Insights & Events

DRI’s For the Defense magazine has published an article authored by David Schifrin and Melissa Baney examining defense strategies for countering evidence of product bans or restrictions in product liability litigation. In mass tort actions, plaintiffs often argue that a ban or restriction of a product at the local, state, or federal level is evidence that the product is unsafe. Such evidence is likely to mislead or confuse the jury because bans and restrictions are often unrelated to the claims at issue in the case or otherwise based on different standards than the standard for medical causation in tort litigation. To effectively combat the presentation of such evidence, defendants must first understand the regulatory framework that governs the product and the scope and rationale behind the particular ban or restriction. Only then can defendants adopt litigation strategies that maximize the chances of keeping such prejudicial information out of the hands of juries.