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Products Liability Skills Seminar
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Products Liability Research and Case Preparation Skills Seminar Professor Kiely Spring Term, 1999 SYLLABUS _______________________________
REQUIRED TEXTS: Kiely: Preparing Products Liability Cases (Photo-copy selections) Kiely: Using Litigation Databases (Photo-copy selections) Harr: A Civil Action (Paperback Reprint edition, September 1996) [Vintage Books: ISBN:0679772677]
Additional photo-copied materials during the course of the semester.
ASSIGNMENTS:
I. PREFILING RESEARCH Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 1, Research and Investigation, pp. 1-47.
2. Kiely: Using Litigation Databases: Chapter 1, Research Planning, pp. 3-30; Chapter 2, Research Databases, pp. 31-52; Chapter 3, Research Method, pp.53-106. Chapter 4, Basic Research Databases, pp. 109-147.
II. EXPERT WITNESSES Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 2, Expert Witnesses, pp.49-74.
III. DRAFTING THE COMPLAINT Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 4, Legal Research and Drafting, pp.125-140; Appendix B, pp.260-265. 2. Photo-copied material (to be distributed)
IV. THE DISCOVERY PROCESS A. Introduction to Corporate Documents Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 3, Identification of Corporate Documents, pp.75-124. B. Discovery Planning and Drafting Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 5, Discovery Planning and Practice, pp.141-168; Appendixes C & D, pp. 266-289. C. Enforcing Discovery Rights D. Protective Orders Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 7, Pretrial Motion Practice, pp.199-1240; Supplement, pp.4-22 V. ORGANIZING AND ANALYZING THE CASE-IN-CHIEF Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 6, Document Organization and Analysis, pp. 169-198. 2. Corporate document samples (To be distributed).
VI. MOTIONS-IN-LIMINE Assignment: 1. Kiely, Preparing Products Liability Cases, Chapter 6, Pretrial Motion Practice, pp. 233-240; Appendix E, pp.293-299.
VII. PREPARING AND ARGUING A FRYE/DAUBERT HEARING Assignment: 1. Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579. 113 S. Ct. 2786 (1993) [Photo-Copy handout]; General Electric Company v. Joiner, 118 S. Ct. 512 (1997) [Photo-Copy handout].; KumhoTire v. Carmichael [Photo Copy handout] VIII. Discussion: Harr: A Civil Action (1996) XIX. TEAM CLASS PRESENTATIONS ( To be scheduled for last six classes) Students will work in teams of two. All teams will prepare a products liability case for trial, with as many steps as can be accomplished in a classroom environment. Informal presentations will be made on a periodic basis. Formal presentation will be required during the last seven classes of the semester. _________________________________________
COURSE GRADE EVALUATION: The individual grade in this course will be based on the following TEAM submissions: PRODUCT PROFILES Will Count For 75% Of The FINAL GRADE CLASS PARTICIPATION AND PRESENTATIONS Will Count For 25% Of The FINAL GRADE CLASS ATTENDANCE WILL BE TAKEN FOR EACH CLASS. THREE UNEXCUSED ABSENCES MAY RESULT IN YOUR BEING DROPPED FROM THIS COURSE. PRODUCT PROFILES: REQUIREMENTS: I. Detailed Product Profiles: - Complete technical information as to the material, design, testing, production and marketing efforts from the pre-marketing and post marketing dates up to the present. - Comparative product analyses in the same respects for competing products in the defendant's market niche. - Complete Regulatory Agency profile up to the present time. - Complete legal analysis as respects prior litigation of the chosen product or its competitor's products. - Complete Company Profile as to the corporate defendant(s) involved Detailed Discovery Documents: Each team must draft : - Complaint(s) to all parties defendant. Any service of process problem unique to your case should be noted.
Detailed case analysis, providing an overview narrative of your case, incorporating all the above elements of your research. II. TIME SCHEDULE: All teams and products should be determined and approved by January 19 (Class THREE). You will receive a list of some suggested products for research at the first class session, but are free to choose your own, subject to my approval. Conferences to discuss your research efforts and documentation may be held at any time(s) over the course of the semester. 1. Initial Research Outline: A preliminary outline of your research efforts must be handed in by February 16 (Class 11) I will schedule conferences with each team to discuss your progress. 2. First Drafts: First drafts of each Team's Complaint , Interrogatories, Requests For the Admission of Fact or the Genuineness of Documents on Tuesday, March 30th, in class, or earlier. Meetings will be scheduled for the week of April 4th to review your draft materials. The materials will be returned by Tuesday, April 6th. 3. Completed Product Profiles: Due Monday, May 7th, 1999, no later than 1:00 at my office, Lewis Rm. 734. This deadline is to be treated like a final examination. Any requests for a later deadline must be made in advance to Dean White ONLY, and will be treated like a request for a make-up examination. Failure to meet ANY of the requirements noted above, without the express permission of the instructor, will result in a substantially reduced grade. Failure to meet the deadline for the final paper with prior administrative approval will result in a grade of FX. Classes will not meet on the following dates: March 15-19 Research/Drafting March 22-26: Spring Break April 2: Good Friday III. Meetings on First Draft (Scheduled between 3/29 and 4/1) III. Presentations April 6 : Presentation April 9 : Presentation April 13 : Presentation April 16: Presentation April 20: Presentation April 23 Presentation |