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    12.11.14 Professor Twerski’s Article, “Fixing Failure to Warn,” Earns Advanced Acclaim by New York Law Journal
    Professor Aaron Twerski

    “Fixing Failure to Warn,” a forthcoming article in the Indiana Law Journal by Professor Aaron D. Twerski and co-author James A. Henderson Jr., professor emeritus at Cornell Law School, “merits serious attention by the bench and litigation bar,” writes Michael Hoenig in the December 8, 2014 issue of the New York Law Journal.

     “Provocatively titled, "Fixing Failure to Warn," the noted authors once again reveal serious ills in the current system of warnings litigation and provide a logical, simple "fix" that is analogous to a widely accepted construct in product design litigation,” Hoenig writes. “They suggest that, just as a claimant alleging a defective product design must prove the practicable feasibility of defendant incorporating a safer ’reasonable alternative design‘ (RAD), so too, a claimant urging a product's inadequate warning should have to prove a safer reasonable alternative warning (RAW).” The authors' newly proposed "fix" can be viewed as part of a continuum of their scholarly writings on warning law. The new proposal merits serious reflection if not immediate adoption, according to Hoenig.

    Professor Twerski is a preeminent authority in the areas of products liability and tort law. The American Bar Association's Tort Trial & Insurance Practice Section has honored him with the Robert B. McKay Law Professor Award, which recognizes law professors who are committed to the advancement of justice, scholarship, and the legal profession in the fields of tort and insurance law. He was co-reporter for the American Law Institute's Restatement of the Law (Third) Torts: Products Liability, and for his distinguished performance, the ALI named him the R. Ammi Cutter Reporter.

    Twerski is a prolific scholar, having published dozens of law review articles on torts and products liability law. He also has authored with Henderson the 1990 article about warnings "Doctrinal Collapse" that appeared in the NYU Law Review, which cited the article in 2000 as one of the 25 most influential articles published by the NYU Law Review over the previous 75 years. Twerski is also the author of the leading textbook Products Liability: Problems and Process as well as Cases and Materials on Torts, both published by Aspen.

    His expertise has been widely called upon by state and federal legislative bodies considering product liability and mass tort legislation, and he is a frequent lecturer to the practicing bar. He serves as special counsel to the law firm of Herzfeld and Rubin, and he was appointed as a special master in the federal 9/11 cases dealing with the injuries claimed by those involved in the cleanup of the World Trade Center site.

    Read more about Professor Aaron Twerski.

    Read the full New York Law Journal article (requires subscription).