2022 Product & Mass Torts Summit – Product Liability and Safety

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Winston & Strawn LLP held its second annual Product & Mass Torts Summit on June 7. The summit leveraged the collective experience of Winston’s Product Liability & Mass Torts group along with renowned guest speakers to explore effective strategies to capitalize on the changing legal landscape and combat common plaintiff tactics. The summit included six panels covering topics on understanding regulatory and compliance changes, developing scientific and epidemiological defenses, managing plaintiff maneuvers in MDLs, preparing corporate witnesses for trial, maximizing appellate success and understanding how outside counsel can partner with clients to defend against mass crimes. dispute. In case you missed it, here are our key takeaways from the Summit.

How the EPA, FDA, and Federal Regulators Drive Mass Tort Litigation

Federal regulatory agencies, such as the EPA and FDA, assess the health and safety risks associated with chemicals and products in many commonly used industrial, consumer, and food applications. These assessments generate mass litigation between private parties and in product liability. Companies need to understand what these agencies do, how the proposed changes may affect them, and what steps to take to minimize and mitigate mass exposure to torts and product liability.

Challenges and Opportunities in Developing a Scientific Defense Against Causation

Epidemiological evidence generally plays an important role in product liability and toxic tort proceedings. Properly analyzing the strengths and weaknesses of relevant epidemiological evidence is therefore a key aspect of asserting a strong causal defense.

Strategies for Dealing with Evolving Plaintiff Tactics in MDLs: Public Nuisance and Beyond

Plaintiffs seek settlements from defendants by filing large numbers of cases where barriers to entry are low. Defense attorneys should look for opportunities to point out the weaknesses of plaintiffs, ensure their credibility in court, and communicate frequently with their clients to define success in a difficult environment.

Preparation and presentation of corporate witnesses at trial

The proper preparation and presentation of corporate witnesses for trial is critical to successfully defending the client company. This requires ensuring that enough time is set aside in advance to carefully prepare the witness through mock direct and cross-examinations based on key facts, documents, depositions and other questions. relevant to the trial.

Critical Calls and Queries: Laying the Groundwork for a Successful Outcome

To maximize the chances of ultimate success on appeal, it is essential to identify and preserve the legal issues early in the litigation. One way to do this is to have appellate attorneys work with trial attorneys to write motions for ruling, motions in limine, and proposed jury instructions.

The Realities of Mass Crime: Inside Perspectives

The in-house counsel’s responsibilities for product liability and mass tort litigation go far beyond overseeing gains and losses in the courtroom and extend to partnering with the company to defending against brand attacks, crisis management, media and public relations activities, enlisting third-party allies in a global defense, and considering the impact of litigation on regulators and the business. Our distinguished in-house panel discussed how the best outside attorney will be a strategic and business partner advising on all of these aspects of mass liability litigation.

The content of this article is intended to provide a general guide on the subject. Specialist advice should be sought regarding your particular situation.

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