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Neil M. Kliebenstein

Bowman and Brooke LLP

Managing PartnerSan Jose, CA
Product LiabilitySan Jose, CA

Recognized for

Product Liability

The Elite Counsel Perspective

From Army leadership to product liability trials to verdict in four states, Neil’s distinguished career is marked by technical mastery and incisive advocacy for manufacturers.

From Army leadership to product liability trials to verdict in four states, Neil’s distinguished career is marked by technical mastery and incisive advocacy for manufacturers.

— Elite Counsel
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Overview

Neil Kliebenstein defends manufacturers in individual and mass tort product liability litigation involving catastrophic injury, wrongful death and significant property damage. A trial attorney with more than 20 years of experience, he represents automotive, consumer product and material handling manufacturers. He has tried cases to verdict in state and federal courts in California, Minnesota, Texas and Arizona, including a case arising from a head-on collision and a wrongful death suit involving a forklift.

Neil’s automotive work spans claims concerning unintended acceleration, crashworthiness, airbag deployment and nondeployment, stability control, restraints, roof crush and rollovers, tire defects, and tire aging. His work on software issues in unintended acceleration cases is relevant to claims involving advanced driver assistance and autonomous vehicle systems. Beyond automotive products, he has represented saw manufacturers in litigation over hand tools and saws, including claims involving the absence of flesh-detection technology. The claims he has defended have involved fire, electrocution, carbon monoxide poisoning, amputation, quadriplegia and brain damage.

Technical preparation is a central part of Neil’s approach to product liability defense. He works with consultants to understand how a product functions and the considerations behind its design, then uses that work to prepare defenses to plaintiffs’ claims. It also informs his selection of experts, preparation of trial testimony and questioning of opposing experts. The subjects he has addressed include fire cause and origin, statistics, electronics, corrosion, accident reconstruction, biomechanics, orthopaedics and economics. Before his legal career, Neil served as an Executive Officer in the U.S. Army and managed a 164-person howitzer platoon in the 11th Armored Cavalry Regiment in Germany.

Education

  • University of Minnesota Law School, J.D., 1996

    magna cum laude

    Best Appellate Brief, Maynard Pirsig Moot Court

  • University of Wisconsin, B.A., 1989

Admissions

Bar Admissions

  • California, 2003

Court Admissions

  • U.S. District Court, District of Arizona
  • U.S. District Court, Central District of California
  • U.S. District Court, Eastern District of California
  • U.S. District Court, Southern District of California
  • U.S. District Court, Northern District of California
  • U.S. District Court, Eastern District of Wisconsin

Professional Associations

  • Defense Research Institute
    —Litigation Section - Automotive Specialty Litigation Group and Hand and Power Tool Specialty Litigation Group
  • California State Bar Association
    —Section of Litigation

Speaking Engagements

  • “Lunch & Learn: Product Liability Litigation,” Co-Presenter, Client Webinar, January 2021
  • "Accident Recon and Biomechanics Basics," Moderator, Webinar, May 2020
  • "Best Practices and Challenges of Working with Technical Experts," Panelist, ABA Section of Litigation Automotive Subcommittee Roundtable, May 2015

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