I am the Co-Chairman of the Products Liability Substantive Law Committee for the South Carolina Defense Trial Attorneys Association ("SCDTAA"), and I have been working with SCDTAA on some programming ideas (which I alluded to in this post). Specifically, I wanted to do the first ever Continuing Legal Education ("CLE") seminar devoted entirely to South Carolina products liability law and offered through SCDTAA. I reached out to members to gauge interest and solicited ideas for topics. I am pleased to report that this CLE has come together and registration is now "open." (Thanks to the Collins & Lacy, P.C. Marketing Department and Aimee Hiers at SCDTAA for all their assistance!)
On August 24, 2012, we will have an entire day of speakers and topics devoted to South Carolina's products liability law and defending these claims. This CLE is available to members of SCDTAA, attorneys associated with a firm that is a member of SCDTAA, and individuals who work in claims management. All of the information and registration can be found at this link. A cut and paste of the agenda and speakers is below.
2012 SCDTAA Products Liability Continuing Legal Education Program:
Defending Products Liability Claims and the
Future of South Carolina’s Products Liability Law
August 24, 2012
8:00 to 9:00 a.m. Registration and Continental Breakfast
9:00 to 9:15 a.m. Welcome and Introduction
Brian A. Comer, Collins & Lacy, P.C.
Molly Craig, President of SCDTAA
9:15 to 10:00 a.m. Defending the “Defective Condition, Unreasonably Dangerous” Requirement in
Products Liability Cases South Carolina
Sam Sammataro and Curtis Ott
Turner Padget Graham & Laney, P.A.
· Manufacturing Defect: Consumer Expectations Test
· Design Defect: Risk Utility Test and Necessity of Feasible Alternative Design after Branham v. Ford Motor Co.
· Proof of Defect in Warnings Cases
10:00 to 10:45 a.m. Expert Issues in Products Liability Cases
· Do I have to have an expert in a products liability case? Implications of Watson v. Ford Motor Co., 5-Star v. Ford Motor Co., and the role of expert testimony in warnings cases.
Law Concerning Expert Testimony Generally South Carolina
· Qualification and Reliability of Opinions post-Watson
10:45 to 11:00 a.m. Morning Break
11:00 to 11:45 a.m. Using the Evidentiary Rules to Your Advantage
Bowman and Brooke, LLP
· Keeping Out Post-Distribution Evidence
· Admissibility of Other Similar Incident Evidence
· Dealing with Recalls
· Advancing Safety Themes
11:45 to 12:30 p.m. The Power of Demonstrative Evidence in the Products Liability Case: A Demonstration of Trial Graphics and How to Teach the Jury Visually
Nelson Mullins Riley &
12:30 to 1:30 p.m. Lunch and Speaker
The Latest from the Consumer Product Safety Commission: What’s Going On and How it Impacts Products Liability Defendants
Kenneth R. Hinson, Executive Director
1:30 to 2:15 p.m. How the Second and Third Restatements of Torts Affect Product Liability Law in
· Restatement (2d) of Torts § 402A and the
Defective Product Act South Carolina
· Branham v. Ford Motor Co.’s Movement Toward Restatement (Third) of Torts
· Differences in the Restatements and Implications for Litigation
2:15 to 3:00 p.m. The Economic Loss Rule in
Products Liability Law South Carolina
Moore and Van Allen PLLC
3:00 to 3:15 p.m. Afternoon Break
3:15 to 4:00 p.m. Jury Selection and Cross Examination of Experts in the Products Liability Case
Bowman and Brooke, LLP
4:00 to 4:30 p.m. Apportioning Liability in
Products Liability South Carolina
McAngus Goudelock & Courie, LLC
· Apportioning Liability Between Strictly Liable Sellers
· Apportioning Liability Between a Strictly Liable Retailer(s)/Distributor(s) and Negligent Manufacturer(s)
· Application of Comparative Negligence in the Strict Liability Setting After Berberich v. Jack, 392 S.C. 278, 286, 709 S.E.2d 607 (2011)
4:30 to 5 p.m. TBD
I am hoping to have a great turnout because we have a "superstar" group of speakers from a cross section of the legal profession. I am also looking for potential sponsors for the event, so if you have any interest in sponsorship, please contact me for details.
Hope to see you there!