Products Liability Litigation: Discovering and Using Evidence (or Absence) of Other Similar Incidents
Recording of a 90-minute CLE video webinar with Q&A
This CLE course will prepare product liability counsel to argue for or against letting the jury hear evidence of other incidents (or the lack thereof) involving the same or substantially similar products under substantially similar occurrences. The panel will also discuss the risks and benefits to product manufacturers of collecting incident data before litigation with an eye toward maximizing the chance of favorable rulings.
Outline
- Strategies regarding the admission or exclusion of OSI evidence
- Restricting the scope of other incidents through written discovery and responding to requests for disclosure of incidents
- Limiting the relevance of incidents through opposing counsel's experts
- Attacking purported relevance of OSI evidence
- Dealing with OSI at trial
- Strategies to introduce evidence of lack of similar incidents
- Laying the foundation during discovery and at trial
- Countering common objections by plaintiff's counsel
- The basis for the admissibility of evidence regarding the absence of OSIs
- Counseling clients to establish solid recordkeeping procedures
Benefits
The panel will review these and other key issues:
- What types of evidence may be introduced as OSI, and what foundational issues exist with regard to different types of OSI evidence?
- When can incidents involving a different product, different product model, or different product model year constitute OSI evidence?
- How can product liability counsel use favorable evidence of OSI or the lack of similar incidents to bolster their own client's case?
- What are best practices for reporting and maintaining records of product incidents that will benefit product manufacturers in the event of future litigation?
Faculty
Emily J. Rogers
Member
Campbell Conroy & O'Neil
Ms. Rogers is a Member in the Pennsylvania office of Campbell Conroy & O’Neil. She is a seasoned trial... | Read More
Ms. Rogers is a Member in the Pennsylvania office of Campbell Conroy & O’Neil. She is a seasoned trial attorney with first-chair experience. Ms. Rogers practice focuses on defending companies in complex negligence and products liability cases involving catastrophic personal injuries, allegations of wrongful death, and property damage. She also has experience with commercial disputes involving complicated contract and indemnification issues as well as insurance coverage matters. Ms. Rogers represents clients a diverse range of industries including insurance, construction, automobile and heavy equipment manufacturing, aviation, trucking, and property owners, and she litigates cases in state and federal courts in Pennsylvania, New Jersey, and as national counsel in many other jurisdictions. Since 2015, Ms. Rogers has been recognized as a Pennsylvania Super Lawyers “Rising Star,” and is a 2014 graduate of the International Association of Defense Counsel Trial Academy at Stanford Law School in Palo Alto, California. She is an active member of several professional organizations, as well as the firm’s Diversity Committee.
Close
Katherine A. Wang
Member
Campbell Conroy & O'Neil
Ms. Wang focuses her practice on complex product liability defense and appellate practice in the defense of high stakes... | Read More
Ms. Wang focuses her practice on complex product liability defense and appellate practice in the defense of high stakes cases of personal injury and property damage in state and federal litigation across the country. She works closely with the firm’s trial teams and clients across varied practice areas in developing pre-litigation and litigation strategies in state and federal courts throughout the country. Ms. Wang drives the trial teams’ strategic analysis of potential appellate issues that arise during trial, as well as during pre- and post-trial proceedings. She plays an integral role in the extensive motion practice involved in bringing cases to trial, as well as the briefing necessary at all stages of a case to ensure legal issues are presented and preserved to ensure the highest chance of success at trial and on appeal.
Close