Post-sale Duties: How to Comply and How to Defend Product Liability Litigation after Recalls

Recording of a 90-minute CLE webinar with Q&A

Conducted on Tuesday, April 2, 2019

Recorded event now available

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Program Materials

This CLE webinar will provide in-house and outside products liability counsel with a review of current and evolving legal trends in complying with and defending the adequacy of recalls and other post-sale activities. The panel will discuss best practices for managing and defending recalls, typical case theories in lawsuits alleging inadequate recalls, and strategies to defend the product after a recall has occurred.

Description

The post-sale duties of manufacturers and other entities in the chain of production and distribution have significantly expanded in scope and complexity over the past several years. Manufacturers must be prepared to analyze post-sale responsibilities, to report to any applicable government agency, and to recall or retrofit their products if appropriate.

Also, counsel to manufacturers and product sellers must develop a strategy for defending the adequacy of the recall or other post-sale action. Swift and affirmative action in instituting a recall, drafting a carefully worded recall message, and promptly evaluating claims are keys to mitigating liability.

Listen as our authoritative panel reviews the latest legal and practical developments related to when and how to do a recall and then discusses how to defend the adequacy of recall remediation efforts in product liability litigation.

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Outline

  1. Current legal trends regarding the duty to recall and adequacy of recalls
  2. Requirements imposed by various governments
  3. Typical product liability case theories
  4. Defense strategies to defend recall process
  5. Product liability defense after a recall
  6. Insurance coverage for product recalls

Benefits

The panel will review these and other key issues:

  • What are the latest legal trends impacting the defense of the adequacy of product recalls?
  • What are the plaintiffs' case theories in these cases?
  • What are best practices for meeting the post-sale duty to warn, including recalling the product?
  • What are the best ways to defend lawsuits alleging recall inadequacies?
  • What are the critical insurance coverage issues and challenges for product recalls?

Faculty

Ross, Kenneth
Kenneth Ross
Of Counsel
Bowman and Brooke

Mr. Ross practices in the areas of product safety, product liability prevention, and regulatory compliance. He...  |  Read More

Soule, George
George W. Soule
Partner
Soule & Stull

Mr. Soule has tried over sixty cases to verdict involving product liability, commercial and negligence claims. He has...  |  Read More

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