Drug and Device Preemption & Expert Witness & Scientific Evidence Summit

July 14, 2008 - July 16, 2008
The Union League
Philadelphia, PA


Preemption is unquestionably the most powerful defense available to a drug or device manufacturer in product liability litigation because of its potential to eliminate all failure-to-warn claims involving a particular product. A win on preemption can save a company millions of dollars in litigation fees/discovery costs and potential jury awards. However, the uncertain state of preemption law at this time creates challenges to successfully asserting this defense.

The Supreme Court's silence on the issue of preemption is coming to an end. The trilogy of cases granted certiorari during the 2008 term have the potential to change product liability litigation as we know it, and the industry is anxiously awaiting the Court's final decision. While the win for device manufacturers in Riegel seemed to indicate that the Court would strongly uphold preemption in all three cases, the split decision in Kent dealt a blow to pro-preemption advocates and has left everyone guessing as to what the court will decide in Levine and what the Third Circuit will hold in the Colacicco/McNellis companion cases. Plus, a draft anti-preemption bill circulated on Capitol Hill would legislatively reverse Riegel. As the preemption law landscape changes, drug and device litigators and in-house counsel need to prepare for this pivotal time.

In order to successfully assert the preemption defense, litigators and in-house counsel need to know how to take full advantage of recent court rulings favoring preemption. Our faculty of preemption experts will analyze the nuances of recent decisions and provide their insights into how to use these cases effectively in future litigation. In addition, the faculty will examine every possible outcome in the Levine case to prepare you for what is sure to be a landmark decision. Also learn how preemption can be applied in non-failure to warn claims and get speakers' insights into what novel theories of liability plaintiffs' counsel may pursue next.

After preemption, Daubert provides the next strongest weapon in the defense counsel's arsenal. Expert testimony and scientific evidence are the cornerstone of every products liability case. Although judges in both state and federal courts still struggle with their gatekeeping function under the Daubert (or equivalent) standard, if you can effectively prove the qualifications of your expert, as well as demonstrate the reliability of that opinion as it applies to the facts of your case, you can save your client thousands, even millions of dollars in litigation costs, reputational damage, and lost revenue. Jurisdictional standards vary and the stakes are high: the pressure is on you to dispel litigation as early on as possible. Learn from the experts who have litigated the drug and device industry's most high-stakes and high-publicity litigation in recent years, as they discuss with you strategies for effectively challenging the plaintiff's expert to defeat your opponent's case before it starts.

This one-day junk science summit on Expert Witness and Scientific Evidence will feature top-notch, experienced pharmaceutical and device defense litigators, who will discuss with you strategies that have worked in convincing judges to render an expert's opinion inadmissible when it counts most. An advanced, one-day conference specifically designed to present a forum for senior-level litigators to cross-fertilize and share best practices, this summit will provide you with proven insights to ensure your client's case does not progress beyond the Daubert hearing. The Summit will also include a View from the Bench on Federal and State Daubert Standards, which will feature a moderated discussion by jurists on how they weigh witness and scientific evidence when deciding for or against the admissibility of an expert's testimony. Register now to ensure your place at what is sure to be a sold-out event. Call 1-888-224-2480, fax your registration form to 1-877-927-1563, or register online.

Meet the Speakers

Robert N. Weiner
Senior Counsel
Arnold & Porter
Anand Agneshwar
Arnold & Porter
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