Nicholas J. Wittner
Professor Nicholas Wittner served for 20 years as an assistant general counsel for the Nissan North America Legal Department. He headed the Legal Department's Product Group, which is responsible for the management of product liability litigation, product-related class actions, safety and environmental regulatory compliance matters, and patent litigation. He also advised engineers in the United States, Canada, Mexico, Europe, and Japan on safety compliance, as well as product safety and liability prevention.
Before his work at Nissan, Professor Wittner was an executive attorney at General Motors for 11 years, where he managed complex multi-district product liability litigation. He is one of the nation's leading experts on preemption in product liability cases.
His professional activities have included leadership positions with the ABA Section of Litigation, including co-chair of the ABA's Products Liability Committee. He is a member of the American Law Institute. Professor Wittner served on the Members Consultative Group for and was deeply involved in ALI's Restatement Third on Products Liability. He also was the Chair of the Product Liability Advisory Council. Professor Wittner has been a frequent speaker at ABA and other professional association conferences and authored numerous professional publications.
Professor Wittner also is a member of the Board of Advisers for the Bureau of National Affairs' Product and Safety Liability Reporter, the Class Action Reporter, and Leaders' Product Liability Law and Strategy.
He earned his undergraduate degree, with high honors, from Michigan State University, and graduated cum laude from Wayne State University Law School, where he was a member of the Wayne Law Review.
Professor Wittner teaches Product Liability Law and practice. He also teaches Civil Litigation for Foreign-Educated Lawyers in the Law College’s LL.M Program.
J.D. 1979, cum laude, Wayne State University Law School; B.S. 1975, with high honors, Michigan State University
- Civil Litigation Practice and Procedure for Foreign Lawyers
This course explains the litigation process in the United States. It is designed to equip foreign-educated lawyers with the skills needed to manage lawsuits involving companies located abroad or subsidiary companies in the United States. The explanation includes (1) the jurisdiction of Unites States courts over lawsuits by or against these companies, (2) the procedures for filing or accepting a Complaint under the Hague Convention for the Service of Process Abroad and the Federal Rules of Civil Procedure; (3) discovery under the Federal Rules, especially emerging requirements for electronic data, and the Hague Convention on the Taking of Evidence Abroad; (4) Rule 30(b)(6) requirements for testimony by corporate witnesses; (5) discovery sanctions; (6) trial procedures, particularly the use of company documents, witness testimony, and government investigations and recall orders as evidence; and, finally, appeal procedures. The fundamental practice skills involve selection of counsel; preparation of case budgets and management of legal fees; early evaluation of cases to decide if they should be tried or settled, and determining settlement values; negotiating settlements; mediating cases; collecting and producing documents and e-data; obtaining confidentiality agreements for proprietary information; preparing witnesses for deposition and trial, as well as at Congressional hearings (especially foreign company witnesses); and preparing for media requests, particularly during trial. These procedures and practice skills will come alive through the use of real-world examples. Students enrolled in this course are not eligible to enroll in International civil Litigation (548K) Open only to students enrolled in the LL.M. for Foreign-Educated Lawyers Program.
- Products Liability
(Formerly DCL 514) This course will focus on the fundamentals of product liability law practical skills. It examines cutting edge issues that product liability trial lawyers deal with every day in litigation including automotive, pharmaceutical, medical device, consumer products, and toxic tort cases, with an emphasis on automotive design defect litigation that forms a major part of the law. Real-life, current major cases in litigation will be used so that students will be exposed to how product liability litigation is managed. Students will analyze federal legislation and recent case law, including U.S. Supreme Court decisions, learn about regulatory agencies such as NHTSA, FDA and the CPSC, and consider how regulatory agency rules and regulations have a substantial impact on product development and litigation. Students will develop expertise in important topics including expert witness testimony; complex demonstrative exhibits like accident reconstruction, biomechanics, and crash testing; federal preemption; and punitive damages. The course will also cover what companies must do to promote product safety and avoid potential civil and criminal liability. This course provides the perspective of a professor experienced in international product liability law who managed high-exposure litigation and advised clients about liability prevention during product development. The course will equip students with the skills needed to prosecute or defend product liability litigation and also to counsel manufactures to avoid help litigation. The class uses an interactive discussion and is highlighted by distinguished guest speakers and the use of high-technology classroom capabilities, including video-conferences with actual expert witnesses.