Clark Hill's product liability experience is nationwide, having tried cases to verdicts in thirteen states. Decisions of cases tried by Clark Hill have been published in the Sixth, Seventh and Eighth Circuit Courts of Appeals, among others. Clark Hill attorneys have successfully defended a broad range of products including automobiles, personal computers, motorcycles, tractor trailers, watercraft, jet and general aviation aircraft; industrial presses and other heavy equipment; construction and agricultural equipment; forklifts and trucks, material handling equipment; air rifles, and consumer products.

THE CLARK HILL APPROACH TO BREACH OF WARRANTY MATTERS
Our approach to warranty matters is centered on streamlining processes to efficiently execute repetitive tasks with an eye on delivering quality service, while managing the risks and the legal costs of each client. We have categorized our approach to effectively handle and manage Lemon Law/Breach of Warranty cases into four distinct phases:

Phase One: Early Evaluation
Review the pleadings, initial file material and answer the plaintiff's complaint. This allows us to time to critically review the case to evaluate its merit or lack thereof.

Phase Two: Discovery
If we proceed past Phase One, the discovery period allows us to inspect the subject product, depose the plaintiff and plaintiff's expert. After Phase Two is completed, we are able to confirm the merits of the case and along with the client, determine how the matter should proceed.

Phase Three: Summary Disposition and Case Evaluation
Following discovery, if appropriate, we will prepare and file an appropriate motion for summary disposition. If unsuccessful, we will then proceed to ‘Case Evaluation’ as required by Michigan Court Rules. A case evaluation panel in Michigan is comprised of three attorneys: one defense-oriented, one neutral and one plaintiff-oriented. Case evaluation requires the preparation of a brief and participation in a hearing. After the case evaluation panel issues an award, the parties have 28 days to accept the award or the case proceeds to trial. A party who rejects the evaluation can be exposed to potential sanctions should the matter be tried to verdict.

Phase Four: Trial
This phase, of course, includes all trial preparation including preparation of witnesses. This would also include attendance at pre-trial hearings, motion hearings and settlement conferences.

We have found that our systemized approach and staffing model controls the costs associated with litigation and gives us the flexibility to provide these services through a non-traditional fee structure. This model maintains the active involvement of the client’s legal department and allows case status and update information to be forwarded electronically.