Torts/Product Liability

PREMISES AND PRODUCT LIABILITY

The fields of Premises Liability and Products Liability are emerging and dynamic. As such, the course will encompass a variety of legal theories including tort law, contracts, warranties, statutory violations and strict liability. The course examines the emerging body of law and science dealing with the Vioxx claims. In particular, the pharmaceutical liability issues as well as ancillary legal claims relating to recent studies indicating that long-term use of Vioxx has produced a significant increase in heart attacks, strokes and death in patients, according to several recent studies. As to Premises Liability, the course assesses the facts and law in an inadequate security case resulting in catastrophic injuries. This will entail a review of the factual circumstances, various causes of action and we will draft pleadings, discovery and review transcripts of testimony in a comprehensive overview of the case. Students will explore the concepts of defects, negligence, reckless misconduct, strict liability, warranty, tangible and intangible products, contribution, indemnity and inadequate security, as well as several specific areas of law peculiar to design and failure to warn defects in a pharmaceutical case. Students will analyze Premises and Products Liability cases in the context of litigation and preparation for jury trial, with an emphasis on tactics and strategies in these fields of the law.

PRODUCTS LIABILITY

This course is an analysis of the rights and remedies for defective products, negligence, warranty, strict liability in tort, and government regulations.

BASICS OF BUSINESS OF LAWYERS

This skills-based course is intended to introduce the law student who may have little prior business background, to fundamental concepts in business including accounting, finance, economics and financial markets, such as stock, bond and money markets. Examples will be drawn both from the domestic and international contexts. Concepts and terms in business are often necessary tools, not only for the student or lawyer practicing in traditional business law areas, such as corporations, mergers and acquisitions, securities law, antitrust and corporate finance, but also in most other areas of practice, including for example, domestic relations law (in which the identification and division of assets is of importance), estate planning, banking law, bankruptcy, taxation, international business transactions, and even completely routine matters in torts and contracts. Without an understanding of the measurement and quantification of damages, it is difficult for the practitioner to seek complete relief in tort suits for personal injury or wrongful death (which can occupy major portion of the tort practitioner’s work). Similar considerations apply in respect of contractual breaches, especially in commercial settings. Finally, as law office management becomes increasingly streamlined and sophisticated, even the solo practitioner must necessarily be able to keep track of and follow receivables in his or her office, by examination of cash flow statements and balance sheets, or else, he or she would be ill-informed as to what they themselves may be earning.

COMMUNICATIONS LAW

This course examines the laws that affect mass media operations in the United States, including both print and broadcast media. Special attention is devoted to the press' freedoms under the First Amendment, but other topics such as defamation law, public access to records and courts, newsgathering torts, and statutory privileges for the press are also covered.

CONSUMER PROTECTION

This course will cover the fundamental causes of action and defenses in consumer protection law. It will examine common law antecedents of modern consumer protection law, contract and tort-based causes of action, consumer credit, compulsory disclosure statutes, consumer contract formation issues, collection and foreclosure issues, complex litigation issues of federal and state provisions, civil RICO, qui tam, class actions, and governmental enforcement.

LAW AND PSYCHOLOGY

This course explores the interface between the two disciplines in three ways: (1) traditional mental health law (insanity defense, civil commitment, etc.); (2) the psychotherapist-patient relationship (confidentiality, privilege, reporting duties); and (3) newer areas such as the Americans With Disabilities Act, tort law, family law, jury and evidentiary issues, conflict resolution, and therapeutic jurisprudence.

PERSONAL INJURY LITIGATION

This course gives a broad and detailed overview of the area of Personal Injury Law. It details of the trial of a typical personal injury case, tried by a young lawyer right out of law school, from claim investigation, pleadings, and discovery to trial, post trial motions, and appeal, focusing on both legal doctrines and tort litigation strategy will be examined. Also discussed are issues from a macro point of view, that is, tort reform and whether the government should be involved in regulating