James W. Ozog

Industry Contributions

Jim Ozog is nationally recognized as a powerful advocate in product liability defense cases. He frequently authors articles on product liability defense, including:.

• The Admissibility of CPSC Publications in Product Liability Trials, DRI-The Voice, Vol. 6, Issue 24 (2007)
• Amended Federal Rules of Evidence Tighten Restrictions on the Admissibility of Lay and Expert Opinion Evidence, IDC Quarterly, Vol. 11, No. 1, p. 27 (2001).
• Court Rejects IPI 400.07 in Design Defect Cases, IDC Quarterly, Vol. 12, No. 1, p. 25 (2002).
• Debunking Extrapolation Post-Donaldson, IDC Quarterly Vol. 12, No. 4, p. 22 (2003).
• Defending Product Liability Cases in Illinois After the Best Decision, IDC Quarterly, Vol. 8, No. 4, p. 1 (1998).
• First District Limits Application of Learned Intermediary Defense in Medical Device Cases, IDC Quarterly, Vol. 11, No. 4, p. 18 (2001).
• Gatekeeping in Design Defect Cases, IDC Quarterly, Vol. 12, No. 2, p. 22 (2002).
• Investigating and Defending Claims of Electrical Shock, IDC Quarterly, Vol. 13, No. 2, p. 21 (2003).
• NFPA 921 and the Defense of Product Liability Cases, IDC Quarterly, Vol. 11, No. 3, p. 40 (2001).
• Open and Obvious Dangers in Strict Liability, IDC Quarterly, Vol. 12, No. 3, p. 19 (2002).
• “Passive Spoliation” and the Plaintiff’s Duty to Preserve Evidence: Kaybylis v. Ford Motor Company, IDC Quarterly, Vol. 13, No. 3 p 13 (2003).
• Public Nuisance and Product Liability, IDC Quarterly, Vol. 13, No. 1, p. 17 (2003).
• Second District Rejects Post-sale Duty to Warn, IDC Quarterly, Vol. 11, No. 2, p. 55 (2001).

Jim often speaks on the topic of product liability defense at leading industry seminars. His presentations include:

• Presenting Expert Opinions in Court: Educating Average Jurors, Chicago Bar Association, June 2011
• Don't Cross Me-Successful Techniques and Considerations for Deposing Plaintiff's Experts in Fire/Explosion Cases, DRI Fire and Casualty Seminar, November 2010
• NFPA 921 in the Courts: Extinguishing Evidentiary Challenges with NFPA 921, 2009 National Fire Prevention Association National Conference, McCormick Place, Chicago, Illinois.
• Evidence Spoliation Issues in Propane Fire/Explosion Cases, Propane Gas Defense Association, April 2009
• Ethical Issues that Arise Between National and Local Counsel, DRI-Product Liability Conference, February 2008
• The Admissibility of Expert/Opinion Testimony of Investigating Public Authorities in Fire/Explosion Cases, DRI Fire and Casualty Seminar, November 2006.

Notable Cases

• In the Matter of Aqua Dots Products Liability Litigation,7^thCir., (No. 10-3847, 8/17/11), Seventh Circuit affirmed the dismissal of a nationwide consumer class action for damages arising from a recalled children’s toy.  The court held that where a retailer offers a full consumer refund, a distressed consumer may not bring a class action for additional relief. The case will have major implications on consumer class actions for defective products.
• Presley v. Lakewood Engineering and Manufacturing Co., 553 F.3d 638 (8th Cir. 2009): Jim secured summary judgment for the client when the appellate court affirmed the disqualification of the plaintiffs' lead electrical engineering/causation expert under FRE 702 and Daubert.
• Townes v. Sunbeam Oster Co., Inc., 50 S.W.3d 446 (Tenn. Ct. App. 2001).
• Lewsader v. Wal-Mart Stores, Inc., 296 Ill. App. 3d 169, 694 N.E.2d 191, 230 Ill. Dec. 560 (4th Dist. 1998).
• Roback v. VIP Transport, Inc., 90 F.3d 1207 (7th Cir. 1996): James secured summary judgment for the client at the appellate level in this case, a decision that hinged on Daubert rule exclusion of an engineer’s expert methodology involving analysis of a vehicle accident.
• Randall v. Wal-Mart Stores, Inc., 284 Ill. App. 3d 970, 673 N.E.2d 452, 220 Ill. Dec. 540 (4th Dist. 1996).
• O’Conner v. Pinto Trucking Service, Inc., 149 Ill. App. 3d 911, 501 N.E.2d 263, 103 Ill. Dec. 242 (1st Dist. 1986).
• Garcia v. Sunbeam Corp., 1995 WL 794567 (N.D.Ill. 1996).
• Allstate Ins. Co. v. Sunbeam Corp., 53 F.3d 804 (7th Cir. 1995): James’s defense in this case established that summary dismissal was an appropriate sanction for a plaintiff’s spoliation of evidence in a products case.
• Shelbyville Mutual Insurance Co. v. Sunbeam Leisure Products Co., 262 Ill. App. 3d 636, 634 N.E.2d1319, 199 Ill. Dec. 965 (5th Dist. 1994).
• Nielson v. United Service Automobile Association, 244 Ill. App. 3d 658, 612 N.E.2d 526, 183 Ill. Dec. 874 (2nd Dist. 1993).
• Oswald V. Township High School Dist. No. 214, 84 Ill. App. 3d 723, 406 N.E.2d 157, 40 Ill. Dec. 456 (1st Dist. 1980).

Community Involvement

Jim serves as Tribal Chief for Y-Guide and is a member of St. Petronille’s Church Choir.  He is also active in the Evans Scholar Alumni Association and the Evans Scholar Bar Association.

Professional Affiliations

• American Bar Association
• Illinois State Bar Association
• Illinois Association of Defense Trial Counsel
• Defense Research Institute
• Propane Gas Defense Association
• International Association of Defense Counsel