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. 80, No. 2, April

An Ounce of Prevention: Early Motions Attacking Class Certification
YOU hang up the phone. Your client has just been served with a class action complaint. After reading the complaint, you conclude that even assuming all its allegations are true, this case can never be certified as a class action. You quickly file a...
A Primer on the Admissibility of FDA Warning Letters
Whether Food and Drug Administration ("FDA") warning letters sent to manufacturers are admissible to show a regulatory violation on the part of the manufacturer is a hotbed issue in many lawsuits involving pharmaceutical products and medical devices....
Arbitrator Bias in the United States: A Patchwork of Decisions
The statutes governing arbitration in the United States universally require that arbitrators be impartial and independent. But no clear picture of what constitutes bias of a degree sufficient to disqualify an arbitrator or vacate an arbitral award...
Are Non-Economic Caps Constitutional?
As part of broader tort reform efforts, states have enacted non-economic damage cap statutes over the past few decades. States often cite creating a positive business climate and concerns over the availability of insurance coverage as bases for damage...
Climate Change Regulation and Litigation: A "Lost Decade" of Controversy and Confrontation
This article originally appeared in the January 2013 Environment and Energy Law Committee newsletter. "Whether one believes, as a matter of science, that the problem of climate change is real or imagined, exaggerated or understated, there is no...
Ethical Issues for Defense Counsel in Employment Practices Liability Insurance Litigation
This article originally appeared in the January 2013 Employment Law Committee newsletter. I. Employment Practices Liability Insurance Overview Employment Practices Liability Insurance ("EPLI") covers a broad range of discrimination and harassment...
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...
Officers and Board of Directors
PRESIDENT Quentin F. Urquhart, Jr., New Orleans, Louisiana USA PRESIDENT-ELECT Molly H. Craig, Charleston, South Carolina USA VICE PRESIDENT OF CORPORATE Connie Lewis Lensing, Memphis, Tennessee USA VICE PRESIDENT OF INTERNATIONAL...
Prescription Drug Products Liability Litigation and Punitive Damages Preemption
In Wyeth v. Levine, the Supreme Court held that FDA-approval of the brand name prescription drug Phenergan did not preempt state common law claims seeking compensatory damages for injuries allegedly caused by the drug. (1) The holding was informed...
Reflecting Lincoln
In Lincoln, Steven Spielberg directs an epic historical drama chronicling our Sixteenth President's final months in office, when he was faced with the crucial decision of whether to end the Civil War through compromise or make a final attempt to pass...
Reflecting Lincoln
President's PageIn Lincoln, Steven Spielberg directs an epic historical drama chronicling our Sixteenth President's final months in office, when he was faced with the crucial decision of whether to end the Civil War through compromise or make a final...
Rethinking What It Means to Choose the Best Mediator
This article originally appeared in the February 2013 Alternative Dispute Resolution Committee newsletter. "I just don't get it," said Sam, plopping into a corner chair in the office of his manager, Sarah, the head of litigation at Emca Manufacturing....
Setting the Edges: Defending against Plaintiff End Runs around CAFA
This article originally appeared in the January 2013 Business Litigation Committee newsletter. In most any sport, the hometown favorite enjoys an ,edge over the visiting team invited to compete in hostile territory. But, in the bloodsport known...
Setting the Edges: Defending against Plaintiff End Runs around CAFA
This article originally appeared in the January 2013 Business Litigation Committee newsletter.In most any sport, the hometown favorite enjoys an edge over the visiting team "invited" to compete in hostile territory. But, in the bloodsport known as class...