New Twists for Old Torts: Panel Discussion at the FDCC 2014 Winter Meeting

On March 5th, David Governo moderated a section meeting at the Federation of Defense & Corporate Counsel (FDCC) 2014 Winter Meeting in Marco Island, FL: "New Twists for Old Torts". The panel addressed how a series of creative substantive and procedural approaches to traditional litigation (including class actions, asbestos, counterfeit products, and medical device claims) is resurrecting claims both nationally and globally.

The following is a brief excerpt from the moderator's introduction:

Creative. Over the top. Pushing the envelope. However you think of it, the innovative lawyering that we regularly see from the plaintiffs' bar poses exceptional challenges. We know that the common law is meant to adapt to societal changes, new definitions of duties, and technological developments. We see plaintiffs' attorneys taking incredible advantage of this by expanding liability in a myriad of ways, limited only by their imagination, insistence and influence. For example, they know that maneuvering claims to a particular forum or judge may be the deciding factor in their ability to sell a new duty, proximate cause or injury. Imagine taking an otherwise worthless claim to a foreign country to capitalize on the opportunity. If that does not work, they take the legislative route: just impose some new statutory duty! How should the defense bar respond to ever expanding liability? What can companies do to anticipate new areas of liability? How can today's jurors be persuaded to establish reasonable limits to keep liability from becoming absolute?

Please contact David Governo at [email protected] or 617.737.9047 if you would like to learn more.