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Practice Tip: The Rules of the Court of Public Opinion

By Jennifer Smith Finnegan and Leah Loeb
May 26, 2010

In which court is your latest product liability case pending? The answer may be not only a court of law, but also the court of public opinion. Media trials are certainly nothing new (think the Lindbergh Baby kidnapping trial in 1935). Yet the abundance of media outlets and the 24/7 news cycle they have created, both driving and feeding America's insatiable appetite for up-to-the minute news and gossip ' network and cable television, newspapers, blogs, social networking and social media sites, texting, radio, and magazines ' make it necessary to be prepared to try high-profile cases in the media as well as in court.

Product liability lawsuits tend to fall into this category of cases: They often involve sympathetic plaintiffs, with significant injuries, who allege that widely used products are unsafe or that the companies that make them have ignored the safety and welfare of consumers. Many plaintiffs' lawyers work closely with journalists and also create Web sites dedicated to their claims. Stories about product liability disputes quickly reach vast audiences, including consumers of your clients' products, your clients' investors, lenders, vendors, employees, and competitors ' not to mention judges and prospective jurors. Responding “no comment” to media inquiries can leave those audiences with an incorrect or damaging view of the case, your client and its products.

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