Product liability and technical litigation is one of the areas in which the firm practices.  We have defended corporations in a broad spectrum of cases involving significant questions of science and technology, including toxic tort, product liability, and design defect controversies.  This work has included not only direct liability litigation and insurance defense, but also advice on insurance and reinsurance coverage issues, regulatory rulemaking and legislative programs.

The Firm's Approach to Litigation

Our goal in every case is to obtain the best possible outcome at the lowest reasonable cost.  We are aware of the high cost of litigation and the necessity for efficient and effective delivery of legal services.  We employ the leanest possible staffing of cases (usually with one partner and one associate); we make extensive use of technology for organizing, retrieving, communicating, and utilizing information in litigation; and we work closely with our client in planning and monitoring a cost-effective strategy.  When the needs of the client call for a substantial commitment of legal resources, we have the depth and experience to handle the largest and most complex cases.  With more than 90 litigators, we can assign as many lawyers to a case as a client requires.

While our compensation is often based on the time invested in the case, there are many situations in which an hourly fee arrangement may not be suitable.  We have employed a variety of alternative fee arrangements and welcome the opportunity to discuss them in appropriate cases.

Case Management in Product Liability Lawsuits

For years, traditional product liability cases turned on expert testimony, usually resulting in a swearing contest between forensic consultants.  More recently, however, this ritualistic approach has changed.  The plaintiff's bar, at its most aggressive and sophisticated levels, now often seeks to prove liability focusing primarily on a defendant's own documents and witnesses.  Cases are won or lost depending upon the outcome of discovery disputes, and efforts are often made to mischaracterize internal debate over product design or testing as suppressed dissent.  Former agents or employees of defendants are converted into experts for the plaintiff's side.  Aggressive case management and an ability to comprehend and maintain control over a document intense lawsuit are absolute prerequisites to effective product liability defense.  Sutherland has that ability.  For more information about Sutherland's product liability practice, please contact at 404.853.8578.