SCIENCE AND LITIGATION PRODUCTS LIABILITY IN THEORY AND PRACTICE

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Science And Litigation

Author : Terrence F. Kiely
ISBN : 9781420042610
Genre : Law
File Size : 88.65 MB
Format : PDF, ePub
Download : 562
Read : 292

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.
Category: Law

Drug And Device Product Liability Litigation Strategy

Author : Mark Herrmann
ISBN : 9780199750245
Genre : Law
File Size : 41.11 MB
Format : PDF, Docs
Download : 988
Read : 689

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.
Category: Law

Scientific Protocols For Fire Investigation Second Edition

Author : John J. Lentini
ISBN : 9781439875988
Genre : Law
File Size : 37.50 MB
Format : PDF
Download : 318
Read : 300

Knowledge of the science behind fires is critical to understanding a fire’s cause and successfully presenting that determination to the authorities or in litigation. Now in its second edition, Scientific Protocols for Fire Investigation focuses on the practical application of scientific principles to determine the causes of fires. Uniquely qualified with years of experience in on-site investigations, lab analyses, and courtroom presentation, the author provides a resource that is unparalleled in depth and focus. The book explores: The history of fire investigation and the basic chemistry and physics of fire The science of fire dynamics—how things burn and how they interact with their surroundings while doing so Practical procedures for conducting fire scene inspections Laboratory examination of fire debris to test for the presence of ignitable liquid residues and for potential ignition sources Relevant scientific principles as applied to 30 actual fires The evolution of the mythology of arson investigation The common root causes of errors in fire investigation The final chapter discusses the professional practice of fire investigation. It examines quality assurance, business practices, and the fundamentals of being an expert witness, with advice for giving testimony in depositions and at trial. Other highlights of the second edition include new and expanded discussions on novel training methods, first assumptions, computer fire modeling, low voltage ignition sources, the questionable validity of some origin determinations, and recent changes in NFPA 921. Thorough and accessible, this volume not only provides the practical information necessary to conduct an effective inquiry but also offers insight into the science, history, and theory behind what makes fire investigation a multi-faceted profession. John Lentini discusses the book in a video on the CRC Press YouTube Channel.
Category: Law

Drug Abuse Handbook Second Edition

Author : Steven B. Karch, MD, FFFLM
ISBN : 9781420003468
Genre : Law
File Size : 32.21 MB
Format : PDF
Download : 734
Read : 164

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.
Category: Law

Drug And Medical Device Product Liability Deskbook

Author : James Beck
ISBN : 1588521214
Genre : Medical
File Size : 70.83 MB
Format : PDF, Docs
Download : 673
Read : 407

This timely guide covers all aspects of litigation involving drugs, medical devices, vaccines and other FDA-regulated prescription products.
Category: Medical

Handbook Of Human Factors In Litigation

Author : Y. Ian Noy
ISBN : 9780203490297
Genre : Technology & Engineering
File Size : 90.72 MB
Format : PDF, ePub, Mobi
Download : 431
Read : 817

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.
Category: Technology & Engineering

Toxic Tort Litigation

Author : D. Alan Rudlin
ISBN : 1590317343
Genre : Law
File Size : 62.92 MB
Format : PDF, Mobi
Download : 852
Read : 210

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.
Category: Law

Drug And Device Product Liability Litigation Strategy

Author : Mark Herrmann
ISBN : 9780199734948
Genre : LAW
File Size : 50.92 MB
Format : PDF, ePub, Docs
Download : 971
Read : 706

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.
Category: LAW

Products Liability

Author : Jerry J. Phillips
ISBN : STANFORD:36105063278050
Genre : Law
File Size : 33.60 MB
Format : PDF
Download : 633
Read : 1218

Category: Law