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  • Representation of Multiple Clients in Civil Litigation
    March 9, 2015

    James H. Whalen and Ryan A. Kelly had their article entitled “Representation of Multiple Clients in Civil Litigation” published in Primerus Stare Decisis, March, 2015.   

  • Think Before You “Speak”: What Lawyers Can and Cannot Say  in the Digital Age
    December 9, 2013

    Bradley C. Nahrstadt and W. Brandon Rogers had their article entitled “Think Before You “Speak”: What Lawyers Can and Cannot Say in the Digital Age” published in Defense Counsel Journal, Vol. 80, No. 3 (July 2013).

  • Exploration of Warranties Under Article 2 of the Uniform Commercial Code
    December 9, 2013

    Bradley C. Nahrstadt was one of the co-authors of a Monograph entitled “Exploration of Warranties Under Article 2 of the Uniform Commercial Code.” The Monograph was published in the IDC Quarterly, Volume 23, No. 3 (Third Quarter 2013).

  • In Unity There is Strength:  The Advantages (and Disadvantages) of Joint Defense Groups
    February 28, 2013

    It is not unusual today for counsel to be involved in cases with multiple defendants or in multiple cases involving the same defendant. In those types of cases it is often advantageous to work with counsel for the other defendants to prepare and present a joint defense to the pending claims. The best way to do so is to form a joint defense group. This article discusses the advantages associated with forming a joint defense group and the topics to be addressed in a joint defense agreement, identifies possible risks associated with creating a joint defense group, and discusses issues regarding preservation of the joint defense.  Reprinted with the permission of the International Association of Defense Counsel.

  • Communicating with Your Expert
    July 18, 2012

    Finding the right expert for your case is just the beginning. Once the expert is retained you need to communicate with the expert, provide file materials for review and prepare proper disclosures. In this article, Bradley C. Nahrstadt offers some practical suggestions about communicating with your expert and providing materials for the expert's review.

  • What Every Manufacturer Needs to Know (and Think About)
    June 6, 2011

    In 2008, Congress passed the Consumer Product Safety Improvement Act of 2008 (CPSIA).  Section 212 of the CPSIA amended the Consumer Product Safety Act and required the Consumer Product Safety Commission to establish and maintain a searchable product safety information database that was available to the public.  That Database went “live” on March 11, 2011.  Product manufacturers and labelers must be intimately familiar with the CPSC Database and take steps to make sure that they are prepared to respond to reports of harm that are submitted to the CPSC for inclusion in the Database.

  • In Search of Proportionality
    May 5, 2011

    In this article, Bradley C. Nahrstadt advocates for a measured approach to electronic discovery – one which applies the principles set forth in Federal Rule of Civil Procedure 26(b)(2)(c), Federal Rule of Civil Procedure 26(g) and the Sedona Conference Principles of Proportionality in Electronic Discovery.

  • Preparing Clients (and Yourself) for Depositions
    May 15, 2010

    Preparing and presenting a client for a deposition can be a humbling experience.  Doing those things successfully takes time, practice, experience and a good deal of patience.  This article, authored by Bradley Nahrstadt, provides a good deal of practice advice and discusses a number of the skills needed to handle what can often be the most challenging aspect of civil defense litigation.

  • Crafting A Successful Closing Argument
    September 1, 2009

    A complete and thorough preparation is essential to crafting a successful closing argument.  Read this article, authored by Bradley Nahrstadt, to find out what a pair of veteran trial lawyers believe are the keys to winning this aspect of the case.

  • The Class Action Fairness Act of 2005: Two Years Later
    December 1, 2008

    The Class Action Fairness Act was passed, ostensibly, in order to combat perceived abuses in class action litigation.  In this article, the authors survey, briefly, the impact of CAFA during its first 2 years of existence, describe the controversial areas of its interpretation and highlight the most important issues relating to the Acts application in the future.

  • A Primer on Electronic Discovery: What You Don't Know Can Really Hurt You
    October 15, 2008

    Undoubtedly, computers have changed the way we obtain information, the way we communicate, and the way we conduct business.  They have also changed the way we conduct litigation.  In light of the foregoing, it is vitally important for attorneys (and their clients) to understand the rules regarding electronic discovery, the nature and extent of electronic data, the means available to preserve that data at the beginning of a lawsuit, how such data should be requested, and the sanctions for failing to preserve electronic evidence.  Each of these items is addressed in this article authored by Bradley Nahrstadt.

  • Link Trial Presentation to Jury Instructions
    June 1, 2008

    This article is designed to provide practitioners with practice advice regarding the development, drafting and use of jury instructions as an integral part of defending a civil lawsuit.  To that end, the authors provide a history of jury instructions and explain the goals to be accomplished through the use of jury instructions.

  • Some Thoughts on Jury Selection
    October 15, 2007

    Given the vitally important role of the jury in the trial of civil cases, defense counsel must know the parameters of proper jury selection in order to (1) "deselect" those jurors who may be predisposed toward liability or large damage awards; (2) educate the jury on what is expected of them; (3) condition potential jurors to the defense perspective; and (4) negate inferences on liability and damages raised by the plaintiff.

  • Electronic Discovery - An Overview
    November 5, 2005

    It is vitally important for attorneys to understand the nature and extend of electronic data, the means available to preserve that data, was must have been the costs of producing electronic data, how such data should be requested and the steps that can be taken to protect electronic data from discovery by the other side.  This article addresses each of these issues.

  • Using the Internet as a Discovery Tool
    May 1, 2005

    The internet can be an incredibly powerful tool in the discovery process. It can free you of the need to wait for (or rely upon) an opposing party's answers to interrogatories or responses to requests for production of documents. You can get valuable information about an opposing party and other key issues at the outset of the case. In a matter of minutes, you can gather enough information to dramatically affect the strategy, the focus and even the theme of the case. This article identifies several web sites which can provide valuable information about opposing counsel, corporate defendants, government agencies, products, medical personnel, general medical information, general news and court information.

  • Narrowing the Scope of Discovery for Substantially Similar Products
    November 1, 2004

    A danger lurks for the defendant in every products liability case: that overly broad discovery by the plaintiff will lead to misleading distractions in the courtroom. The purpose of this article is to discuss various strategies that may be employed by defense counsel to narrow the scope of discovery requests seeking information regarding other products manufactured by a products liability defendant and to discuss relevant case law in which the court has been asked to decide whether a defendant should be compelled to provide information regarding other products.

  • Handling Difficult Issues in Products Liability Actions:  Subsequent Remedial Measures, Similar Accidents, Recalls and Foreign Defendants
    October 1, 2004

    Products liability actions are not easy cases to prepare, nor are they easy cases to try. More often than not, such cases involve complex industrial or consumer products, monumental amounts of documents, intricate theories of liability and defense, and horrific injuries. Obviously, the defense attorney who successfully prevents "extraneous" issues from reaching the jury will be far ahead o the game. The purpose of this article is to apprise defense counsel of three potentially fatal areas of pretrial discovery and trial testimony in products liability actions -- evidence of subsequent remedial measures, evidence of other accidents, and evidence of product recalls -- and to provide suggestions regarding alternate ways to deal with such evidence. The final section of this article deals with some interesting issues that often arise when defense counsel represents a foreign product manufacturer or distributor.

  • The Most Difficult Argument:  Putting a Number or Value on the Non-Economic Loss
    July 1, 2004

    Compensation for non-pecuniary losses is one of the most controversial components of tort liability. The fight to keep a lid on damages must begin long before trial, during discovery. Where a wrongful death or catastrophic injury is involved, the defense practitioner must aim not only to obtain a defense verdict, but also to contain damages to fair and reasonable compensation if liability is found. Read this article to see how to do so.

  • A Primer on Defending Breast Cancer Litigation
    May 21, 2003

    This article discusses some of the issues associated with the defense of breast cancer litigation and provides helpful hints on defending these types of cases.