Self-Serve tier

Stress-test Rule 23 class certification for products liability and consumer claims under Comcast v. Behrend. Map prerequisites (numerosity / commonality / typicality / adequacy) plus 23(b)(3) predominance and class-wide damages model fit.

Map the 50-state landscape of comparative vs contributory negligence and apply it to products liability claims — pure comparative, modified (50%/51%), or contributory bar. Includes interaction with strict liability, misuse, and assumption of risk.

Apply Federal Rule of Evidence 702 (post-2023 amendment effective Dec 1 2023) and Daubert / Kumho Tire to expert testimony in products liability. Map to Frye states. Reset the gatekeeping baseline that the 2023 amendment was designed to enforce.

Choose between, or layer, the risk-utility test and the consumer-expectations test for design defect. Map state-by-state which test controls and when both can be charged to the jury.

Apply the learned intermediary doctrine to prescription drug and medical device failure-to-warn claims. Identify exceptions (DTC advertising, mass immunization, contraceptives in some states) and surface heeding-presumption posture.

Build or defend a manufacturing-defect claim under Restatement (Third) §2(a) — the unit departed from the manufacturer's intended design. Includes process-control evidence, exemplar testing, and malfunction-doctrine path.

Run MDL strategy under 28 USC §1407 — JPML transfer petition, transferee court coordination, bellwether trial selection, Lexecon waiver, common-benefit fund, and remand. Both plaintiff and defense playbooks.

Run preemption analysis for products liability claims — express preemption (statutory text), implied conflict preemption (impossibility / obstacle), and field preemption — with Bates v. Dow as anchoring case.

Apply BMW v. Gore three-guidepost analysis and State Farm v. Campbell single-digit-ratio guidance to punitive damages in products liability. Includes due-process review, state caps, and bifurcation strategy.

Apply Restatement (Third) of Torts Products Liability (1998) §§1-2 — three categories of defect (manufacturing, design, warning), reasonable alternative design (RAD) requirement for design defect, and risk-utility framework.

Distinguish statute of limitations from statute of repose in products liability. Identify the trigger, accrual rule, and tolling for each, and avoid the irrevocable-bar trap of repose.

Build a §402A strict products liability theory under Restatement (Second) of Torts §402A — defective condition unreasonably dangerous, in business of selling, reaches user without substantial change, causation, damages.