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. 71, No. 1, January

A Gem of the IADC
WHY IS the International Association of Defense Counsel the oldest and most prestigious international association of attorneys representing corporations and insurers? There are many reasons, but two primary ones are our members and the IADC's Defense...
Announcing the 2004 International Association of Defense Counsel Legal Writing Contest
The IADC's annual Legal Writing Contest is open to law students who at the time of the submission of their articles are enrolled in law schools approved by the American Bar Association or Canadian law schools listed in the Association of American Law...
A Victim's Eye View of the September 11th Victim Compensation Fund
Despite the inadequacies of the fund for high earners and the collateral source deductions, the fund has provided most for most victimsIN THE wake of the terrorist attacks of September 11, 2001, the U.S. Congress enacted the September 11th Victim Compensation...
A Victim's Eye View of the September 11th Victim Compensation Fund: Despite the Inadequacies of the Fund for High Earners and the Collateral Source Deductions, the Fund Has Provided Most for Most Victims
IN THE wake of the terrorist attacks September 11, 2001, the U.S. Congress enacted the September 11th Victim Compensation Fund of 2001 as Title IV of the Air Transportation Safety and System Stabilization Act and as part of a broad effort to, first,...
Block Exemption Works for Shipping Conferences
Writing in the July newsletter of the Multinational Litigation Committee, Marjorie Holmes and Paula Lennon of the Davies Arnold Cooper London office discuss an English case of importance to maritime law: Arkin v. Borchard Lines Ltd., [2003] All...
Block Exemption Works for Shipping Conferences
Writing in the July newsletter of the Multinational Litigation Committee, Marjorie Holmes and Paula Lennon of the Davies Arnold Cooper London office discuss an English case of importance to maritime law:Arkin v. Borchard Lines Ltd., [2003] All E.R. (D)...
Contacts with Class Members: When Will Courts Intervene?
Writing in the July newsletter of the Class Actions and Multi-party Litigation Committee, Anthony Vale and Jennifer Albright of Pepper Hamilton, Philadelphia, discuss problems raised by extra-judicial contacts with class members: Courts long have...
Contacts with Class Members: When Will Courts Intervene?
Writing in the July newsletter of the Class Actions and Multi-party Litigation Committee, Anthony Vale and Jennifer Albright of Pepper Hamilton, Philadelphia, discuss problems raised by extra-judicial contacts with class members:Courts long have recognized...
EEOC V. Waffle House: Employers Win, Again
The U.S. Supreme Court handed employees who sign mandatory arbitration agreements a hollow victory because the EEOC brings so few cases in courtSIXTEEN days after Eric Baker began working as a Waffle House grill operator, he suffered from a seizure at...
EEOC V. Waffle House: Employers Win, Again: The U.S. Supreme Court Handed Employees Who Sign Mandatory Arbitration Agreements a Hollow Victory Because the EEOC Brings So Few Cases in Court
SIXTEEN days after Eric Baker began working as a Waffle House grill operator, he suffered from a seizure at work. Shortly after that, he was fired. Like all prospective Waffle House employees, he had signed a mandatory arbitration agreement as a condition...
Important Employment Cases in U.S. Supreme Court
Writing in the October newsletter of the Employment Law Committee, Eve B. Masinter and Melissa M. Mulkey of McGlinchey Stafford, New Orleans, discuss cases the U.S. Supreme Court will consider in its current term: The U.S. Supreme Court has several...
Important Employment Cases in U.S. Supreme Court
Writing in the October newsletter of the Employment Law Committee, Eve B. Masinter and Melissa M. Mulkey of McGlinchey Stafford, New Orleans, discuss cases the U.S. Supreme Court will consider in its current term:The U.S. Supreme Court has several important...
Insurer Control of Defense: Reservations of Rights and Right to Independent Counsel
Insurer loses right to defend only when there is conflict of interest, and even in the independent counsel setting, the insurer retains certain rightsLIABILITY insurance policies normally reserve to the insurer the right to defend potentially covered...
Insurer Control of Defense: Reservations of Rights and Right to Independent Counsel: Insurer Loses Right to Defend Only When There Is Conflict of Interest, and Even in the Independent Counsel Setting, the Insurer Retains Certain Rights
LIABILITY insurance policies normally reserve to the insurer the right to defend potentially covered litigation and obligate the insured to cooperate in the defense. These provisions generally are construed to give the insurer the right to control...
Insuring Punitive Damages in Texas - Yes? or No?
Writing in the September newsletter of the Reinsurance, Excess and Surplus Lines Committee, Robert D. Allen of the Dallas office of Baker & McKenzie brings his readers up to date on Texas: Texas, the second most populous of the United States,...
Insuring Punitive Damages in Texas-Yes? or No?
Writing in the September newsletter of the Reinsurance, Excess and Surplus Lines Committee, Robert D. Alien of the Dallas office of Baker & McKenzie brings his readers up to date on Texas:Texas, the second most populous of the United States, has...
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...
President's Page: A Gem of the IADC
WHY IS the International Association of Defense Counsel the oldest and most prestigious international association of attorneys representing corporations and insurers? There are many reasons, but two primary ones are our members and the IADC's Defense...
Price of Pro Bono Representations: Examining Lawyers' Duties and Responsibilities
For many reasons lawyers owe a duty to provide legal services to those who can't afford them, and the mandatory pro bono model is best for that goalADVOCATES in the United States of lawyers furnishing pro bono publico services argue from need, responsibility...
Price of Pro Bono Representations: Examining Lawyers' Duties and Responsibilities: For Many Reasons Lawyers Owe a Duty to Provide Legal Services to Those Who Can't Afford Them, and the Mandatory Pro Bono Model Is Best for That Goal
ADVOCATES in the United States of lawyers furnishing pro bono publico services argue from need, responsibility and even morality, while opponents emphasize compelling principles of autonomy and freedom. For more than a century, leaders of the legal...
Reform of Product Liability in the EU: New Report Finds General Satisfaction
The study, conducted by the law firm Lovellsfor the European Commission, consists of expert studies, survey of participants, and resultsEUROPEAN Economic Community Directive 85/374 on product liability introduced into the European Union a common basis...
Reform of Product Liability in the EU: New Report Finds General Satisfaction: The Study, Conducted by the Law Firm Lovells for the European Commission, Consists of Expert Studies, Survey of Participants, and Results
EUROPEAN Economic Community Directive 85/374 on product liability introduced into the European Union a common basis of liability on which persons in all member states could seek compensation for "defective" products. (1) The directive has remained...
Why the Development of Mass Torts in Canada Is Important to Corporate America
Not only are American manufacturers liable to suit in Canada, but that nation's class action regime is developing the potential for increased exposureTHE Canadian litigation landscape as it relates to mass torts has changed fundamentally over the past...
Why the Development of Mass Torts in Canada Is Important to Corporate America: Not Only Are American Manufacturers Liable to Suit in Canada, but That Nation's Class Action Regime Is Developing the Potential for Increased Exposure
THE Canadian litigation landscape as it relates to mass torts has changed fundamentally over the past 10 years in at least three ways that should be of considerable interest to corporate America. * First, liability exposure has increased exponentially...