Product Liability
DRI Product Liability Committee
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Research Data from Published Papers Generally Should Be Available
Nathan A. Schachtman 7/23/2013

Mr. Ruskin’s blog post calls attention to the important problem of access to research data in litigation and other contexts. The effort to obtain Dr. Racette’s underlying data is an interesting case study in these legal discovery battles. view more

When Should Data Underlying Scientific Studies Be Discoverable?
Bill Ruskin 7/22/2013

There is significant tension between the goals of scientific research and the demands of litigation. For scientific researchers, the amount of time required to respond to discovery takes away valuable time that might be otherwise devoted to research. Injustice and unfairness may result when a scientist, who has taken no part in litigation, is served with a lengthy subpoena requiring him to devote large chunks of time to produce the required information. view more

Energy Drink Manufacturers Trend towards Product Reclassification
Jonathan P. Ciottone 6/18/2013

Over the past several years the energy drink industry has proven to be wildly popular with consumers, boasting massive gains and a strong foothold in the marketplace. According to a recent report from Packaged Facts, in 2012, the total U.S. sales for the energy drinks/shots market totaled more than $12.5 billion and are anticipated to swell to $21.5 billion by the year 2017. view more

The Economic Loss Rule: An Under-Utilized But Not-So-Secret Weapon
Bill Ruskin 5/15/2013

In a decision issued on March 7, 2013, the Supreme Court of Florida reaffirmed Florida’s commitment to adherence to the economic loss rule in product liability litigation. In Tiara Condominium Association, Inc. v. Marsh & McLennan Companies, Inc. etc., et al., No. SC10-1022, the high court provides a helpful discussion of the origin and development of the economic loss rule. view more

Mary Carter and Other Agreements Should Be Disclosed To Juries
Bill Ruskin 4/30/2013

As a general proposition, a defendant at trial suffers unfair prejudice when the court does not permit the jury to learn of certain facts that, if disclosed, would reveal a witness’s bias or self-interest. If a witness with no apparent motive for lying gives strong testimony favoring one side at trial, that testimony may have a significant impact on the jury. It is for this reason that all potential bias or self-interest of both fact and expert witnesses must be vigorously explored during pre-trial discovery. view more

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