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. 75, No. 4, October

Assignability of Professional Negligence Claims: Look for Collusion
In recent years, defense attorneys have seen growing attempts to assign professional negligence claims. These assignments raise serious questions of public policy. On the one hand, plaintiffs argue that assignment of claims often provides prompt relief...
Deciding Where to Arbitrate Creates Significant Jurisdictional Issues with Respect to the Enforcement or Attack of an Arbitration Award
Contracts that contain arbitration provisions often, but not always, specify the location at which the arbitration hearing will be conducted. Occasionally, where the contracting parties are from different states or have multi-state presences themselves,...
Don't Get Mad, Get Even: Practical Strategies for Dealing with Retaliation Claims by the Plaintiff-Employee
SUPPOSE a female employee files a charge with the EEOC alleging sexual harassment by her male supervisor. The supervisor learns of the complaint and begins to avoid the employee. When he invites other employees to lunch, he excludes her. He also gives...
Ethics and Electronic Discovery: New Medium, Same Problems
IN MICHAEL A. GOLD'S article Electronic Discovery and Retention Guidance for Corporate Counsel, he states that, "[s]o far as ethics rules themselves are concerned, there really is nothing new under the sun." (1) Why then is an inquiry into the ethical...
Frederico V. Home Depot: The Third Circuit Clarifies the Removal Burden for CAFA Defendants, but Is the Burden Still Too High?
CONGRESS passed the Class Action Fairness Act of 2005 ("CAFA") with the express aim of making federal courts the preferred venue for large, multi-state class actions. (1) To effect that purpose, CAFA expanded federal diversity jurisdiction, allowing...
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
IADC Tenets of Professionalism
The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we hereby...
Pay Discrimination Claims after Ledbetter
ON MAY 29, 2007, a bitterly and closely divided United States Supreme Court ruled that pay decisions are "discrete acts" and that a Title VII plaintiff alleging intentional pay discrimination must focus exclusively on pay-related decisions made during...
Picking Juries: Questionnaires and Beyond
A prior version of this article was presented at the Medical Liability Committee Meeting during the IADC 2008 annual meeting at The Greenbrier, White Sulphur Springs, West Virginia, where Mssrs. Hurney and Sellers spoke on jury selection. The laws...
Qui Tam Revisited: Potential Expansion of the False Claims Act
The False Claims Act, (1) which has been on the books since the Civil War, is intended to protect the government, and ultimately the taxpayers, from fraud by government contractors. It provides for suit by the U.S. Justice Department, and more recently...
Reviewing the Law Reviews
Law Review Highlights: Tort law has long been a means of dealing with behavior considered undesirable by society outside of the criminal law area. Crimtorts, however, is an area of law where criminal law and tort law intersect. It is in this arena...
The Lawyer as a Facilitator
I have been referred to, by some. as tile first in-house counsel to serve as President of the IADC. That is not true. The first meeting of the group today known as the International Association of Defense Counsel was held in September 1920, at the...
The Test for Causation in Canada: But for, but . . Maybe Not
PRIOR to Canada's Supreme Court decision in Resurfice Corp. v. Hanke? there was significant confusion (and significant controversy) over the accurate statement of the causation test in Canada. Despite the apparent attempt to put an end to both the confusion...
The Test for Causation in Canada: But for, but ... Maybe Not
PRIOR to Canada's Supreme Court decision in Resurfice Corp. v. Hanke, (1) there was significant confusion (and significant controversy) over the accurate statement of the causation test in Canada. Despite the apparent attempt to put an end to both...
Tort Reform in America: Abrogating the Collateral Source Rule across the States
IS "TORT REFORM" still a dirty word? The debate over tort reform in America has been raging for more than thirty years, since the time when corporate and insurance interests began lobbying for legislation limiting the availability of financial relief...