Austin Associate Jennifer Foster collaborated with Erin Burke and Sarah Conway of Jones Day to co-author a chapter in the first edition of “Model Jury Instructions: Product Liability.” The American Bar Association (ABA) published this nine-chapter book in July 2017, and the book provides model instructions and legal commentary on the most common claims and defenses that arise in products liability litigation.
The chapter Foster co-authored focuses on affirmative defenses in products liability cases, including the risk-benefit defense, state-of-the-art defense, various sophisticated intermediary defenses, assumption of risk defenses, comparative fault defenses, product misuse and modification defenses, and apportionment of fault. For each sub-topic, the authors provide a pattern jury instruction that practitioners can use as a starting point in their own cases, as well as a comprehensive discussion of state-specific issues regarding affirmative defenses that commonly arise in products liability litigation.
For more information on ABA's "Model Jury Instructions: Product Liability," please click here.
Jennifer A. Foster is a member of the firm’s Drug & Medical Device and E-Discovery practice groups. Ms. Foster is a litigator with more than 10 years of experience defending pharmaceutical and medical device companies in nationwide mass tort litigation, including MDLs and coordinated state court litigations. Ms. Foster also defends liability claims on behalf of other product manufacturers and suppliers, handles a robust insurance defense practice, and manages all aspects of litigation, from pre-suit factual investigations to the highest levels of appeals.