Larry E Coben

January 11, 2022 | The Legal Intelligencer

When bus and train manufacturers market their vehicles without providing the purchaser with the option to use a safe restraint system, why shouldn't they do so at their financial peril? After all, isn't that what it has done to the students and train passengers who get on board every day?

By Larry E. Coben

12 minute read

December 09, 2021 | The Legal Intelligencer

Regardless of the title or business-card designation of the deponent, if he is positioned to have relevant information that may be admissible on issues germane to a party's lawsuit, these individuals should be available to answer questions via deposition.

By Larry E. Coben

9 minute read

October 28, 2021 | The Legal Intelligencer

Product manufacturers typically raise the following defenses in the trial of strict liability-personal injury/wrongful death cases in Pennsylvania.

By Larry E. Coben

6 minute read

September 23, 2021 | The Legal Intelligencer

The notion that only a former legislator can provide the appropriate construct of an enactment begs the real question: should a court consider the legislative comments of the General Assembly while discussing the passage of a law when it is called upon to interpret the statute?

By Larry E. Coben

7 minute read

August 06, 2021 | The Legal Intelligencer

The practice of law isn't simple. As counsel to injured victims, we are constantly challenged by our institutional opponents and government regulatory agencies affecting the exchange of so-called confidential information pertinent to pretrial discovery and the demand for confidentiality and the payment of medical liens that must be addressed in settlement discussions with these third-parties.

By Larry E. Coben

14 minute read

June 07, 2021 | The Legal Intelligencer

In the presentation and defense of products liability cases, the parties, including plaintiffs and defendants (manufacturers and retailers) often proffer evidence of tests or demonstrations intent on visually proving or disproving a defect claim or causation.

By Larry E. Coben

5 minute read

April 08, 2021 | The Legal Intelligencer

When the defendant's product—designed and sold outside the commonwealth—is used in the forum state while in a defective condition (that existed when it was first released into the stream of commerce) and the injury occurs in the forum, and the defendant markets lots of its products in Pennsylvania, the tort has "arisen out of or relates to" the defendant's activities, and jurisdiction lies in the commonwealth.

By Larry E. Coben

8 minute read

January 27, 2021 | The Legal Intelligencer

From a substantive standpoint, corporate defendants often assert that the technical data and internal memoranda typically produced or sought in discovery contain "trade secrets" or legally confidential information.

By Larry E. Coben

12 minute read

October 10, 2019 | The Legal Intelligencer

Can more be done in the design of helmets to reduce the risk of head injury? The answer to the question is frustratingly simple: yes.

By Larry E. Coben

7 minute read

May 02, 2019 | The Legal Intelligencer

As the Tincher court addressed the historical rationale for strict liability in product cases and grappled with the niceties and distinctions between tort principles of negligence and strict liability, the court embraced two legal tests jurors should be instructed to use in deciding whether a product is defective: the consumer expectation test (CET) and the risk utility test (RUT).

By Larry E. Coben

6 minute read