Our Partner, Anthony Gair will be speaking at LITIGATING THE PRODUCTS LIABILITY CASE: LAW AND PRACTICE NYC seminar presented by the New York State Bar Association. The Chair of the Seminar is Dennis J. Brady, Esq. a Partner at the preeminent New York defense firm, Goldberg Segalla LLP.
The Seminar will be held on Thursday, October 24, 2013 from 9:00 AM – 5:00 PM at The Holiday Inn Manhattan 440 W. 57th Street New York, NY 10019.
Other speakers are:
Brian T. Stapleton, Esq., Goldberg Segalla LLP, White Plains, NY David M. Glazer, Esq., Patterson Belknap, New York, NY Hon. John P. DiBlasi, White Plains, NY Brian Isaac, Esq., Pollack Pollack Isaac & Decicco, New York, NY Ellen H. Greiper, Esq., Goldberg Segalla, LLP John J. McDonough, III, Esq., Cozen O’Connor, New York, NY
To Register click here.
The Agenda for the Seminar is below.
9:00 – 9:10 a.m.Welcome and Introduction
9:10 – 10:00 a.m. I.The Law:Elements of the Plaintiff’s Case A.Negligence Actions: Design/Manufacturing Defect and Failure to Warn.
B.Strict Product Liability Actions: Design Defect, Failure to Warn and Manufacturing Defect C.The Role Played by Proof of Prior Similar Claims D.Early Investigation and Retention of an Expert
10:00 – 10:50 a.m. II.The Essential Defense Theories A.Identification of the Product/Early Retention of an Expert B.Establishing a Theme 1.Selling the Corporate Defendant to the Jury 2.Defense Theories: Establishing the Product as Reasonably Safe, Proof of Compliance with Government Industry Standards/State of Art and/or Unavailable Alternatives 3.Product Misuse/Comparative Fault/Product Alteration (The Robinson Rule)
C.Absence of Prior Similar Claims D.A Note of Successor Liability
10:50 – 11:05 a.m.Coffee Break
11:05 – 11:55 a.m. III.Discovery A.Effective Use of Interrogatories B.Getting the Full History of Prior Accidents C.Depositions/Expert Depositions (Exploration of Daubert / Frye Issues)
D.Disclosure of Plaintiff’s Claim of Injury and Damages E.Confidentiality Orders
11:55 a.m. – 1:00 p.m.Lunch (on your own)
1:00 – 1:50 p.m. IV.Motion Practice A.Adequacy of Expert Disclosure Under CPLR 3101(d) and FED.R.E.104(a) and 702 B.Admissibility of Expert Testimony under Daubert and Frye C.Motions In Limine
1:50 – 2:40 p.m. V.Mediation – A Mediator’s View & Nuances of the Product Mediation A.When to Mediate:Is it the Right Case?
B.Special Considerations in Mediating the Products Case C.Preparing the Submission D.Preparing Yourself and the Client for Mediation itself
2:40 – 2:55 p.m.Coffee Break
2:55 – 3:45 p.m. VI.Trial of the Plaintiff’s Case A.Preparation:Cost, Time Putting it Together B.Direct and Cross-Examination of the Experts C.Demonstrative Evidence D.Handling the Jury
3:45 – 4:35 p.m. VII.Trial of the Defendant’s Case A.The Resources B.Direct and Cross-Examination of the Experts C.Demonstrative Evidence D.Handling the Jury