Defense Counsel Journal

This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.

Articles from Vol. 69, No. 4, October

American Bar Association Oks Multijurisdictional Practice
In a significant and far-reaching action, the American Bar Association has loosened its strictures against interstate practice in the United States, has made it easier for lawyers licensed in one state to be admitted to practice in another on motion...
American Bar Association OKs Multijurisdictional Practice
Defense News In a significant and far-reaching action, the American Bar Association has loosened its strictures against interstate practice in the United States, has made it easier for lawyers licensed in one state to be admitted to practice in another...
Attorney's Fees: $88 Million Fee Cut to $18 Million Maximum
DECISIONS Current Decisions Reviewing an attorney's fee award arising from a constitutional challenge to a state statute, a California Court of Appeal has slashed an arbitration panel's award of $88.5 million in fees to a maximum of $18.19 million. Writing...
Aviation Law: Emotional Injuries Limited under Warsaw Convention
A woman injured in an American Airlines plane crash in 1999 will have to accept a significant reduction in her $6.5 million jury verdict or go back to trial, the Eighth Circuit has ruled in a case governed by the Warsaw Convention. Determining that the...
Catastrophic Building Failures: Formulating Initial Strategy and Organization
No one expects a building to collapse, but when that happens, counsel representing contractors or design professionals must have plans CATASTROPHIC building failure necessitates immediate action. For counsel representing contractors and design professionals,...
Catastrophic Building Failures: Formulating Initial Strategy and Organization: No One Expects a Building to Collapse, but When That Happens, Counsel Representing Contractors or Design Professionals Must Have Plans
A CATASTROPHIC building failure necessitates immediate action. For counsel representing contractors and design professionals, there are number of issues to be addressed promptly. Because these cases almost invariably lead to complex litigation, counsel's...
Conning the IADC Newsletters. (Conning)
Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this department highlights interesting topics covered in recent newsletters and presents...
Copyrights: Publisher May Assert Fair Use of Beanie Babies' Images
The Seventh Circuit has held that a publisher of books that feature the once wildly popular Beanie Babies has a right to present the fair use defense in the manufacturer's copyright infringement suit. Reversing a permanent injunction against the publisher...
Corporate Counsel College Builds Alliances
President's Page IN THE July 2002 issue of Defense Counsel Journal (page 273), Lee Bennett raised some very important issues facing the defense bar. His article cited the gains the Association ot Trial Lawyers ot America has made through effective coordination,...
Corporate Counsel College Builds Alliances. (President's Page)
IN THE July 2002 issue of Defense Counsel Journal (page 273), Lee Bennett raised some very important issues facing the defense bar. His article cited the gains the Association of Trial Lawyers of America has made through effective coordination, communication...
Current Decisions. (Decisions)
ATTORNEY'S FEES $88 Million Fee Cut to $18 Million Maximum Reviewing an attorney's fee award arising from a constitutional challenge to a state statute, a California Court of Appeal has slashed an arbitration panel's award of $88.5 million in...
Deep Venous Thrombosis and Airline Travel
Writing in the April newsletter of the Aviation and Space Law Committee, Tory Weigand of the Morrison, Mahoney & Miller, Boston, says the jury is still out on this one: Medical aid related claims asserted by airline passengers against airlines continue...
Dietary Supplements and the Playing Field
Writing in the April newsletter of the Drug, Device and Biotech Committee, Steven M. Kohn and Courtney E. Quinn of the Oakland, California, office of Crosby, Heafey, Roach & May discuss the alleged dangers emanating from dietary supplements: Athletes...
Discrimination: Law School May Continue to Consider Race
In a case that drew the input of more than a half dozen amid curiae and was closely watched by law school admission staffs, a very fractured Sixth Circuit, sitting en banc, upheld the University of Michigan Law School's admissions policy that make an...
Federal Class Action Reform in the United States: Past and Future and Where Next?
If the past is prologue, then there will be many proposals, some tinkering, some substantive, some legislative, to change class action practice PREDICTING the likely future developments in class action practice in the federal courts of the United States...
Federal Class Action Reform in the United States: Past and Future and Where Next? If the Past Is Prologue, Then There Will Be Many Proposals, Some Tinkering, Some Substantive, Some Legislative, to Change Class Action Practice
PREDICTING the likely future developments in class action practice in the federal courts of the United States must begin in the past. THE PAST: OR WHERE WE'RE NOT GOING NEXT A. The 1966 Class Action The beginning point is the complete revision...
Foreign Proceedings: Discovery Allowed in U.S. for Case in EC Tribunal
In a first impression case that asked the Ninth Circuit to decide whether U.S.-domiciled documents may be discovered for use before a European Community tribunal, the court concluded that Advanced Micro Devices could obtain domestic discovery from Intel...
How Experts Approach Catastrophic Structural and Building Failures
Experienced technical experts will be able to meet and overcome many of the obstacles that may tend to impair their investigations IN JUNE 1981, elevated walkways spanning the lobby of the Hyatt Hotel in Kansas City collapsed during a Friday evening...
How Experts Approach Catastrophic Structural and Building Failures: Experienced Technical Experts Will Be Able to Meet and Overcome Many of the Obstacles That May Tend to Impair Their Investigations
IN JUNE 1981, elevated walkways spanning the lobby of the Hyatt Hotel in Kansas City collapsed during a Friday evening social event, resulting in more than 100 fatalities. In April 1987, a bridge carrying the New York State Thruway over the Schoharie...
Implementing the 9/11 Victim Compensation Fund: Two Steps Forward, One Step Back
While the statute establishing the fund seeks full compensation for victims, the regulations are subject to challenge for failing that mandate in some respects ON September 22, 2001, just 11 days after the deadly and devastating attacks on the World...
Implementing the 9/11 Victim Compensation Fund: Two Steps Forward, One Step Back: While the Statute Establishing the Fund Seeks Full Compensation for Victims, the Regulations Are Subject to Challenge for Failing That Mandate in Some Respects
ON September 22, 2001, just 11 days after the deadly and devastating attacks on the World Trade Center and the Pentagon, the President of the United States signed into law H.R. 2926, the Air Transportation Safety and System Stabilization Act (ATSSSA)....
International Association of Defense Counsel Tenets of Professionalism
1. We will conduct ourselves before the court in a manner which demonstrates respect for the law and preserves the decorum and integrity of the judicial process. 2. We recognize that professional courtesy is consistent with zealous advocacy. We...
Life after SLUSA: What Is the Fate of Holding Claims?
The pre-emptive force of the 1998 legislation should not upset the long-held balance in the U.S. federal system by trumping all state actions IN AN EFFORT to protect corporations from abusive litigation, Congress passed the Private Securities Litigation...
Life after SLUSA: What Is the Fate of Holding Claims? the Pre-Emptive Force of the 1998 Legislation Should Not Upset the Long-Held Balance in the U.S. Federal System by Trumping All State Actions
IN AN EFFORT to protect corporations from abusive litigation, Congress passed the Private Securities Litigation Reform Act (Reform Act or PSLRA) in 1995, which made federal securities fraud class actions harder to maintain on a variety of fronts. One...
Mandamus: Auto Makers Win Mandamus and Change of Judges
In an unusual move, the Fifth Circuit granted the petition of three large U.S automobile manufacturers for a mandamus directing that a federal district court not remand cases to a Texas state court, and it also ordered that the asbestosis-related litigation...
Of Course, It's Reliable.It's Published
Writing in the April newsletter of the Toxic and hazardous Substances Litigation Committee, Charles J. Muchmore and Christian C.M. Beams of Beshears Muchmore Wallwork, Phoenix, warn that an expert's publication does not equal reliability: You represent...
Products Liability: Plaintiff Gains Inference Product Was Defective
In a 2-1 decision, a panel of the 11th Circuit held that a Florida man was entitled to a legal inference in his products liability action that a catheter that burst inside his bladder was defective. Reviewing a summary judgment applying Florida law and...
Representing Impaired Physicians Presents Challenges
Writing in the May newsletter of the Medical Defense Committee, Jeptha F. Barbour of Marks Gray, P.A., Jacksonville, Florida, discusses a tricky and sensitive assignment: Representing an impaired physician in a medical malpractice lawsuit can present...
Reviewing the Law Reviews
This is a selective bibliography of current law review literature of interest to defense counsel. Main articles are identified by naming the author or authors. The designations "Note," "Comment," etc. are as listed in the publication, with the authorship,...
Structured Settlements: Beneficiaries May Not Assign Future Payments
The Georgia Supreme Court, in a case of first impression in the state, held that recipients of a structured settlement may not sell or assign their right to future payments if the settlement agreement prohibits it. In Singer Asset Finance Co. v. CGU...
Suing the Bastard Boss: Personal Liability of Supervisors for Workplace Sexual Harassment
Federal and state civil rights statutes are poor vehicles to reach offending supervisors. Employers themselves should discipline the transgressors TO WHAT extent are supervisors individually and personally liable for sexual harassment in employment under...
Suing the Bastard Boss: Personal Liability of Supervisors for Workplace Sexual Harassment: Federal and State Civil Rights Statutes Are Poor Vehicles to Reach Offending Supervisors. Employers Themselves Should Discipline the Transgressors
TO WHAT extent are supervisors individually and personally liable for sexual harassment in employment under Title VII of the Civil Rights Act of 1964 and under state law? What are the alternate causes of action? Civil rights statutes are not suited...
Tort Law Reform Steaming in Australia
2002 has seen a frenzy of tort law reform in Australia. Prompted by a combination of the collapse of a major insurance company and a medical indemnity insurer and by spiralling premiums, state governments around Australia have introduced some far-reaching...
Tort Law Reform Steaming in Australia
2002 has seen a frenzy of tort law reform in Australia. Prompted by a combination of the collapse of a major insurance company and a medical indemnity insurer and by spiralling premiums, state governments around Australia have introduced some far-reaching...
Tort of Public Nuisance in Public Entity Litigation: Return to the Jungle?
In the wake of the tobacco settlement, public entities have seized on this neither warranted nor appropriate action to avoid product liability law OVER THE past several decades, difficulties in proving product liability claims against individual manufacturers...
Tort of Public Nuisance in Public Entity Litigation: Return to the Jungle? in the Wake of the Tobacco Settlement, Public Entities Have Seized on This Neither Warranted nor Appropriate Action to Avoid Product Liability Law
OVER THE past several decades, difficulties in proving product liability claims against individual manufacturers have caused the plaintiffs' bar to turn to alternative theories of industry-wide liability. (1) The latest theory--the tort of public nuisance--has...
Toxicogenomics: New Chapter in Causation and Exposure in Toxic Tort Litigation
This new science has the potential to identify biological clues to disease, and both plaintiffs and defendants will strive to use it to their advantages CAUSATION and exposure have always been the key issues on which toxic tort cases are won or lost....
Toxicogenomics: New Chapter in Causation and Exposure in Toxic Tort Litigation: This New Science Has the Potential to Identify Biological Clues to Disease, and Both Plaintiffs and Defendants Will Strive to Use It to Their Advantages
CAUSATION and exposure have always been the key issues on which toxic tort cases are won or lost. Most toxic tort litigation involves diseases, such as cancer, for which there are numerous possible causes and where there is little objective, scientific...
What Punitive Damages Message Is the U.S. Supreme Court Sending?
Gore's three factors are in place, but they are only guideposts along the way to determining whether a punitive award is constitutionally infirm WHEN is civil punishment too much? When has a jury, swept up in the fervor of the proceedings, let its passion...
What Punitive Damages Message Is the U.S. Supreme Court Sending? Gore's Three Factors Are in Place, but They Are Only Guideposts along the Way to Determining Whether a Punitive Award Is Constitutionally Infirm
WHEN is civil punishment too much? When has a jury, swept up in the fervor of the proceedings, let its passion control in awarding punitive damages? How can an appellate court gauge from the cold print of the transcript when furor and prejudice have...