Articles/Publications
Why Are Americans At Grave Risk Of Catastrophic Injury In Rollover Accidents?In the United States every year, more than 355,000 Americans are injured or killed in rollover accidents. |
The Arizona Supreme Court Rejects Federal Preemption of Non-Airbag Crashworthiness ClaimsOn January 26, 1994, at about 9:17 a.m., Kenneth Munroe was driving his 1990 Chevrolet Corsica westbound on Rural Road through the intersection at Broadway Road in Tempe, Arizona, |
The Impact of the Changes to the Arizona Rules of Civil Procedure to Motor Vehicle Products Liability CasesAfter the promulgation of the Federal Rules of Civil Procedure, literally every state jurisdiction, including Arizona, revised its pre-trial discovery rules by either adopting the Federal Rules, or by promulgating similar procedural rules. |
Litigation of Professional MalpracticeLawyers, doctors, architects, psychiatrists, accountants and many others who have, through laborious studies, earned advanced degrees to provide sophisticated and diverse services to the public may one day have a common experience - the sobering experience of a malpractice lawsuit. |
Protecting Litigation Support Materials From DiscoveryThe increasingly complex task of representing the victims or manufacturers of mass produced products has caused lawyers representing plaintiffs and defendants to form various organizations, whose task is to coordinate the joint efforts of counsel in fairly representing their respective clients. |
A Product Liability Defendant Cannot Obtain Apportionment Of Fault When The Only Other "Party At Fault" Is The PlaintiffUnder the Uniform Contribution Among Tortfeasors Act (“UCATA”), each tortfeasor in a personal injury action is liable for his share of fault. |
Should a Product Manufacturer be Held Liable for Failing to Recall a Product Learned to be Defective?In this era of consumerism and government regulation, we are constantly learning of errors in product manufacture which either require or compel recall. |
What is Products Liability in the New Millennium?Depending upon your status in the legal community, or who you listen to, or what you read, you may believe that court decisions or legislative enactments have in the 90's, and may, for the foreseeable future, foster upon the American Public draconian legislative tort reform, or impose judicial preemptive strikes upon common law rights, or it may have been the decade of big, runaway verdicts. |
The Product Liability Crisis: The Truth - Corporate IrresponsibilityThere is a product liability crisis. But, it does not relate to the "evil myth" espoused by corporate America and stalwarts of the business community such as the Bush Administration. |
Competing Tort Law Forums: Courts vs. LegislaturesThe 1990's experienced a torrent of legislative activity, both at the federal and state level aimed at "curing" the ills wrought upon the business community by a tort system in desperate need of ". . . solution[s] to provide predictability in the product liability system. |
Trial Practice: Experts and the Gatekeepers Is the Gate Open Wider or Swinging Closed?Our Courts have been challenged by evolving scientific studies and results, which litigants choose to present as evidence of the validity of their experts' respective opinions. |
I Was Wearing My Seat Belt - Honestly! How To Prove That Your Client Was BeltedHow often have you, as an attorney, been confronted with the issue whether or not your client was seat belted at the time of the accident giving rise to his or her injuries? |