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. 73, No. 3, July

Can a Corporation Commit Manslaughter? Recent Developments in the United Kingdom and the United States
A CORPORATION is a legal fiction. It is an entity created by law that exists separately from its incorporators and that functions through people who act as its agents. Like people, corporations have rights and obligations in their own name. They own...
French Legal Reform: What Is at Stake If Class Actions Are Introduced in France?
CLASS ACTIONS may soon be introduced into French law. In a speech delivered on January 4, 2005, French President Jacques Chirac came out in favor of introducing class actions into French law, in the following terms: Consumers must at long last...
French Legal Reform: What Is at Stake If Class Actions Are Introduced in France?
CLASS ACTIONS may soon be introduced into French law. In a speech delivered on January 4, 2005, French President Jacques Chirac came out in favor of introducing class actions into French law, in the following terms:Consumers must at long last be given...
German Product Liability Plaintiffs Make Progress with the Pharmaceutical Act and the Product Liability Act
GERMANY improved the legal situation of pharmaceutical products liability plaintiffs by enacting two laws: 1) the second Pharmaceutical Act of August 24, 1976 ("Pharmaceutical Act") (1) and 2) the Product Liability Act of December 15, 1989 ("Product...
Mass Tort Treatment of Pharmaceutical Product Liability Cases in England
ENGLAND was one of the first European Union ("EU") countries to introduce specific procedural provisions for "group actions" seeking recovery of damages in product liability cases. The group action model under Part 19.11 of the Civil Procedural Rules...
Obtaining Evidence in Australia for Use in the United States and Other Hague Convention Countries
IN TODAY'S global economy it is not uncommon to discover that critical evidence required for use in litigation is located in a foreign jurisdiction. In some cases, the proceedings themselves and the parties may have absolutely no connection with the...
Prepare to Earn More Frequent Flyer Miles: The Far-Reaching Grip of Internet Law
U.S. internet companies are likely to come under the reach of world-wide foreign jurisdictions due to recent decisions regarding publication on the internet and consumer protection law reform. ********** THERE are a few things that frustrate...
The Evolving Landscape for Pharmaceutical Product Liability Litigation in Canada
ONLY a handful of pharmaceutical product liability cases have been tried in Canada, with the leading case being a decision from the mid-1980s involving reports of stroke in association with the use of oral contraceptives. (1) There are many reasons...
The Evolving Landscape for Pharmaceutical Product Liability Litigation in Canada
ONLY a handful of pharmaceutical product liability cases have been tried in Canada, with the leading case being a decision from the mid-1980s involving reports of stroke in association with the use of oral contraceptives.1 There are many reasons for...
The U.S. Corporate Defendant's Captive Insurer's Dilemma: Third Party Liability Claims and Recovery under English Law
IT HAS BEEN said that Great Britain and the United States are two nations separated by a common language. They might also be compared as two jurisdictions separated by a common law. A recent illustration of the divergence in legal analysis on the other...
Why International?
You have in your hands a Defense Counsel Journal issue dedicated to "international" issues. It is not coincidence that it arrives shortly before our Annual Meeting in Rome. In this letter, I want to report to you on the health of our international...

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