Case Types

Sterling Anthony, CPP

My product liability and personal injury cases have involved products ranging from consumer nondurables to heavy industrial durables, with injuries ranging from serious to fatalities.  The scenarios under which the incidents occurred include home, workplace, retail, and public.  The crux of my opinions addressed: whether the packaging was defective; the nature of the defect i.e. design, manufacturing, or marketing; whether a defect rendered a product unreasonably dangerous; whether the defects were causal to the injuries; whether, but for the defects, the injuries would not have happened; and, in cases involving falling merchandise and falling cargo, whether certain practices, such as material handling played roles.

My failure-to-warn cases were diverse as to products and scenarios.  The crux of my opinions addressed: whether the product embodied a hazard; whether the hazard imposed a duty to warn; and, whether a given warning was adequate as to content and format.  In the determination of the aforementioned, I always cite well-accepted principles and the literature.

My patent infringement and trade-dress infringement cases have included a variety of packaging categories.  As an expert, I know that I am not to opine on the question of infringement nor on invalidity because that task is the province of the jury.  The crux of my services——in the role of the legal construct of a person ordinarily skilled in the art at the time of the invention——involved: evaluation of the patents at issue; evaluation of prior art; inputs to the construction of claim charts; advice on the interpretation of claim terms for Markman hearings; and, writing reports, including rebuttals to the reports of the opposing expert.

My cargo loading and securement cases have encompassed the individual transportation modes of truck, rail, ship, and airplane, in addition to intermodal. The incidents involved injuries related to cargo loading and cargo unloading at docks, rail yards, sea ports, and airports, and in some instances from highway accidents stemming from spilled cargo.  The crux of my opinions addressed: whether the cargo was loaded and secured so as to be safe to all exposed parties; whether applicable regulations and standards-of-care were followed; and, ancillary issues, such as employee training.

My insurance claims for damaged cargo cases have covered a mix of products, industries, and logistical services.  The crux of my opinions addressed: the causes of cargo damage; the practices, regulations, and standards-of-care that are applicable to the specified industry; and, the practices, regulations, and standards-of-care that are applicable to the specified logistical services, i.e. transportation, warehousing, and inventory control .