Publications
Recent Publications
Recent Regulatory Reform Runs Rampant, Kenneth Ross, DRI's Product Liability Committee Newsletter, Winter 2010
A Patent Panacea? The Promise of Corbinized Claim Construction, Jonathan L. Moore, Chicago-Kent Journal of Intellectual Property, 2010
Diversity Turns the Key for Success at Toyota, Sandra Giannone Ezell and Lawrence C. Mann, In-House Defense Quarterly, Winter 2010
Getting Down to Business: The Successes of the S.C. Business Court Pilot Program, Pamela J. Roberts, South Carolina Lawyer, January 2010
Progressive Pro Hac Vice: The Canadian Approach, David L. Campbell, For The Defense, January 2010
The Impact of 2009 Amendments to Rule 15, John D. Sear, Product Liability Law360 (http://www.law360.com/), January 2010
Secondary Payer Law Creates Challenges, Iman R. Soliman, Business Insurance, December 2009
The Iqbal/Twombly Decisions, Kim M. Schmid and William N.G. Barron, IV, Medical Malpractice Law & Strategy, December 2009
Recall Effectiveness: A Hot Topic, Kenneth Ross, DRI's Strictly Speaking, Fall 2009
Game-Changers: Defending Products Cases with Child Plaintiffs, Sandra Giannone Ezell and David E. Gluckman, chapter from Product Liability Litigation: Current Law, Strategies and Best Practices, Practising Law Institute, 1st Edition, Volume 1, October, 2009
Post-Sale Responsibilities in the United States and Foreign Countries, George W. Soule and Kenneth Ross, chapter from Product Liability Litigation: Current Law, Strategies and Best Practices, Practising Law Institute, 1st Edition, Volume 1, October, 2009
Public Nuisance Law: Resistance to Expansive New Theories, Jill D. Jacobson and Rebecca S. Herbig, Mass Torts, Fall 2009
Like It, Love It, Gotta Have It -- Kahala's Customized Approach to Diversity, Sandra Giannone Ezell and Michele B. Scarponi, In-House Defense Quarterly, Fall 2009
The Pharmaceutical Applications of Nanotechnology, Ronald C. Wernette, Medical Malpractice Law & Strategy, October 2009
A Primer on Preserving Statute of Repose Defenses, Doug L. Pfeifer, Product Liability Law & Strategy, September 2009
Nanotechnology: Risks and Benefits in Pharmaceutical Applications, Ronald C. Wernette, Medical Malpractice Law & Strategy, September 2009
Nanotechnology Coming to Your Store, Ronald C. Wernette, www.foodprocessing.com, August 31, 2009
How to Prepare For and Take Your First Expert Deposition, Barry J. Koopmann, Verdict, Summer 2009
Tackling Tough Issues at Trial, Alana K. Bassin, Verdict, Summer 2009
Your First Trial: Understanding the Second-Chair Role, Michael R. Carey, Verdict, Summer 2009
Comparative/Contributory Negligence and Joint Several Liability: A State by State Summary, Arizona section, Dustin A. Christner; Michigan section, Ronald C. Wernette and Nicholas G. Even, ABA TIPS, July 2009
New Guidance on the Enforceability of Limitation of Liability Provisions, William F. Auther and Mary M. Kranzow, Critical Path, Summer 2009
Lean and Mean: A Practical Guide to Cutting Costs and Making Effective Litigation Decisions in a Down Economy, Scott B. Paxton and William N.G. Barron, IV, In-House Defense Quarterly, Summer 2009
The Michigan "Lemon" Law: A 2009 Practice Guide, Ronald C. Wernette, Jr. and Nicole L. DiNardo, Michigan Defense Quarterly, July 2009
Huddled Masses Yearning to Strike It Rich: Foreign Plaintiffs Shopping for Gold in American Courts, Paul G. Cereghini and John D. Sear, Law.com, July 17, 2009
Third Party Thinking: The Duty to Preserve, Collect, and Produce Electronically Stored Information Held by Third Parties, Ronald C. Wernette, Inside Counsel, June 22, 2009
California Supreme Court Issues Important Ruling Giving New Life to "Consumer Protection" Class Actions, Mark V. Berry, Bowman and Brooke's E-Newsletter, May 2009
The Dawn of the Age of Nanotorts, Ronald C. Wernette, Product Safety & Liability Reporter, April 2009
Voir Dire in Cases with Child Plaintiffs, Sandra Giannone Ezell and David E. Gluckman, DRI's For The Defense, April 2009
Invisible Diversity: What You Can't See Can Help You, Jill D. Jacobson, Diversity Executive's Newsletter, April 20, 2009
Foreign Privacy Laws in U.S. Courts, Thomas P. Branigan and David J. Gentile, For The Defense, March 2009
A Close-Up Look at Steelcase Inc.'s Commitment to Diversity, Sandra Giannone Ezell and Andrea L. Moody, In-House Defense Quarterly, Spring 2009
Fed. R. Evid. 612 - Use It or Lose It, Robert L. Wise and David E. Gluckman, In-House Defense Quarterly, Spring 2009
Foreseeability: A Critical Analysis in Minimizing Pre-sale and Post-sale Liability, Kenneth Ross, DRI's Strictly Speaking, Spring 2009
The Dawn of the Age of Mass Nanotorts, Ronald C. Wernette, American Bar Association's Mass Torts, Volume 7, Number 2, Spring 2009
Joint Tortfeasor Liability in Strict Products Liability Actions in Arizona, Iman Soliman, Product Safety & Liability Reporter, March 23, 2009
Health Care Nanoscience: Regulation By Litigation, Ron Wernette, Law360, March 20, 2009
Setoff in Tort Cases Under Virginia Code Section 8.01-35.1 For What, When and For How Much?, Robert L. Wise and Rebecca S. Herbig, Journal of Civil Litigation, Spring 2008
The Coming Age of Nanotorts, Ronald C. Wernette, LJN's Product Liability Law & Strategy, March 2009
The CPSIA and All-Terrain-Vehicles: New Burdens at an Inopportune Time, Jill D. Jacobson and David E. Gluckman, DRI's The Voice, February 25, 2009
PLP: Even More Important in Tough Economic Times, Kenneth Ross, DRI's Strictly Speaking, Winter 2009
Flight of Female Lawyers in Canada Mirrors US Exodus, Alana K. Bassin and Lisa Ridgedale, Of Counsel, January 2009
The Dawn of the Age of Nanotorts, Ronald C. Wernette, BNA Inc.'s Class Action Litigation Report, January 9, 2009
Addressing Discrimination: An Overview of Workplace Protections for Sexual Minorities, Jill D. Jacobson, DRI's In-House Defense Quarterly, Winter 2009
Product Recalls: Be Prepared, Kenneth Ross, Inside Supply Management, December 2008
Qualified Immunity forArchitects and Engineers, Charles (C.J.) Schoenwetter, Construction Accounting and Taxation, November/December, 2008
The Legal Risks of Nanotechnology, Ronald C. Wernette and Ryan L. Nilsen, DRI's For the Defense, November, 2008
Light Cigarettes and Drug Labeling: The U.S. Supreme Court Tackles Preemption - Again, Jill D. Jacobson, DRI's The Voice, November 5, 2008
Uncertainties of Federal Disclosure Requirements for Employee Experts, John D. Sear and Ryan A. McCarthy, Product Liability Law & Strategy, September 2008
Nanotechnology in Medical Applications: Hippocratic Oath and Hegelian Recursion, Ronald Wernette, Rx for the Defense, Fall 2008
The Consumer Product Safety Improvement Act of 2008 and its Effect on Product Liability Litigation, Kenneth Ross, DRI's Strictly Speaking, Fall 2008
Dealing Effectively with the Child Witness, David N. Lutz with Norma M. Gant, IPEMA Newsletter, Summer 2008
To Object or Not to Object: An Exception to the Contemporaneous-Objection Rule, Robert L. Wise and David E. Gluckman, DRI's Certworthy, Summer 2008
Gender and Generational Issues Across Borders, Alana K. Bassin and Lisa Ridgedale, The Woman Advocate, Summer 2008
Riegel v. Medtronic: Better Off Without It?, Kim M. Schmid and Shane V. Bohnen, Law 360, August 1, 2008
Is Your Personal Guaranty Enforceable?, Charles (C.J.) Schoenwetter and Michael A. Montgomery, Journal of Construction Taxation and Accounting, July/August 2008
Ask the Lawyer: Enforcing Personal Guaranties, Charles J. Schoenwetter and Michael A. Montgomery, NAHB E-Newspaper - Nation's Building News, July 29, 2008
Stop the partisan politics, George W. Soule, The National Law Journal, July 21, 2008
Franchisors must follow new rules effective July 1, 2008, Thomas P. Branigan, The Detroit Legal News, July 11, 2008 and Oakland Legal News, July 18, 2008
The 2007 AIA Contract Revisions: What Contractors Need to Know About A201, Charles (C.J.) Schoenwetter and Michael R. Carey, Construction Accounting and Taxation, May/June 2008
Beware: Your Company's Duty to Preserve, Collect, and Produce Electronically Stored Information Held by Third Parties, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, May 2008
Post-Sale Duties: How to Decide When the Duty Arises, Kenneth Ross, DRI's Product Liability Committee Newsletter Strictly Speaking, April 2008
Qualcomm Round 2: Outside Lawyers May Use Client's Confidential Information In Fighting Against Sanctions, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, March 2008
Change Orders: Recognizing Cardinal Changes & Knowing Your Rights, Charles (C.J.) Schoenwetter and Daniel J. Smith, Bowman and Brooke's Construction E-Newsletter, March 2008
Is Your Personal Guaranty Enforceable?, Michael A. Montgomery and Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, March 2008
Defending Lead-Containing Toy Lawsuits, Ryan L. Nilsen and Michael R. Carey, DRI's For The Defense, February 2008
Manufacturers Win Another Battle in the Preemption War, Robert L. Wise and Jill D. Jacobson, Common Law Journal, February 2008
Efficient Lawyering: Strategies for Construction Companies, Charles (C.J.) Schoenwetter and C. Paul Carver, Construction Accounting and Taxation, January/February 2008
Early Choice of Law Analysis is Essential to Effective and Economic Litigation, Jenny A. Covington, DRI's The Whisper, Volume 1, Issue 6, January, 2008
National Counsel: An Approach to Consider, C. Paul Carver and Charles (C.J.) Schoenwetter, ABA TIPS Committee Newsletter, Winter 2008
Manufacturers versus Component Part and Raw Material Suppliers: How to Prevent Liability, Kenneth Ross, DRI's Product Liability Committee Newsletter Strictly Speaking, January 2008
The Duty to Warn Illiterate or Non-English-Reading Product Users, Kenneth Ross, In-House Defense Quarterly, Winter 2008
Qualcomm Inside and Outside Lawyers Sanctioned for E-Discovery Misconduct: What Went Wrong?, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, January 2008
The Transformation of Preemption Law, Jill D. Jacobson and Rebecca Herbig, DRI's For the Defense, December 2007
Spotlight on Minnesota: Completed Operations Insurance Now Required, Charles (C.J.) Schoenwetter, Lorman Education Services' Construction Update, October 2007
Making the Case for National Counsel, C. Paul Carver and Charles (C.J.) Schoenwetter, Minnesota Lawyer, September 2007
Court of Appeals Renews Attack on the Written Notice Requirement for Statutory Warranty Claims, Charles (C.J.) Schoenwetter and William N.G. Barron IV, Bowman and Brooke's Construction E-Newsletter, September 2007
A Subcontractor's Right to Prompt Payment, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, September 2007
Homeowner's failure to give proper notice and opportunity to repair to builder resulted in court holding builder did not breach the 10-year statutory warranty, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, September 2007
MECHANIC'S LIENS: Questions & Answers, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, September 2007
Defense Themes in Design Cases, David N. Lutz, Shane V. Bohnen and Norma Gant, IPEMA Newsletter, Fall 2007
E-Discovery and Rule 26 and Rule 16 Conferences: Foundation for Success or Root of Failure, Ronald C. Wernette, Bowman and Brooke's E-Discovery E-Newsletter, August 2007
Red Sky in the Morning: Modifying Prescription Drug Labels as a Result of Postmarket Surveillance, Jill D. Jacobson and David Feigal, Food and Drug Law Journal, Volume 62, Issue 3, 2007 (With permission from FDLI)
Preventing Liability for Foreign Products - A PLP Primer, Kenneth Ross, Product Liability Committee Newsletter Strictly Speaking (DRI), July 2007
A Lawyer's Role in Product Liability Prevention, Kenneth Ross, In-House Litigator (ABA), Summer 2007
Completed Operations Insurance Coverage Now Required of Residential Building Contractors and Remodelers, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007
Form Your Company First and Then Buy the Property, or Risk Not Owning the Property, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007
Legislature Amends the Statute of Limitations to Allow Claims for Contribution and Indemnity Against Subcontractors and Material Suppliers More than 10-Years After Completion of Construction, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007
MECHANIC'S LIENS: Questions & Answers, Charles (C.J.) Schoenwetter, Bowman and Brooke's Construction E-Newsletter, July 2007
Defense Themes in Playground Equipment Warnings Case, David N. Lutz, fand Shane V. Bohnen, IPEMA Newsletter, June 2007
Look Good and Save Money: Ten strategies for in-house counsel to obtain excellent results in an efficient manner, C. Paul Carver and Charles (C.J.) Schoenwetter, Minnesota Lawyer, June 2007
Recent Developments in Automobile Law, Rebecca S. Herbig and Gary M. Pappas, Tort Trial & Insurance Practice Law Journal, Winter 2007
Trade Secrets: At Risk Now More Than Ever, Tom Branigan , Michigan Lawyers Weekly, April 2007
Danger! The Legal Duty to Warn and Instruct , Kenneth Ross , Risk Managment Magazine, March 2007
Round Up the Usual Suspects, Sandra Giannone Ezell, Product Liability Law & Strategy, February 2007
Punitive Damages in Commercial Transportation: A State by State Summary, Candace A. Blydenburgh and Ashley Dobbin, American Bar Association's Punitive Damages Compendium, Spring 2007.
Removal to Federal Court: Death of the First-Served Defendant Doctrine, John D. Sear and Nicholas G. Even, Law Journal Newsletters Product Liability Law & Strategy, January 2007
Post-Sale Duties: A Minefield for Manufacturers ,George W. Soule and Kenneth Ross, In-House Defense Quarterly, Defense Research Institute, Inc., Fall 2006
Keep Aware of Product Safety Reporting Requirements , Kenneth Ross, Product Liability Law & Strategy, March 2006
Product Liability Goes Global , Kenneth Ross, Risk Management Magazine, February 2006
Do Cars Drive Themselves? Electronic Stability Control Alters the Battleground, Candace Blydenburgh, TortSource, Spring 2006
Recent Developments in Automobile Law, Sandra Giannone Ezell and Michael Bell, Tort Trial & Insurance Practice Law Journal, Winter 2006
How to Mount a Successful Defense Against Toxic Mold Claims, Rick Morgan and C.J. Schoenwetter, Construction Accounting and Taxation, January/February 2006
Pharmaceuticals: VIOXX case shows a need for action, Larry Mann, Counsel to Counsel, January 2006
More Guidance for Warnings and Instructions , Kenneth Ross, For the Defense, Defense Research Institute, Inc., December 2005
New CACI Jury Instructions: A View from the Trenches , Mark Berry and Jenny Covington, The Verdict, November 2005
Archived publications