August 06, 2024 | The Legal Intelligencer
Where Have We Gone?: The US Supreme Court and the PresidentWhat course of action exists to address the actions of an executive who fails to follow our laws and employs "intrigues of ambitions," which aspire to tyranny and threaten the existence of government in the name of democracy?
By Larry E. Coben
7 minute read
July 16, 2024 | The Legal Intelligencer
The Art of the Trial: 10 Tips From My Personal ExperienceI'm sharing with you my approach to this recent trial, including how we prepared the case from jury selection through the verdict. I've thought about writing about these topics for a long time, but I just never found the time. For those readers who try civil cases or for those who've thought it might be interesting to become a trial lawyer, this is for you. I hope you enjoy it.
By Larry E. Coben
10 minute read
June 10, 2024 | The Legal Intelligencer
Product Defects Can Be Proven Based Upon Design Changes Made After the Date of SaleBecause the focus of a strict liability case is on the product, the relevancy of post-manufacture changes is quite germane and necessary for the jury to fairly assess the proffered alternative design and proximate causation.
By Larry E. Coben
8 minute read
May 07, 2024 | The Legal Intelligencer
City Driving: Making Vehicles Safe for PedestriansWhile CAS is becoming a standard feature on most passenger vehicles sold in the United States—and the NHTSA has announced that it must be standard on all passenger vehicles by model year 2029—what remains problematic is its "unpredictable" or limited effectiveness.
By Larry E. Coben
7 minute read
April 05, 2024 | The Legal Intelligencer
Lawsuits Against Foreign Manufacturers Difficulties Obtaining JurisdictionAmericans' reliance on and use of products designed, manufactured, and then imported to the United States from overseas creates significant legal issues when a consumer is injured, maimed or killed using one of these products. One very profound legal issue involves the challenge to obtain personal jurisdiction over a foreign manufacturer. We look briefly at this issue.
By Larry E. Coben
8 minute read
March 04, 2024 | The Legal Intelligencer
Products Liability: Responsibility for Harm to Bystanders and NonusersEvery day people are injured by defectively designed products. Many times, the person injured was not actually "using" the product.
By Larry E. Coben
9 minute read
January 30, 2024 | The Legal Intelligencer
A Product Should Be Judged on the Consumer's Expectation, Not on Whether It Is Unreasonably DangerousPennsylvania has steadfastly held to the principle that in strict products liability cases, evidence of a manufacturer's due care is both irrelevant and inadmissible.
By Larry E. Coben
6 minute read
January 09, 2024 | The Legal Intelligencer
Safety of a Product's Design Under Pa. Law Remains in Hands of Jurors, Not Industry Customs or Government StandardsThe evidentiary battle over whether a defendant may offer evidence that a product's design is in accord with customs in the industry or complied with government standards has ended.
By Larry E. Coben
6 minute read
December 01, 2023 | The Legal Intelligencer
Forum Selection—Forum Non 'Convenience': No Need for 'Corrective Action'Despite the underlying motivations, or perhaps because of them, the legal grounds for a request to change venue based upon "forum non conveniens " has evolved into a war of words in which our trial courts are asked to decide whether the plaintiff's selected forum is "vexatious" or "oppressive," or merely "inconvenient" to the defendant.
By Larry E. Coben
6 minute read
November 03, 2023 | The Legal Intelligencer
Legal Challenges in Products Liability Cases: Duty to Design a Defect-Free ProductIn the post-COVID era, courts and litigants have been inundated with motions seeking summary judgment based upon the argument that the manufacturer was not duty bound to design its product more safely than it did. While each case must be decided based on the facts presented, there are some overarching legal precepts that govern this analysis.
By Larry E. Coben
11 minute read
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