ABA - Section of Litigation - Regional CLE Workshop: Current Issues in Pharmaceutical and Medical Device Litigation
Event | 11.12.09, 12:00 AM UTC - 12:00 AM UTC
This one day Regional CLE Workshop will cover the latest in pharmaceutical and medical device litigation. There will be panel discussions with leaders in the field. Topics will include: nanotechnology; updates on preemption; developments in the federal laws governing pharmaceutical and medical device manufacturers; supplier quality and outsourcing risks; and much more!
Steve Niedelman is speaking on "Supplier Quality and Outsourcing Risks" and Heather Hodges is a moderator on that panel.
This panel will discuss the potential liability and regulatory risks faced by manufacturers when buying materials from suppliers or outsourcing manufacturing functions -- and steps that can be taken to mitigate those risks. Participants will receive an an overview of issues relating to supplier quality and managing the litigation/regulatory risk associated with outsourcing functions such as sub-assembly, packaging-labeling, sterilization and manufacture of component parts. Our panelists will demonstrate how to develop an effective, efficient risk-based audit program to assure incoming quality and reduce potential risk such as damage to corporate reputation or increased liability and litigation costs associated with defective products.
For more information, please visit these areas: Product Risk Management, Mass Tort, Product, and Consumer Litigation
Insights
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Has the Buss Stopped? Recoupment Today: In 1997, the California Supreme Court decided Buss v. Superior Court. In Buss, the court concluded that a liability insurer that defended a mixed action could seek reimbursement from the insured for the defense costs associated with the claims that were not even potentially covered. Since then, numerous courts have held that insurers are entitled to recoup their defense costs associated with uncovered claims or causes of action. On the other hand, a significant number of courts have rejected insurers’ right to recoupment, at least in the absence of a policy provision granting the insurer that right. Some commentators have even suggested that the current judicial trend might be away from permitting insurers to recoup their defense costs. Is that correct? Has the Buss stopped? This panel of coverage experts will analyze insurers’ claimed right to recoupment today, and offer their perspectives on what the law on recoupment should perhaps be and might be in the future.
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