-the-counter products (Section 4:7); transportation of hazardous materials (Section 4:13.3).
• Chapter 5, Defending Class Action Lawsuits, outlines the effects of the Bristol-Myers Squibb case on various federal circuit courts (Section 5:3.4).
• Chapter 6, Litigation in Foreign Countries Against U.S. Companies, covers international privilege considerations (Section 6:2.2).
• Chapter 7, Emerging Issues in Pharmaceutical Litigation, updated discussion of proposed Rule 16.1 of the Federal Rules of Civil Procedure (Section 7:2.1[A]); preservice removal (Section 7:2.1[B]); the learned intermediary doctrine (Section 7:2.2); the Anti-Kickback Statute (Section 7:4.1); opioid product enforcement (Section 7:4.2); speaker program enforcement (Section 7:4.5); litigation related to COVID-19 (Section 7:5.2) and litigation involving life sciences companies (Section 7:5.3).
• Chapter 8, Recent Developments in Asbestos, Talc, Silica, Tobacco, and E-Cigarette/Vaping Litigation in the U.S. and Canada, discussion of consent by registration and the U.S. Supreme Court’s Mallory decision (Section 8:1.2[B]); new coverage of the Ennis class action (Section 8:4.1[C][3]); updates on Engle Progeny cases (Section 8:6.2); FDA “Deeming Regulations” (Section 8:8.1); Canada’s Vaping Products Reporting Regulations (Section 8:9.2); and a recent proposed class action in British Columbia (Section 8:9.3).
• Chapter 9, Emerging Issues in Medical Device Litigation, new discussion of state law claims for failure to report adverse events (Section 9:1.2[E]); liability of sales representatives in fraudulent joinder contexts (Section 9:2.4); and 510(k) clearance evidence (Section 9:3.4).
• Chapter 11, Emerging Issues in Food Law and Litigation, new discussion of the reasonable consumer standard (Section 11:4.2[B]).
• Chapter 12, Regulating Cannabis Products, new discussion of rescheduling efforts under the Biden Administration (Section 12:2.2[B]); updated discussion of dual sovereignty (Section 12:2.6); traditional products liability claims (Section 12:3) and labeling class actions (Section 12:3.1).
• Chapter 14, Emerging Trends: Smart Technology and the Internet of Things, covers updates on federal regulation of Internet of Things devices (Section 14:6.2).
• Chapter 21, Class Action Settlements, new discussion of mass arbitrations (Section 21:3.3[D][6]).
• Chapter 22, Mass Tort Settlement Strategies, includes opioids settlements involving states and their subdivisions (Section 22:6).
• Chapter 26, Expert Evidence—Law, Strategies and Best Practices, covers post-Daubert decisions (1993 to 2000) (Section 26:2.4), 2023 amendments to Federal Rule of Evidence 702 (Section 26:3); new discussion of MDL litigation involving ranitidine (Section 26:8.1).
• Chapter 28, Statistical Evidence in Products Liability Litigation, new discussion of litigation over the drug atorvastatin (Section 28:5.4); recent cases involving meta-analyses (Section 28:8.5); and multiple testing (Section 28:10).
• Chapter 32, Spoliation of Product Evidence, new discussion of Federal Rule of Civil Procedure 37(e) and the spoliation inference sanction regarding electronically stored information (ESI) (Section 32:6.2[D][2]).
• Chapter 34, How to Win a Dismissal When the Plaintiff Declares Bankruptcy, contains an updated table of cases seeking summary judgment or dismissal based upon judicial estoppel and/or lack of standing, organized by jurisdiction (Appendix 34A).
• Chapter 36, Preparing for the Appeal, updated case citations throughout the chapter.

Order a print copy today.

PLI PLUS subscribers can access this title through their subscription.