Science and Litigation

Author: Terrence F. Kiely
Publisher: CRC Press
ISBN: 1420042610
Format: PDF, ePub, Docs
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The question "what is science" has been one of the most vigorously contested legal questions as to what is legally acceptable scientific foundation for the submission of expert opinion in a wide variety of cases, especially in products liability cases. The answer usually lies in the outcomes of past cases as well as objective scientific literature. But how do we relate past decisions to biotechnology, bioinformatics, in-silico biology, genome mapping, and other new scientific developments? And just how valid are peer-reviewed studies when they are performed in house or funded by companies with a stake in the product? Science and Litigation: Products Liability in Theory and Practice addresses these and many other questions involving the relationship between the physical and biological sciences and the civil justice system. First, it reviews scientific legal theory by highlighting landmark cases, analyzing the scientific peer-review process, and examining the relationship between scientific causal theory and legal causation rules. Then the book addresses the practical issues involved in prosecuting or defending the science-based case, from pretrial discovery to choosing an expert witness. Products liability litigation can be a long and arduous task for everyone involved. This practical guide makes it a little easier. Taking you from research to courtroom, Science and Litigation: Products Liability in Theory and Practice provides information about the admissibility of scientific ideas and leads both expert witness and attorney through the necessary steps to be successful in litigation.

Handbook of Human Factors in Litigation

Author: Y. Ian Noy
Publisher: CRC Press
ISBN: 0203490290
Format: PDF, Kindle
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Using ergonomics in forensics can help prevent the recurrence of system failures through engineering or administrative controls. It can also raise the level of concern among professionals and the public regarding product, workplace, and service safety due to perceived exposure to liability. Even with such a potentially important and broad impact, forensic human factors is a subject that is neither taught nor systematically practiced. There is little documentation to help develop a knowledge of the field in a systematic way, nor is there a large pool of qualified practitioners. The Handbook of Human Factors in Litigation provides a comprehensive reference that provides the tools necessary for the preparation, analysis, and presentation of forensic evidence. Compiled by experienced, internationally respected authors, this handbook represents the state-of-the-art in the application of ergonomics to forensic investigation. It contains information on the litigation process, forensic approaches and methods, important scientific data in the major application areas, and valuable case studies. For legal and forensic practitioners, this handbook will serve as an indispensable reference and as the foundation for further development of formal study in the field. For product and workplace designers and managers, it is a useful tool in the management of exposure to liability.

Drug Abuse Handbook Second Edition

Author: Steven B. Karch, MD, FFFLM
Publisher: CRC Press
ISBN: 1420003461
Format: PDF
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Following the well-received first edition, the Drug Abuse Handbook, Second Edition is a thorough compendium of the knowledge of the pharmacological, medical, and legal aspects of drugs. The book examines criminalistics, pathology, pharmacokinetics, neurochemistry, treatment, as well as drugs and drug testing in the workplace and in sports, and the ethical, legal, and practical issues involved. Dr. Karch gathers contributions from 80 leading experts in their respective fields to update and revise this second edition with more than 40 percent new material. New topics include genetic testing in drug death investigation, the neurochemistry of nicotine and designer amphetamines, genetic doping in sports, and the implications of the Daubert ruling on the admissibility of scientific evidence in federal court. Packed with the latest information in an easily accessible format, the book includes tables of all Scheduled Drugs, methods of Drug Quantitative Analysis, and a glossary of forensic toxicology terms. Vivid pictures and diagrams illustrate the pathological effects of drugs and the chemical make-up and breakdown of abused drugs. It includes more than 6000 references to the best sources in medicine, pharmacology, and the law. This book addresses specific problems in drug testing, drug-related medical emergencies, and the physical, neurochemical, and sociological phenomenon of addiction. With unparalleled detail and the highest level of authoritative information, The Drug Abuse Handbook, Second Edition is the definitive resource for drug related issues.

Drug and Device Product Liability Litigation Strategy

Author: Mark Herrmann
Publisher: Oxford University Press
ISBN: 0199750246
Format: PDF, Kindle
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Each year, thousands of lawsuits are filed in federal and state courts seeking recovery from manufacturers of pharmaceuticals and medical devices. These lawsuits include individual actions, actions consolidated into multidistrict litigation, and class actions. The litigation occasionally becomes life-threatening for the defendant corporations, and may breed a public relations nightmare, as occurred with Vioxx, breast implants, and fen-phen. Drug and Device Product Liability Litigation Strategy, by Mark Herrmann and David B. Alden, offers assistance to lawyers who practice in this high-stakes, high-profile, and rapidly-evolving area. The book's primary focus is to provide useful practice pointers and overall strategic guidance for attorneys in product liability litigation involving prescription drugs and medical devices. It will serve as an indispensable guide to handling such a case from pre-litigation through trial. The legal landscape in this important area is expected to shift as the Supreme Court's decisions in Riegel v. Medtronic, Inc. and Wyeth v. Levine are applied, and as the President and Congress address tort reform and other health care issues. Practitioners will need thoughtful, expert advice to navigate these changes.

Product Liability

Author: Richard J. Heafey
Publisher: Law Journal Press
ISBN: 9781588520678
Format: PDF
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From the initial client interview through every step in building the case, this book provides hundreds of valuable ideas and tactics from the perspective of both plaintiffs' and defendants' counsel.

Toxic Tort Litigation

Author: D. Alan Rudlin
Publisher: American Bar Association
ISBN: 9781590317341
Format: PDF, ePub, Mobi
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Trying a toxic tort case is unlike other high-stakes litigation. This guide explores the legal elements that distinguish toxic tort litigation, explaining theories of liability and damages as well as procedural and substantive defenses. Chapters cover scientific and medical evidence, causation, trial management and strategy, settlement, and specialized litigation, including mold, lead, asbestos, silica, food products, pharmaceuticals, and MTBE.

Products Liability in a Nutshell

Author: David G. Owen
Publisher: West Academic
ISBN:
Format: PDF, ePub, Mobi
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Fast, reliable source on products liability. This authoritative summary shows how a rule is applied and its rationale; addresses procedure and strategy questions; and discusses common-sense issues. In addition, this text covers the definition and scope of products liability; causes of action; damages; remedies; jurisdiction; production and design defects; inadequate warnings and instructions; misrepresentation; and problems of proof.