Originally Published MX January/February 2005
GOVERNMENTAL & LEGAL AFFAIRS
Taking the Offensive|
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Companies should avoid adopting a victim mentality when confronted by product liability litigation. Instead, they should seize the initiative and make things happen. Being prepared to take aggressive action in its defense sends the signal that the company is not just another defendant. In order to establish a strong offense, company executives can take the following measures.
- Build a network of defense counsel or law-firm relationships before any claims ever appear.
- Develop contacts with key supportive experts, both inside and outside the organization.
- Pursue motions for summary judgment aggressively and early in any litigation.
- File motions and seek other means to compel the plaintiff to prove the company's device was involved in a medical mishap.
- Pursue sanctions for frivolous lawsuits.
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