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. 65, No. 1, January

Age Doesn't Save False Claims Act
Although enacted in 1863 and having survived some attacks, the False Claims Act in its present form is unconstitutional under the separation of powers doctrine insofar as it attempts to confer standing on qui tam plaintiffs who have suffered no cognizable...
Allegation of Champerty Doesn't Pierce Privilege
Charging its opposing litigant with champerty didn't do the Republic of Peru and its Banco de la Nacion much good in trying to pry information from a lawyer who has represented clients in sovereign debt collections against South American countries. The...
Annual Survey of Fidelity and Surety Law, 1997
This roundup of recent cases covers public and private construction bonds, fidelity and financial institution bonds, and sureties' remedies I. PUBLIC CONSTRUCTION BONDS A. Bonds under Federal Laws 1. Substantive Subcontractor's...
Annual Survey of Fidelity and Surety Law, 1997-Part I
This roundup of recent cases covers public and private construction bonds, fidelity and financial institution bonds, and sureties' remedies Edited by Charles W. Linder Jr. I. PUBLIC CONSTRUCTION BONDS A. Bonds under Federal Laws 1. Substantive Subcontractor's...
"Answer" Includes Nonverbal Responses
The word "answer," as used in reference to depositions, includes nonverbal responses, such as a request to draw a diagram, as well as verbal responses, the California Supreme Court held. In a product liability case, the plaintiff, who alleged he was...
Attorney-Client Privilege Aced by Fraud Exception
In Florida's litigation against the cigarette makers, the defendant manufacturers settled after they lost a key court battle to avoid the production of documents under the attorney-client privilege, but the private attorneys who conducted the suit for...
"Concealed Carry" Legislation and Workplace Violence: A Nightmare in Employers' Liability?
Suits claiming negligent hiring and retention are burgeoning, and the threat is increased when employees can carry guns MOST EVERYONE has heard the news reports of the vindictive former employee who returns to work and kills the boss and a coworker,...
"Concealed Carry" Legislation and Workplace Violence: A Nightmare in Employer's Liability?
Suits claiming negligent hiring and retention are burgeoning, and the threat is increased when employees can carry guns MOST EVERYONE has heard the news reports of the vindictive former employee who returns to work and kills the boss and a coworker,...
Construction Industry AIEs: Problems of Contract Interpretation and Solutions
There's been a dramatic explosion in additional insured litigation, suggesting that there should be a better risk allocation THIS article discusses recurring problems arising in construction industry declaratory litigation seeking judicial interpretations...
Discharged Lawyers Must Give Files to Client
Adopting what it found to be the majority rule and that embodied in Section 58 of the new Restatement (Third) of the Law Governing Lawyers, the New York Court of Appeals held that former clients must be accorded access to "inspect and copy documents...
General Aviation Revitalization Act: Its Effect on Manufacturers
The general aviation industry is rebounding as a result of GARA, but will the legislation also have unintended consequences? THE AGE of flight began in America with the Wright brothers. It continued through the 20th century with American manufacturers...
Harnessing Mass Tort Class Actions
NOT LONG ago, class action treatment of a mass tort was rarely sought and almost never granted. More recently, class certification has been pursued in the tort arena with increasing frequency and intensity despite the statement in the 1966 Advisory Committee...
Insured's Reimbursement of Insurer's Defense Expenses: Some Practical Steps
If there is a judicial determination of noncoverage, insurers stand to get reimbursement, but there are pitfalls to be avoided COURTS are allowing liability carriers to recover their defense expenses from their own insureds in certain cases. The approach...
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 will...
Making Ingredient List Public Might Be "Taking"
Tobacco people had a bit more success in the U.S. District Court for the District of Massachusetts, however preliminary, when the court issued an injunction against enforcement of a Massachusetts statute that requires manufacturers of cigarettes and...
Spiraling out of Control: Ramifications of Reading RICO Broadly
Both the statute's broad terms and the tendency by courts to give those terms a broad reading have unloosed a cannon WHEN Congress enacted Title IX of the Organized Crime Control Act of 1970, better known as the Racketeer Influenced and Corrupt Organizations...
The Year 2000 Problem: A Defense Perspective
You and your clients have heard about the dire things that will happen on January 1, 2000, but are they doing anything about it DIGITAL technology permeates all sectors of business and industry, and, according to the politicians, the information superhighway...
The Year 2000 Problem: A Defense Perspective
You and your clients have heard about the dire things that will happen on January 1, 2000, but are they doing anything about it DIGITAL technology permeates all sectors of business and industry, and, according to the politicians, the information superhighway...
Tide Turning for Medical Monitoring Class Actions?
Writing in the October newsletter of the Toxic and Hazardous Substances Litigation, D. Jeffrey Campbell and Anne K No of Porzio, Bromberg & Newman, Morristown, New Jersey, discuss a cigarette case that may point the way: Recent litigation has demonstrated...
"Total Disability" May Not Be Enforceable
Writing in November newsletter of the Accident, Health and Life Insurance Committee, Ed E. Duncan of the Cleveland office of Arter & Hadden examines the odd case of "total disability": Davis v. Classic Life Assurance Co., 683 N.E.2d 1161 (Ohio App....
Understanding Epidemiology and Its Use in Drug and Medical Device Litigation
Defense counsel must be prepared to combat expert testimony that is inconsistent with the sound use of epidemiological data OVER the last 20 years, there has been an explosion in toxic tort industry-wide litigation. Drugs and medical devices have not...
Why Neither Side Has Won Yet: Recent Trends in Advertising Injury Coverage
Insureds have won trademark cases, but in other intellectual property cases, the results have been less clear cut BY NOW, the phrase "information superhighway" has become a cliche. Yet, no one can dispute that we live in an age of high technology in...
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