Update on Hormone Replacement Therapy Litigation by Navan Ward Jr.

Power Point Presentation Mass Torts made Perfect Permax/Dostinex Presented by: Vance Andrus and Navan Ward, Jr.

A product liability claim focuses on whether or not the product is defective. In automobile cases, the defective product could be the entire vehicle, or a component part such as the seat belt assembly or tires. Unfortunately, the average motorist has no idea how unprotected he will be in an accident as a driver or passenger in one of
these defective vehicles. Often, causes of action for product liability claims are hidden from the untrained eye. It is important to recognize possible defect claims in the motor vehicle accident cases. Any accident that involves paralysis, death, loss of limb, or brain damage should be analyzed for possible product liability claims.

A toxic tort is a civil wrong arising from exposure to a toxic substance, such as asbestos, radiation or a hazardous waste.1 Most toxic torts cases are brought under the common law trespass and nuisance causes of action. Although many plaintiffs often join common law claims with claims for potential recovery under federal environmental laws, the common law claims tend to provide more monetary damages, whereas the statutory claims may simply recoup cleanup costs.

A toxic tort is a civil wrong arising from exposure to a toxic substance.3 Litigating such a case can be intimidating, because of the complex issues involved. Notwithstanding these highly technical issues, toxic tort cases contain themes that can be clear and understandable. Thus, to be effective, counsel should try to frame the debate in terms of these simple issues, to avoid overwhelming and confusing the jury. Lawyer Allan Kanner offers an analogy. On one hand, toxic tort lawyers are builders, compiling information to construct a case. On the other hand, they are sculptors, chipping away extraneous information that clouds the argument. “The key is to find the perfect balance between information and presentability.”