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Tag Archives: Trial Tips & Technology

The Achilles Heel Of A Plaintiff’s Product Liability Lawsuit.

26 Friday Dec 2014

Posted by Celia C. Elwell, RP in Litigation, Product Liability, Trial Tips and Techniques, Verdict

≈ Comments Off on The Achilles Heel Of A Plaintiff’s Product Liability Lawsuit.

Tags

Dangerous Products, Dr. Ken Broda-Bahm, Persuasive Litigator Blog, Product Liability, Trial Tips & Technology, Verdicts

Address the Most Dangerous Feature of Your Product: Dishonesty, by Dr. Ken Broda-Bahm, Persuasive Litigator Blog

http://tinyurl.com/lkl6jfw

One stereotype of the litigious American society suggests that jurors are willing to hold manufacturers and sellers responsible for even the most obvious product dangers:  a ladder that allows its user to fall, or a cup of coffee that turns out to be hot. While anecdotes abound — some true, and some false — our experience is that product danger alone rarely drives a verdict. Instead, jurors need to see something else in order to generate sufficient anger to deliver any sizeable verdict against the company. That ‘something else’ can be boiled down to one word:  dishonesty. Jurors know that products are dangerous. They have no trouble placing personal responsibility on adults who knowingly use dangerous products. What they are less able to abide is incomplete information. Whether the company is failing to investigate, providing inadequate or false warnings, working around regulations, or simply withholding information, the jury is less willing to say ‘buyer and user beware’ and more willing to put responsibility on manufacturers and sellers.

With 10 of the top 50 verdicts of last year coming from defective product suits, we do know that jurors are willing to hold manufacturers responsible. At the same time, the important ingredients that drive those damages are often found in the company’s behavior rather than in the product itself. A good example can be found in attitudes and behaviors surrounding tobacco use. Based on the results of a pair of studies, the public is more likely to reject a ‘deceptive’ product than it is to reject a merely ‘dangerous’ product. . . .

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Tech Tips for Document Review, Production, and Trial.

15 Tuesday Apr 2014

Posted by Celia C. Elwell, RP in Discovery, Document Review, Exhibits, Legal Technology, Requests for Production, Subpoena Duces Tecum, Technology, Trial Tips and Techniques

≈ 2 Comments

Tags

California State Bar, Cogent Legal Blog, Document Production, Document Review, Law Practice Management and Technology Section, Michael Kelleher, Trial, Trial Tips & Technology

5 Tech Tips for Document Review, Production and Use at Trial, by Michael Kelleher, Cogent Legal Blog

http://tinyurl.com/kv3jy3f

Mr. Kelleher not only shares the technology tips from his recent webinar, but is kind enough to offer his e-mail address and telephone number should you have any questions. Nice guy! -CCE

On Wednesday, April 9, I gave a webinar on technology tips for document review, production and use at trial for the Law Practice Management and Technology Section of the California State Bar. We’re going to be posting a few of the tips on the blog if you missed the webinar. You can also download a PDF of the slide deck with all 25 tech tips here. I hope that these tips save you some time. Email me (michael.kelleher@cogentlegal.com) or give me a call at 510-350-7616 if you have questions about this or any other aspect of litigation technology. . . .

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