Showing Their Cards?
by Marc Stern on Jul.21, 2009
Today Erin Marie-Daly, over at Law 360 (Subscription required, but it’s well worth it!) had a great piece on Top product Liability Motions and How to Win Them.
In it, a group of top product liability defense attorneys, including Mark Miller, a partner at Wildman Harrold Allen & Dixon LLP, who typically represents medical device, pharmaceutical, heavy equipment and consumer products manufacturers, George Soule, a managing partner at Bowman and Brooke LLP who does defense work in commercial, personal injury and product liability litigation, and James W. Huston, a partner at Morrison & Foerster LLP who represents product manufacturers, all talk trial strategy in product liability cases, with specific recommendations for how the defense can win key motions.
The piece details defense trial strategies around Motions for Summary Judgment, Motions to Strike Cause of Action, Motions to Require Re-Enactment, Motions to Exclude ‘Other Accident’ Evidence Motions to Strike Punitive Damages, Motions in Limine, Daubert Motions, Motion to Bifurcate Trial and Jury Instructions.
For plaintiffs’ attorneys, reading the piece is not quite like being handed the other side’s playbook, but it’s close.