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Product Liability
Home > Areas of Practice > Product Liability
At F3, defense of a product liability claim is more than a just a lawsuit. We understand that product litigation can influence the product's availability to marketplace and impact the viability of the manufacturer. Our product defense experience is diverse.
F3 is West Virginia counsel for Warner-Lambert in the Rezulin Class Action litigation pending before the West Virginia Mass Litigation Panel. F3 is West Virginia counsel for Bayer, Inc. and Bayer AG in the Baycol Litigation. We are West Virginia counsel for Lorillard Tobacco in the medical monitoring and personal injury class actions also pending before the West Virginia Mass Litigation Panel. In these cases, we provide the West Virginia support for the respective national counsel situate in New York, Baltimore, Washington, Pittsburgh Chicago, Kansas City and St. Louis. Teamwork is the essence of the F3 culture.
We serve as General Counsel and national trial counsel for J.H. Fletcher & Co., the world's leading producer of underground coal mine roof bolting machines. This representation is international in scope.
Other product liability representations by F3's lawyers have involved prescription drugs, blood products, over-the-counter drugs, chemicals, electrical transformers, brakes, gears, lawnmowers, weedeaters, mantrips, industrial conveyors, punch presses, solvents, rail cars, surgical instruments, paint, construction materials, vehicular products and other commercial and consumer products.
F3 understands that the opportunity for a successful product defense increases when trial counsel knows the product and develops alternative defense strategies through exhaustive sessions with engineers, scientists and expert witnesses. Choosing the right expert begins with the identification of the issue which requires expertise. Debunking the adverse expert is always a priority for F3. Daubert, Kumho and their state court progeny are our tools.
Medical evidence evaluation is professionally accomplished by the F3 team which includes a nurse lawyer, multiple nurse legal assistants and consulting physicians.
Trust the defense of your product to our team of professionals and your expectations will be met. With F3, there are no surprises.
F3 accepts product liability representations throughout the state of West Virginia and in Kentucky and Ohio as requested.
| Publications |
| “Product Liability: The Emergence of the Sophisticated Purchaser and Bulk Supplier Defenses” , – Defense Trial Counsel of West Virginia Notebook of Articles. Co-authored with Michael J. Farrell. (May 2010) |
| “Workplace Litigation: An Emerging Intersection Between Products Liability and Mandolidis” , West Virginia Continuing Legal Education -- Litigation 2010. Co-authored with Michael J. Farrell. (February 2010) |
| An Update on the Law of Experts in West Virginia., West Virginia Continuing Legal Education (Feb 2009). |
| “Expert Witness Reports – The Boundary Lines for the Case”. , Defense Trial Counsel Young Lawyers Committee – Expert Witness Workshop, Charleston, West Virginia (October 2008) |
| The Status of Expert Witness Testimony in West Virginia – A Review of State and Federal Standards., Defense Trial Counsel of West Virginia 2008 Annual Meeting Notebook of Articles (July 2008). |
| The Status of Expert Witness Testimony in West Virginia – State and Federal Standards., Defense Trial Counsel of West Virginia 2007 Annual Meeting Notebook of Articles (July 2007). |
| Joint Defense Agreements, Book Chapter in Advocacy in the 21st Century published by the International Association of Defense Counsel (December 2001) |
| Medical Monitoring Claims in West Virginia - 50 State Survey of Medical Monitoring: A Report of the Pharmaceuticals and Biologicals Subcommittee of the Product Liability Committee, American Bar Association - Section of Litigation (November, 2001) |
| Litigating the Medical and Hospital Malpractice & Product Liability Case, Mock Trial - Marshall University School of Medicine (March, 2001) |
| Learned Intermediary Doctrine Survives for Another Year, I.A.D.C. Drug, Device and Biotech Committee Newsletter (January, 1998) |
| Overview of Medical Device Reporting Requirements, Lorman Business CME/CLE Seminar (September, 1997) |
| The Product Modification and Alteration Defense: Considerations and Strategies, I.A.D.C. Product Liability Newsletter (April, 1997) |
| Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994) |
| Catastrophic Injuries & Product Liability Litigation: A Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994) |
| The Law of Spoliation of Evidence in Product Liability Cases, Defense Trial Counsel of West Virginia Handbook (June, 1994) |
| Spoliation of Evidence in Product Liability Cases, Cabell County Bar Association Seminar (March, 1994) |
| Medication Malpractice Claims, Culprits and Defenses, 16 Am. J. of Trial Advocacy 65 (1992) Updated and expanded version reprinted in 42 Defense Law Journal 315 (1993) |
| Civil Litigation Chapter, West Virginia Practice Handbook (Michie 1989) |
| Medication Malpractice, 10 Professional Liability Newsletter, Houston, Texas (December, 1988) |
| Jury Instructions in a Products Liability Case, West Virginia State Bar/WVU College of Law CLE Seminar (September, 1982) |
| Product Liability, West Virginia State Bar CLE Seminar (April, 1981) |
| Seminars |
| “Workplace Litigation ~ An Emerging Intersection Between Products liability and Mandolidis” , West Virginia Continuing Legal Education -- Litigation 2010, Canaan Valley Lodge, Davis, West Virginia (February 19-20, 2010) |
| Panel Member, “Electronic Discovery.”, Kanawha County Bar Association Meeting (Charleston, West Virginia, May 5, 2009) |
| Panel Member, “Direct & Cross Examination of Witnesses: Tips from Both Sides of the Fence.” , West Virginia State Bar Annual Meeting (Wheeling, West Virginia, April 25, 2009) |
| Use Direct Examination to Protect Your Witness from Cross., West Virginia State Bar Annual Meeting (Wheeling, West Virginia, April 25, 2009) |
| “Expert Witness Reports – The Boundary Lines for the Case”. , Defense Trial Counsel Young Lawyers Committee – Expert Witness Workshop, Charleston, West Virginia (October 2008) |
| The Predicate Act of Persuasion. , Marshall University Legal Communications Course (September, 2008) |
| Admissibility of Expert Witness Testimony in State and Federal Courts in West Virginia , , Defense Trial Counsel of West Virginia 2008 Annual Meeting, Glade Springs Resort, Beckley, WV (May 2008) |
| The Impact of the State and Federal Law on the Use and Admissibility of Their Testimony – Legal & Strategic Consideration., West Virginia State Bar CLE, Huntington, West Virginia (August, 2007) |
| Electronic Discovery - An Overview, Defense Trial Counsel of West Virginia Annual Meeting (Myrtle Beach, South Carolina, June 18, 2007). |
| Taking the Plaintiff’s Deposition., Defense Trial Counsel of West Virginia Deposition Boot Camp 2006 (Days Inn, Flatwoods, West Virginia, November 9, 2006). |
| Practicing Under the Class Action Fairness Act., West Virginia Continuing Legal Education Class Action and Mass Torts: Multi-Plaintiff Litigation in West Virginia Seminar (West Virginia University College of Law, September 8, 2006). |
| Removal, Remand and Fraudulent Joinder, West Virginia Continuing Legal Education Litigation Seminar (Canaan Valley, West Virginia, February 3, 2006) |
| Maximizing the Power of the Expert Witness., – West Virginia Trial Lawyers Association 2006 Annual Conference, Charleston, West Virginia(June, 2006) |
| Litigating the Medical and Hospital Malpractice & Product Liability Case, Mock Trial - Marshall University School of Medicine (March, 2001) |
| Overview of Medical Device Reporting Requirements, Lorman Business CME/CLE Seminar (September, 1997) |
| Product Liability/Emergency Medicine Mock Trial, Marshall University School of Medicine (March, 1995) |
| Medical Malpractice: Emergency Medicine/Product Liability Mock Trial, Marshall University School of Medicine (March, 1995) |
| Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994) |
| Catastrophic Injuries & Product Liability Litigation: A Primer For The Product Manufacturer In The 1990's, National Safety Council National Convention (San Diego, CA October, 1994) |
| Spoliation of Evidence in Product Liability Cases, Cabell County Bar Association Seminar (March, 1994) |
| Jury Instructions in a Products Liability Case, West Virginia State Bar/WVU College of Law CLE Seminar (September, 1982) |
| Product Liability, West Virginia State Bar CLE Seminar (April, 1981) |
| Cases |
| Ashworth v. Albers Medical, Inc., 410 F. Supp.2d 471 (S.D.W.Va. 2005) |
| In re West Virginia Rezulin Litigation, __ W. Va. ___, 585 S.E.2d 52 (2003) |
| Baisden v. Bayer Corp., 275 F. Supp.2d 759 (S.D. W.Va. 2003) |
| In re West Virginia Rezulin Litigation, 2001 WL 1818442 (W.Va. Cir. Ct., Dec. 13. 2001) |
| McCallister v. Purdue Pharma L.P., 164 F.Supp.2d 783 (S.D.W. Va. 2001) |
| West Virginia Laborers Pension Trust Fund v. Philip Morris, Inc., 1998 WL 964983 (S.D. W.Va., Aug. 12, 1998) |
| Huff v. J.H. Fletcher & Co., 113 F.3d 1232 (4th Cir. 1997) |
| Shaffer v. J.H. Fletcher & Co., 83 F.3d 416 (4th Cir. 1996) |
| McGraw v. American Tobacco Company, 1995 WL 569618 (W.Va. Cir. Ct., June, 6, 1995) |
| Ackley v. Wyeth Labs, Inc., 919 F.2d 397 (6th Cir. 1990) |
| In re A.H. Robbins Co., Inc., 828 F.2d 1023 (4th Cir. 1987) |
| Sydenstricker v. Unipunch Products, Inc., 169 W. Va. 440, 288 S.E.2d 511 (1982) |
© Farrell,
Farrell & Farrell,
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