Articles Category: Product Liability
Despite the presumption of open courts with public access that stems from the First Amendment and the common law, far too much civil litigation is taking place in secret. Unnecessary court secrecy is a threat to public health and safety, the fair and efficient administration of justice, and our democratic system of government. This problem […]
August 2016 For over half of a century, Connecticut product liability law has been premised on strict liability. See Garthwait v. Burgio, 153 Conn. 284, 289 (1965) (holding manufacturer culpable even when it “has exercised all possible care in the preparation and sale of [its] product”). Manufacturers are in a better position than the injured party […]
December 2014 Proposed rule changes could allow corporations to hide evidence Takata, the supplier of millions of defective air bags that are prone to fragment and send shards of metal flying through the cabin of the cars in which they are installed, recently denied a report that it had carried out secret tests (after normal […]
September 2013 Courts have the authority to curb discovery abuse. Lawyers have ethical obligations not to engage in discovery abuse. The right of a litigant to discovery is primarily the right to obtain information. Yet despite all of this, discovery abuse in civil litigation remains common. This undermines the integrity of the judicial process, and […]
December 2012 The deposition of a corporate defendant is often a turning point in a product liability lawsuit. In large part this is because the rules that allow for and govern depositions of knowledgeable corporate representatives impose substantial obligations. Corporate parties must designate one or more representatives and prepare them with all of the information […]