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The Politics of Litigation 1I. IntroductionToday’s manufacturer faces more challenges than ever before. Higher stakes, moresophisticated plaintiffs’ attorneys, not to mention the explosion of social media, by whichan otherwise pedestrian injury claim can quickly morph into a “bet the company” crisis.This paper and presentation will endeavor to explore the challenges confronted byproduct manufacturers as they confront life in today’s shrinking global economy.II.Hypothetical ScenarioOne morning while Delbert Adams, Path-O-Tech Walls’ (commonly referred to in thewall industry as “Path-Os” which is pronounced “Pathos”) senior vice president andGeneral Counsel, was looking through the company’s catalogue of new productofferings, he got a call from his Claims Manager, Wally Jefferson. Wally needed to seeDelbert. In a short time standing in Delbert’s office, Wally explained to Delbert thatWally received a call from Ted Van Buren from Wood River, Illinois. Mr. Van Burenwanted to register a claim on one of Pathos’ products that was making his wife andchildren sick. Apparently, Mr. Van Buren bought some Cherry Wud from High’s HomeImprovement and built a play structure for his daughter which she uses in the livingroom. Cherry Wud was manufactured in South Burma by Panels Everywhere Inc. andwas imported and resold by Pathos.1 Materials prepared by Virginia Broughton Reeves and Chuck Stewart of the ALFA Montgomery, AL firmBradley Arant Boult Cummings LLP, and Kevin Owens of the ALFA Chicago, IL firm Johnson & Bell, Ltd.2