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. 63, No. 1, January

A Client's View of Law Firm Change: Opportunities for Improvement
AN INSURED looks to the insurer to satisfy two promises--to pay what is owed and to provide a defense. The operation of a successful law firm helps the insurer project to the insured that the promises will be fulfilled. Conversely, law firm disruptions...
Annual Survey of Fidelity and Surety Law, 1995
I. PUBLIC CONSTRUCTION BONDS A. Miller Act Bonds 1. Jurisdictional Issues Navajo tribal housing project not a public work to invoke Miller Act jurisdiction. Although the 10th Circuit in General Rock Sand Corp. v. Chuska Development Corp.(1) declined...
Enough of Anecdotes: An Objective Way to Assess Defense Counsel Competency
IADC member Michael W. Brink is Liability Division Manager of the Interinsurance Exchange of the Automobile Club of Southern California and a member of the IADC Insurance Executives Committee. IN RECENT years, much has been said and written about the...
Ethics and Professionalism: Can You Give Me Some Friendly Advice.?
This department is conducted by IADC member Daniel J. Pope of Bell, Boyd & Lloyd, Chicago, who is a member of the Defense Counset Journal Editorial Board. Readers are urged to send their comments, experiences or articles to him at Suite 3200, Three...
Implementing Telemedicine Nationwide: Analyzing the Legal Issues
Now practicing with Kilpatrick & Cody in its Atlanta, Phyllis F. Granade prepared th article when she was Legal Consultant to the Medical College of Georgia Telemedicine Center. She has written on telemedicine for the Western Governors' association...
Infertility and the ADA: Health Insurance Coverage for Infertility Treatment
A FOUR-YEAR-OLD boy tells his mother what he is going to do when he is a daddy. A three-year-old girl is upset because she can't find the bottle to feed her "baby" doll. The idea of parenthood and family is ingrained and taken for granted in our society....
Managed Care and the Tort System: Are We Paying Unnecessary Billions?
IADC member William R. Jones Jr. is a partner in Jones, Skelton & Hochuli, a full-service law firm based in Phoenix. A graduate of the University of Michigan (B.A. 1960, J.D. 1962), he has written Arizona legislation on malpractice, products liability,...
Presuit Mediation: A Win-Win Situation for Everyone
SINCE 1992, the International Association of Defense Counsel has promoted the National Presuit Mediation Program. This effort involves the attempt to dispose of multiple claims, even before lawsuits are filed, by providing a method for insurers and corporations...
Preventing Compelled Disclosure of Adverse Event Reports
DESPITE vigorous defense counsel protests, courts have compelled drug and device manufacturers to produce adverse drug reaction or product experience reports, which are to collectively as "adverse reports." Yet, those anecdotal, unexplained, unverified...
Procedural Due Process and Aggregation Devices in Mass Tort Litigation
JUST AS hard cases make bad law, so does burdensome litigation sometimes give rise to dubious procedural devices designed to reduce those burdens. Nowhere is this trend more evident than in the adjudication of mass torts in the United States. No one...
Requests for Class Action Certification of Medical Monitoring Claims
IADC member Richard P. Campbell is a founder of Campbell & Associates P.C, a New England regional law firm based in Boston and engaged in both civil and criminal litigation. A graduate of the University of Massachusetts (B.A. 1974) and the Boston...
RSI Defendants Fight for Due Process: "Mass Torts" Needn't Always Be Massive
SOMETHING is terribly wrong with a system of civil justice in which a major corporation, Dow Corning, is forced to file for bankruptcy as a result of being named as a defendant in a horde of product liability claims that have no basis in science.(1)...
Textualist Statutory Interpretation Kills Section 10(b) "Aiding and Abetting" Liability
IN First Central Bank of Denver v. First Interstate Bank of Denver,(1) the U.S. Supreme Court held that there is no private aiding and abetting liability under Section 10(b) of the Securities Exchange Act of 1934 and Rule lob-5 of the Securities and...