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Product Liability Litigation: Current Law, Strategies and Best Practices

Author(s): Stephanie A. Scharf, Lise T. Spacapan, Traci M. Braun, Sarah R. Marmor
Practice Area: Insurance, Insurance products, Liability insurance, Litigation, Product liability insurance
Published: Oct 2009
Supplement Date: Jan 2015 i Other versions can be found in the Related Items tab.
ISBN: 9781402412578
PLI Item #: 22212

PLI’s Product Liability Litigation: Current Law, Strategies, and Best Practices provides comprehensive legal, technical, and strategic knowledge that maximizes your ability to prevail in consumer product liability cases, whether you’re the plaintiff’s or defendant’s attorney.

Product Liability Litigation also gives you current regulatory information, including the latest product safety standards, which enables you to help companies avoid claims and litigation altogether.

Featuring case studies, checklists, sample documents, and other practical resources, Product Liability Litigation shows you how to develop case assessment and discovery plans that can cut litigation costs and increase the likelihood of a favorable resolution for your clients; use forensic analysis and software tools to obtain key electronically-stored information for cases; deploy technologies to present complex scientific evidence in clear, compelling ways to jurors; craft e-discovery management plans that help you to comply with e-discovery rules, control costs, and avoid spoliation claims; reach product liability class action settlements; and help companies develop effective crisis management plans.

Updated annually or as needed, Product Liability Litigation: Current Law, Strategies, and Best Practices is essential reading for any attorney involved in product liability issues, including litigators and corporate attorneys seeking to minimize the legal exposure of their clients.

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Stephanie A. Scharf is founding partner of Scharf Banks Marmor, LLC, a prominent women-owned law firm that represents local, national and global businesses.  Specializing in complex litigation and appeals, Stephanie and the firm have been profiled for the "unique quality of their work" and for "Work at a Very High Level."  A frequent author and CLE speaker, most recently Stephanie has been Lead Editor of the PLI treatise, Product Liability: Current Law, Strategy and Best Practices. She has been named a Leading Lawyer, Best Lawyer, Super Lawyer, one of the "500 Leading Litigators in America," and is Martindale-Hubbell AV-rated.

In addition to her law practice, Stephanie is a Founding Principal of The Red Bee Group, LLC,, a consulting firm that helps businesses, organizations and law firms achieve their goals for growth and innovation using data-based strategies with diverse and inclusive solutions.

Stephanie received a Ph.D. in Behavioral Sciences and a J.D. from the University of Chicago. She frequently combines her skills in data analytics to create cutting edge research on issues of diversity and inclusion.   Stephanie founded and conducted the NAWL Annual Survey of Women in Law Firms (2006-2014); and the first national survey of women's initiatives in law firms, The Strategy, Structure and Scope of Women's Initiatives in Law Firms (2012).  With co-author Roberta Liebenberg, Stephanie conducted the seminal survey of women as lead counsel in litigation, First Chairs at Trial: More Women Need Seats at the Table (2015);  and a national survey of experienced women lawyers, Walking Out the Door: The Facts, Figures and Future of Experienced Women in Private Practice (2019).   Most recently,  Stephanie and Roberta designed, analyzed and reported on the largest survey of the legal profession ever conducted by the American Bar Association, which includes data-based best practices for firms, organizations and individual lawyers to achieve long-term success. Practicing Law in the Pandemic and Moving Forward: Results and Best Practices from a Nationwide Survey of the Legal Profession (forthcoming March 2021).

Stephanie was 2017-2020 Chair of the American Bar Association Commission on Women in the Profession; is a member of the Advisory Board of DirectWomen; is a former President of the National Association of Women Lawyers (2004- 2005); and was Special Advisor to the  American Bar Association's Presidential Commission on Diversity and Inclusion. 

Sarah R. Marmor concentrates her practice on employment law, complex business litigation, and product liability. Ms. Marmor has tried complex cases throughout the United States, in state courts in Illinois, Colorado, Oklahoma, Louisiana and Texas and in federal courts in Illinois, Michigan, California and New York.

Ms. Marmor's employment law practice comprises counseling and litigation in all aspects of this discipline, including discrimination claims, wage and hour issues, employment contracts, non-compete matters and pay equity. Ms. Marmor defends clients in state and federal claims, and has tried employment contract, discrimination, and ERISA suits to successful verdicts in both state and federal courts. She also frequently conducts confidential internal investigations for employers. In recent years, she has developed significant expertise in social media law as it applies to employment, and she frequently lectures on this subject.

Ms. Marmor has represented clients in a variety of complex commercial disputes, including breach of contract claims, insurance coverage for corporate policyholders, bond litigation, veil piercing and alter ego claims, theft of confidential and intellectual property allegations and non-compete suits. She also has significant experience in consumer fraud litigation, with cases in Madison County, Illinois; Chicago, Illinois; and San Diego, California.

Ms. Marmor has defended clients in product liability claims involving breast implant, tobacco, asbestos, household products and appliances. She also has represented clients in toxic tort claims involving chemicals and "toxic" mold. Through this sophisticated products liability practice, Ms. Marmor has gained significant experience in developing scientific defenses to personal injury and property damage claims - particularly in the disciplines of toxicology and epidemiology.

Ms. Marmor received a B.A. in comparative literature, magna cum laude, from Princeton University in 1987. She graduated, magna cum laude, in 1993 from Northwestern University School of Law, where she served as a Comment Editor of the Journal of International Law and Business and received the Order of the Coif.

Lise T. Spacapan is a partner in Jenner & Block LLP’s Chicago office. She is Co-Chair of the firm’s Products Liability and Mass Tort Defense Practice and also practices in the commercial litigation area. Ms. Spacapan has handled complex litigation matters in jurisdictions throughout the country and has appeared in jury and bench trials in courts in Illinois, Missouri, Michigan, Louisiana, and Colorado. She has developed scientific defenses and successfully brought Daubert and Frye motions in cases involving pharmaceuticals and chemicals. Ms. Spacapan is Chair of the DRI Toxic Torts and Environmental Law Committee.

Traci Braun is an assistant general counsel with Exelon Corporation, specializing in commercial litigation. Prior to joining Exelon in 2008, Ms. Braun was a partner in Jenner & Block LLP, in Chicago, where she was a member of the firm’s product liability and mass tort defense practice as well as its class action litigation practice. She has represented manufacturers and distributors of consumer products, including pharmaceutical and chemical products, in breach of warranty, fraud, and other related claims, and has defended numerous class actions in both state and federal courts. Ms. Braun graduated from the University of Wisconsin Law School in 1997 and is admitted to practice in Wisconsin and Illinois.