Livingston and Hentschel Have Product Liability Evidence Article Published in the IADC’s Defense Counsel Journal

July 2011

Whether subsequent design change evidence is admissible in a product liability case depends on where the case is venued. The Federal Rules of Evidence and many states courts exclude such evidence as irrelevant and against public policy. Some states, including California, still allow this evidence to be admitted. In an article recently published in the peer-reviewed Defense Counsel Journal, a publication of the International Association of Defense Counsel ("IADC"), Craig Livingston and John Hentschel survey the authorities addressing the issue and argue that the Federal Rule is better reasoned, is in keeping with the public policy goals of strict product liability actions, and that the California Supreme Court case which first authorized the admission of this evidence, Ault v. International Harvester, Inc., is outdated. The article also provides guidance and strategies for attorneys defending product liability cased on how best to address these issues when they arise. The article is entitled, “Finding Fault with Ault: Why the Exclusion of Subsequent Design Change Evidence in Product Liability Cases Makes Sense, Even in California.”

 
 
 

Craig Livingston Speaker At SAAMI Committee Meetings In Seven Springs, Pennsylvania

June 2011

The Sporting Arms and Ammunition Manufacturers’ Institute (SAAMI), an association of the nation's leading manufacturers of firearms, ammunition and components, held its annual committee meetings at the Seven Springs Mountain Resort in Seven Springs, PA in June. Mr. Livingston spoke before the SAAMI Legal & Legislative Committee to discuss recent legal developments of interest and importance to firearms and ammunition manufacturers. The meetings was followed by the 55th Anniversary SAAMI Shoot and Auction to benefit the U.S. Olympic Shooting Team in its quest for gold at the upcoming Olympic Games in London, England. SAAMI was created in 1926 at the request of the federal government and tasked with creating and publishing industry standards for safety, interchangeability, reliability and quality, coordinating technical data, and promoting safe and responsible firearms use.

 
 
 

Livingston and Van Der Putten Attend Drug and Medical Device Seminar

May 2011

Shareholder Craig Livingston and Associate Crystal Van Der Putten attended DRI’s 27th Annual Drug and Medical Device Seminar in Chicago, Illinois on May 5 – 6, 2011. The two-day program focused on topics related to litigation in the pharmaceutical and medical device industry, including both procedural and substantive law topics. While visiting Chicago, Mr. Livingston and Ms. Van Der Putten also attended events at the Art Institute of Chicago and the Trump International Hotel.

 
 
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John C. Hentschel Recaps Key Points in ACOEM's Updated Postion on the Adverse Health Effects Associated With Molds in the Indoor Enviornment

April 1, 2011

John C. Hentschel provides perspective on ACOEM’S recently updated position paper on the adverse human health effects associated with molds in the indoor environment. In defending litigants in mold exposure cases, one of the key tasks is educating your judge and jury at trial or, for purposes of resolving the case pre-trial, the plaintiff and his/her attorney as to the true health risks associated with exposure to elevated concentrations to airborne molds in an indoor environment. Click here to learn what every attorney should know about this recent update.

 
 
 

Renée Welze Livingston Featured Speaker at ACI Trucking Conference in Chicago

March 31 - April 1, 2011

Renée Welze Livingston was a featured speaker at American Conference Institute's 2-day forum on Defending and Managing Trucking Litigation at the Sutton Place Hotel in Chicago on March 31 - April 1, 201. Ms. Livingston spoke on Accident Reconstruction and The Use of Biomechanical Expert Witnesses. ACI describes the program as the "essential defense counsel forum" for leading outside counsel litigators, in-house counsel for trucking companies, carriers, risk managers, claims professionals and insurers. For more information, click here for the full color Event Brochure.

 
 
 

Crystal L. Van Der Putten Attends NAMWOLF Business Meeting in Miami Beach

February 22 - 23, 2011

Crystal L. Van Der Putten recently attended the National Association of Minority and Women Owned Law Firm Business Meeting held in Miami, Florida. NAMWOLF, established in 2001, was formed to encourage major corporations and public entities to utilize the services of minority and women-owned law firms and is celebrating its 10th Anniversary this year. The Business Meeting is an opportunity to get involved in NAMWOLF’s upcoming activities, including the Annual Law Firm Meeting and Expo. It also provides outside counsel and in-house counsel the opportunity to learn what NAMWOLF accomplished in 2010 and what it hopes to accomplish in 2011. For example, NAMWOLF’s Inclusion Initiative exceeded its $30 million dollar first year commitment to minority and women owned law firms by over $12 million dollars. In 2011 Inclusion Initiative member companies set a collective goal of spending $70 million dollars with Minority & Women's Business Enterprise companies.

 
 
 

LLF Wins Summary Judgment In Favor of Stockton Shopping Mall In Slip-and-Fall Case

January 14, 2011

In Mokuahi v. Weberstown Mall, San Joaquin County Superior Court Case No. 2009-00208275, the plaintiff alleged she slipped and fell on a wet spill in the common area of Weberstown Mall in Stockton. As result, plaintiff claimed severe and permanent injuries and sought significant compensatory damages from the owner and operator of the mall. LLF brought a Motion for Summary Judgment on the grounds the mall had no actual or constructive knowledge of the alleged spill and also had adequate inspection procedures in place to identify and remediate spills in a timely manner pursuant to Ortega v. Kmart Corp. (2001) 26 Cal.4th 1200. The Court, agreeing with both LLF arguments, granted Summary Judgment in favor of the defendant owner and operator on January 14, 2011.

 
 
 

Crystal L. Van Der Putten Elected to Contra Costa County Bar Association Women’s Section Board of Directors

December 2010

Crystal L. Van Der Putten has been elected to serve on the 2011 Contra Costa County Bar Association Women’s Section Board of Directors as secretary. The Women’s Section of the CCCBA is committed to the advancement of women in the legal profession and the judiciary and is an affiliate of California Women Lawyers, whose goal is to promote rights and laws concerning women, children, and diversity.

In her role as secretary Ms. Van Der Putten is helping to plan various events the Women’s Section will hold throughout 2011, including the Women’s Section Annual Wine Tasting and Silent Auction on March 24, 2011 from 5:30 p.m. to 7:30 p.m. at the Contra Costa County Country Club. The Annual Wine Tasting and Silent Auction will benefit the Honorable Patricia Herron and the Honorable Ellen James Scholarship Fund.

 
 
 

Livingston Law Firm Celebrates Ten Years of Legal Excellence

December 2, 2010

On December 2, 2010, Livingston Law Firm celebrated its 10th anniversary with friends, colleagues, family and members of the legal community. Prima Ristorante of Walnut Creek provided a delicious assortment of appetizers and desserts. Prima Vini was on hand serving a variety of offerings from its cellars. LLF was proud to feature The Lindsay Wildlife Museum as its charitable beneficiary for 2010. The Lindsay Wildlife Museum currently serves more than 100,000 visitors each year, including 40,000 school children, and contributes more than 120,000 hours of service each year to education, wildlife care, museum operations, fundraising and outreach. Livingston Law is extremely proud of its accomplishments in the legal field and looks forward to many years of continued legal excellence.

 
 
 

Livingston Law Firm Awarded Certification by WBENC

November 11, 2010

Livingston Law Firm is proud to announce that it has received the prestigious “Women’s Business Enterprise” certification by the Astra Women's Business Alliance, a regional certifying partner of the Women’s Business Enterprise National Council (WBENC). Certification by the WBENC follows a rigorous and detailed review of the firm’s business practices and finances, as well as an in-depth interview and on-site inspection. Many corporations and government agencies consider WBENC certification as the “gold standard” of WBE certifications nationally and often rely exclusively on WBENC certification when choosing business partners and outside vendors as part of ongoing diversity supplier initiatives.

About WBENC

The Women’s Business Enterprise National Council is the nation’s largest third party certifier of businesses owned and operated by women in the United States. WBENC is a resource for the more than 700 US companies and government agencies that rely on WBENC’s certification as an integral part of their supplier diversity programs.
 
 
 

Livingston Law Firm Gives Back - Magical Night of Giving

November 21, 2010

Livingston Law Firm was a proud sponsor of Weberstown Mall's Magical Night of Giving. The charitable event was held on Sunday, November 21, 2010 at Weberstown Mall in Stockton, California. The Magical Night of Giving is a philanthropic event that kicks off the holiday season each year and supports numerous local charities.