Our Knowledge of the Legal And Technical Issues
Our practice model of handling product liability cases focused on specific product types allows us to acquire the degree of knowledge necessary to provide our clients with the highest quality representation available. Markland Hanley’s knowledge of the law and of the technical issues is your company’s shield in response to plaintiffs’ trial lawyers’ unjustified attacks on your company’s products. Our knowledge is a foundation for the sense of calm and confidence that in-house counsel and company management can feel in the product liability storm.
Our Knowledge of the Law
Because we focus our practice on limited legal niche areas (e.g. products liability focused on a limited class of products and types), our knowledge of the law in these niche areas is extremely deep and well organized. For instance, we have exhaustive internally developed proprietary books that summarize Texas product liability law, and Texas and federal law regarding the exclusion of adverse experts, which can be repeatedly utilized without costly payment for an attorney’s education. We systematically review all Texas Supreme Court cases and applicable federal cases dealing with Texas product liability law and with exclusion of experts’ testimony, among other subjects, and we continually update our proprietary books on these subjects.
Our Knowledge of Technical Issues
We have taken the non-billable time necessary to learn the engineering, medical and other technical issues that arise in product liability cases involving the types of advanced products that we defend. Our goal is to be technical experts regarding such products, as well as legal experts. Because we focus our practice on limited technical areas (e.g. autonomous products) our knowledge of the technical issues arising in litigation regarding such areas is extremely deep and well organized. Our existing technical knowledge can be repeatedly utilized without costly payment for an attorney’s education.
Our focus on the noted autonomous product groups recognizes the overlaps relative to technical and legal issues in products liability litigation that exist within the cases involving these product types. We learn ever more about the technical and legal points useful in the practice related to each of the product groups. Autonomous vehicles do and will incorporate robotic product aspects, including sensory inputs, algorithmic based judgments, and programmed actions. Drones of the future will employ similar autonomous or partially autonomous functions. Artificial intelligence functions will be incorporated into and permeate the world of autonomous vehicles, drones, robots, and eventually nano-medical devices. Nano-medical devices will incorporate many of the autonomous systems, learning, judgment and action functions as do some autonomous vehicles, robots, drones, and other artificial intelligence assisted products. Learning about handling products cases related to all of these product groups will reinforce and build on our firm’s competencies and will constitute Markland Hanley as a unique law firm – the law firm most capable of handling product cases relating to autonomous and partially autonomous products. Like computer chips under Moore’s law, our knowledge and capabilities will grow exponentially every few years. We will be most able to defend technologically advanced products- because we are defenders of overlapping types of advanced products, including autonomous and partially autonomous products, all confronted by similar attacks by plaintiffs’ trial lawyers and all confronted with the need for similar technical and legal responses to such attacks.
Like computer chips under Moore’s Law, our knowledge and capabilities will grow exponentially every few years.
Our Knowledge of Inter-Company Relationships
We have also educated ourselves regarding the present and developing acquisitions being consummated, and partnerships being forged within the autonomous products industries. For example, we are aware of and understand the acquisitions consummated and partnerships formed by major players in the autonomous vehicle arena such as Ford Motor Company (SAIPS acquisition, Argo Artificial Intelligence investment, Nirenberg Neuroscience license agreement, Velodyne investment, partnership with Lyft), Delphi Automotive (Ottamatika acquisition, NuTonomy acquisition, partnerships with BMW, Mobileye, Intel, and Audi), Continental (partnerships with BMW, Intel, and Mobileye), Intel (partnerships with Waymo and Tesla), and Nvidia, (partnerships with Audi, Toyota, Tesla, Mercedes-Benz, Volvo, Volkswagen, Bosch, ZF, and Mobileye). Our knowledge of these developing acquisitions and partnerships will assist in avoiding any proposed defensive responses to plaintiffs’ trial lawyers’ attacks that might impair these inter-company relationships.
Our Effective Use of Our Knowledge
We utilize our extremely organized knowledge of substantive product liability law and expert testimony exclusionary law, and of the technical issues seen in our clients’ cases, at every stage of litigation to destroy our adversaries’ experts and their technical cases. Our efforts result in the most cost-effective disposition of the case for the client.
Our goal is to do the following better than anyone else in the world:
Destroy the adversaries’ experts through questioning during depositions, putting in place all of the viable grounds for excluding the experts’ opinions and otherwise undermining their testimony, including use of the Texas law exclusionary cases of E.I. Dupont de Nemours Co. vs. Robinson and Merrill Dow Pharmaceuticals, Inc. vs. Havner.
Prepare, and argue the strongest possible Daubert/Robinson/Havner and other exclusionary motions, maximizing the chance of exclusion of the experts’ testimony, followed by strong motions for summary judgment, thus putting on our adversaries the maximum leverage for settlement or as necessary putting together the maximum efforts needed to try the case.
Develop our clients’ technical experts’ positions, including through highly persuasive testing, demonstrations, statistical and other technical evidence.
Prepare our clients’ in-house witnesses and defense side experts to be fully ready to perform in deposition and trial testimony at the highest level, including assisting them in understanding Texas and federal law, including expert witness exclusionary law.
Utilize our knowledge of the law to develop all beneficial substantive legal positions for our clients.
Our success in developing knowledge in our areas of practice and the results arising from such knowledge are reflected in the testimonials and in the professional accolades that we have received. We would particularly point to the testimonials on this website provided by some the best plaintiffs’ trial lawyers practicing product liability litigation.