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Malcolm E. Wheeler: Lawyer with Wheeler Trigg O'Donnell LLP

Malcolm E. Wheeler

LinkedIn
Senior Counsel
Denver,  CO  U.S.A.
Phone303.244.1800

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Practice Areas

  • Commercial Litigation
  • Products Liability Litigation
  • Appellate Practice
  • Class Actions
  • Personal Injury Defense
 
University Massachusetts Institute of Technology, S.B., 1966
 
Law SchoolStanford Law School, J.D., 1969
 
Admitted1970, California; 1992, Colorado
 
Memberships Colorado and American Bar Associations; State Bar of California; Products Liability Advisory Council; American Law Institute. The Tenth Judicial Circuit Historical Society (Board Member, 2007-2010).
 
BornBerkeley, California, 1944
 
Biography

Member, Board of Editors, Stanford Law Review, 1968-1969. Former Professor of Law, University of Iowa College of Law, 1978-1979. Former Professor, University of Kansas Law School, 1971-1974, 1981-1983. Instructor, National Institute for Appellate Advocacy. Instructor, Annual Advocacy Institute. Chief Counsel, U.S. Senate Select Committee to Study Law Enforcement Undercover Activities of Components of the Department of Justice, 1982. Author, "Note, Toward the Peaceful Modification of Treaties: The Panama Canal Proposals," 21 Stan. L. Rev. 938 (1969). Author, "A Reexamination of Antitrust Law and Exclusive Territorial Grants by Patentees," 119 U. Pa. L. Rev. 642 (1971). Author, "Some Observations on Tie-Ins, the Single-Product Defense, Exclusive Dealing and Regulated Industries," 60 Cal. L. Rev. 1557 (1972). "Toward a Theory of Limited Punishment: An Examination of the Eighth Amendment," 24 Stan. L. Rev. 838 (1972). Author: "Toward a Theory of Limited Punishment II: The Eighth Amendment After Furman v. Georgia," 25 Stan. L. Rev. 62 (1972). Co-Author: with Jones, "The Statute of Limitations for Antitrust Damage Actions: Four Years or Forty?" 41 U. Chi. L. Rev. 72 (1973). Author: "Parole Eligibility for Prisoners Serving Consecutive Sentences in Kansas: A Comment, 21 U. Kan. L. Rev. 167 (1973). Author: "Antitrust Treble-Damage Actions: Do They Work?", 61 Cal. L. Rev. 1319 (1973). Author: "In Defense of Economic Equal Protection," 22 U. Kan. L. Rev. 1 (1974). Author: "Product Liability: Civil or Criminal," 17 Forum 250 (1981). Author: "Manufacturers' Criminal Liability," Chapter 1B in L. Frumer and M. Friedman (1983). Co-author: with K. Kress, "A Comment on Recent Developments in Judicial Imputation of Post-Manufacture Knowledge in Strict Liability Cases, 6 J. Prod. Liab. 127 (1983). Author: "The Constitutional Case for Reforming Punitive Damages Procedures," 69 Va. L. Rev. 269 (1983). Author: "The Use of Criminal Sanctions to Regulate Product Safety," 13 J. Legal Stud. 593 (1984). Author: Comment on, "Landes' and Posner's Positive Economic Analysis of Products Liability," 14 J. of Legal Stud. 575 (1985). Author: "Pre Dismissal Notice and Statutes of Limitations in Federal Class Actions After American Pipe & Construction v. Utah," 48 S. Cal. L. Rev. 771 (1985). Author: "A Proposal for Further Common Law Development of the Use of Punitive Damages in Modern Product Liability Litigation," 40 Ala. L. Rev. 919 (1989). Author: Chapter, "The Need for Narrow Tort Reform: Abolishing Strict Liability," in Product Liability Reform: Debating the Issues(K. Chilton ed. 1990). Author: "Strict Liability in Design-Defect Cases: A Doctrinal Structure in Need of a Foundation," Wash. Legal Found. Legal Studies Division (Nov. 16, 1990). Author: "Defendants Confront Onerous Pretrial Tactics," Leader's Prod. Liab. L. & Strategy, January 1993, at 1. Author: "Honda Motor Co. v. Oberg: A Guide for Punitive Damages Reform," Prod. Liab. Advisory, Aug. 1994, at 8. Author: "How Now, Daubert: Dilemma About Application," Leader's Prod. Liab. L. & Strategy, April 1997, at 1. Author: "Product Liability Aspects of the Risks of Technological Change," 25 Can.-U.S. L.J. 137 (1999).
Co-Author: with Mickus, "Choice of Law: Little-Recognized Punitive Damages Issues," Leader's Prod. Liab. L. & Strategy, Mar. 1999, at 1. Speaker, "Legal and Tactical Evidentiary Issues in Punitive Damages Cases," 2002 Annual Litigation Institute, Oct. 11, 2002. Speaker, "Punitive Damages: How Much, How Far, What Conduct and Where Committed, The Network of Trial Law Firms, Jan 31, 2003. Speaker, "Using FDA Pronouncements to Defend Product Liability Claims, DRI DRug and Medical Device Conference, May 14, 2009. Speaker, "Defending Against Punitive Damages Before and During Trial," DRI Masters of Product Liability Litigation Conference, Apr. 8, 2010. Speaker, Preemption in Pharmaceutical Cases," Association of American Law Schools, Jan. 8, 2011. Speaker, "The Changing Face of Preemption in Product Liability Actions, American Bar Association's Emerging Issues in Motor Vehicle Product Liability Litigation, Mar. 31, 2011. Speaker, "The Trial of Class Actions," Product Liability Advisory Council, Apr. 28, 2011. Author: "A Look Through Tinted Glass: What Does the FUture Hold for Preemption in Motor Vehicle Litigation?", Prod. Safety Liab. Rptr., Vol. 39, No. 20 (May 16, 2011). Fellow: American College of Trial Lawyers.

 
ISLN902817591
 


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Office Information

Malcolm E. Wheeler
Wheeler Trigg O'Donnell LLP
1801 California Street, Suite 3600
Denver, CO 80202




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