Schnader has combined the depth and breadth of its product liability practice with its Appellate Practice Group, nationally recognized as one of the premier appellate advocacy groups in the nation. Product liability cases often continue beyond a jury verdict or ruling on a dispositive motion. We understand and appreciate the consequences and costs to clients of post-trial proceedings and appeals in product liability matters. The outcome of an appeal affects not only the case at issue, but can also have a substantial impact on the course of future litigation against a client or an industry, as well as a client’s reputation, its operations, and even its economic viability.
Our team handles post-trial and appellate issues in these cases with the same knowledge and skilled advocacy we use during trial. We protect favorable verdicts and trial court decisions on appeal. Clients also look to us for assistance in overturning verdicts and court rulings against them. We have obtained new trials in product liability cases and we have succeeded in reversing punitive damage awards and reducing damages in products matters.
Our team often is called upon to assist other trial counsel before a verdict is reached. We offer strategic advice and insight to our clients on the issues that later become the focus of post-trial and appellate proceedings. We assist other counsel during trial and provide guidance to ensure that issues are preserved for appeal and that the case is positioned for optimal appellate review.
Our Appellate Practice team includes a former Third Circuit Judge, numerous former law clerks and leaders in the appellate bar. For a more thorough description of our Appellate Practice Group, please click here. A sample of our appellate advocacy in product liability matters is listed below.
- Hutchinson v. Penske Truck Leasing Co. (Pa. Supreme Ct. 2007). A Philadelphia County jury awarded the plaintiff truck driver in a rollover accident case $5.5 million in compensatory and $10 million in punitive damages. Engaged at the post-trial stage and working closely with trial counsel, Schnader first succeeded in convincing the trial court to vacate the punitive damages award against our truck manufacturer client. On appeal to the Pennsylvania Superior Court, the Superior Court affirmed the trial court’s vacatur of the punitive damages award and, in addition, granted our client a new trial based on the erroneous admission of evidence of other accidents. The Pennsylvania Supreme Court affirmed Superior Court’s decision.
- Quiet Technology DC-8 v. Hurel Dubois (Eleventh Circuit Court of Appeals). Schnader prevailed in the Eleventh Circuit in an action challenging the trial court’s admission of expert testimony by computational fluid dynamacist in an action for defective design of thrust reverser modifications for DC-8 aircraft.