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Litigating the Failure to Warn Claim: Plaintiff and Defense Courtroom Strategies

SKU: LIT3300
Total Credits
2 - 2.5
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Though it seems almost impossible in an age of all-inclusive warning labels, failure to warn claims abound. But what is a failure to warn claim and how is it litigated?

This CLE course will use relevant case law to present the flow of failure to warn litigation and how to strategically litigate cases. The course will include an in-depth discussion of warning claims, warnings experts, their credentials and when and how to utilize them, data gathering and trial preparation. The course will include role-playing various scenarios such as depositions and trial questions.

Lecturer Bios

Gerald Martin Goldhaber, Ph.D.

Dr. Gerald M. Goldhaber is President and CEO of Goldhaber Research Associates, LLC, founded in 1978 and celebrating 35 years as a full service consulting firm.

Dr. Goldhaber, a member of the Human Factors & Ergonomics Society, has given depositions and trial testimony as an expert witness in over 175 cases for numerous Fortune 500 companies and has published several articles and monographs on the subject of warning labels for such journals as Forensic Reports and The Journal of Products & Toxics Liability.

A nationally recognized expert in the fields of product liability, warning label design, evaluation, and applied research as it relates to trademark surveys, Dr. Goldhaber has defended the results of his surveys in state and federal courts, as well as critiquing and evaluating opposing surveys and opinions. GRA’s trademark litigation experience includes numerous top corporations and some of the largest law firms in the United States.

Denise M. Dunleavy, Esq.

Named by the National Law Journal as one of the nation’s top 50 women litigators, Denise Dunleavy dedicates her practice to plaintiffs in personal injury and products liability cases. Although she handles a variety of cases, her passion is obtaining civil justice for victims of preventable crimes.

Dunleavy, the senior trial lawyer and partner at Kramer & Dunleavy LLP, has won nearly $20 million on behalf of crime victims in lawsuits involving property owners with inadequate or defective security, becoming one of the first lawyers in New York to develop an expertise in this area. Many of these cases involved women who were sexually assaulted and/or raped due to inadequate building security. As a result of her work in this area, victims as well as neighbors, visitors, the property owners, and the community at large, are now more aware of this widespread problem across the nation. More importantly, security in these cases has been corrected and improved.

Well known for her litigation involving women’s health issues, Dunleavy is a pioneer in breast implant litigation. She is the only lawyer to receive a punitive damage award in a products liability case against a breast implant manufacturer by a federal judge following a bench trial. In addition, she tried the first breast implant case alleging and proving that breast cancer resulted from the polyurethane foam of a particular implant. In that case, she won a $4.5 million dollar verdict for her client and was instrumental in getting the product removed from the marketplace within six weeks after the verdict. Dunleavy has published numerous articles on and has spoken frequently on this subject.

Dunleavy also focuses her energy on cases involving sexual assault, birth trauma, sexual harassment, product liability, wrongful death, auto/trucking accidents, brain injury, civil rights law, as well as construction law and labor law which focus on those who suffer preventable injuries in the workplace.

One of Dunleavy’s biggest successes came in 1999, when she took on the seemingly impenetrable gun industry on behalf of seven families of gunshot victims in Brooklyn, N.Y. In February of that year, a federal jury for the first time found a gun manufacturer liable for injuries caused by a handgun. The case (Hamilton v. Accu-tek), which received international media attention, exposed in detail how the gun industry’s negligence in marketing and distribution allowed weapons to flow illegally to states with strict anti-gun possession laws. Dunleavy’s passionate arguments in the case helped focus national attention on how loosely regulated gun shows in the South have led to numerous gunshot victims, including many children and teens. For her work on this case, she was named Trial Lawyer of the Year from the Trial Lawyer for Public Justice. And, as a result of her efforts in the Hamilton v. Accu-tek case, the NAACP also quickly retained Dunleavy in 1999 in a pending lawsuit against 100 gun makers in an attempt to change the way firearms are marketed and distributed.

Some other career highlights include:

  • Serving as a lead attorney in products liability litigation involving the lactation-suppressing drug Parlodel.
  • Winning a $2.25 million verdict in 2001 against a plastic surgeon for unauthorized and unnecessary removal of lymph nodes during the surgical removal of silicone breast implants.
  • Representing a client who alleged that doctors failed to adequately diagnose breast cancer caused by a carcinogen;
  • Representing a client who alleged that the failure of a hospital and certain doctors to detect Group B Streptococcal Disease (GBS) resulted in permanent injuries to a child after birth.
  • Dunleavy also handles cases in which pharmaceutical companies introduce and market drugs to women that pose significant health risks.

    She is admitted to practice in New York state; the U.S. District Court; the Southern and Eastern Districts of New York; U.S. Court of Appeals; and Second Circuit, U.S. Court of Appeals and Eleventh Circuit Court.

    Dunleavy received a bachelor’s degree from New York University and a Juris Doctor from New York Law School. She is a member of the Association of Trial Lawyers of America, Metropolitan Women Bar Association, New York State Trial Lawyers Association and the Trial Lawyers for Public Justice.

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