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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 a partner in Scharf Banks Marmor LLC, a boutique Chicago firm that provides legal services to U.S. and global businesses. She concentrates in complex litigation, especially in life sciences, business disputes and trial work, and in techniques to help companies avoid litigation. A member of the Illinois and New York bars, she has represented clients in federal and state courts in many jurisdictions around the country. Stephanie is especially adept at presenting complex scientific and technical matters to lay audiences. She is a prolific writer, with such publications as the PLI treatise, Product Liability Litigation (Lead Editor and chapter author), and ABA monographs on Epidemiology and the Law and Toxicology and the Law (Editor and chapter author). Her recent CLE presentations have focused on jury selection and trial techniques. Before practicing law, Stephanie conducted national survey research in her role as Senior Study Director, NORC, where she helped design and manage large-scale public health surveys commissioned by the U.S. Department of Health and Human Services. Stephanie received her J.D. from the University of Chicago in 1985 and a Ph.D. (Behavioral Sciences/Psychology) in 1978.

Long active in the legal community on issues concerning the advancement of women in the law, Stephanie is a former President of the National Association of Women Lawyers and is currently President of the NAWL Foundation, which conducts research on the advancement of women and special education projects.

Admission and Qualifications

New York
Supreme Court of the United States US District Courts for Northern, Central, and Southern Districts of Illinois, N.D. Indiana, W.D. Michigan

Prior Experience

Kirkland & Ellis, LLP –Associate, Partner (1985-1995)
Jenner & Block, LLP - Partner (1995-2007)
Schoeman, Updike, & Kaufman, LLP - Partner (2007-2012)

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.