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. 72, No. 2, April

Annual Survey of Fidelity and Surety Law - 2005, Part I
This compilation of recent cases covers public and private construction bonds, financial institution bonds, and sureties ' remedies.I. PUBLIC CONSTRUCTION BONDSA. State and Local Bonds - ProceduralSubcontractor failed to comply with surety's default...
Annual Survey of Fidelity and Surety Law - 2005: This Compilation of Recent Cases Covers Public and Private Construction Bonds, Financial Institution Bonds, and Sureties' Remedies
I. PUBLIC CONSTRUCTION BONDS A. State and Local Bonds--Procedural Subcontractor failed to comply with surety's default notice provisions of surety bond under Massachusetts law, discharging surety from liability. IN Seaboard Surety Co. v. Town...
Conning the IADC Newsletters
Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this section highlights interesting topics covered in recent newsletters. Employee...
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...
Key Issues in the Inadvertent Release and Receipt of Confidential Information
How to Protect Yourself and Your Client from Embarrassing ExposureThey are every lawyer's nightmare-the letter to the client detailing litigation strategy inadvertently delivered to the adversary among other documents produced in discovery, the letter...
Key Issues in the Inadvertent Release and Receipt of Confidential Information: How to Protect Yourself and Your Client from Embarrassing Exposure
They are every lawyer's nightmare--the letter to the client detailing litigation strategy inadvertently delivered to the adversary among other documents produced in discovery, the letter faxed to another party in the case instead of being faxed to...
Of Beginnings and Endings
Janus was the Roman god of beginnings, of doorways, of entrances and exits. It is only fitting that his name, anglicized, to be sure has become our modern month of January. He is depicted as two faces, one gazing each way, a physiological phenomenon...
One Step beyond Meadowbrook: Can an Insurer Direct Defense Counsel to Dismiss Covered Claims?
An examination of insurance defense attorneys' roles and ethical dutiesACOMPLAINT may contain some allegations, which are covered under the terms of the defendant's insurance policy and others that are not. In most jurisdictions, the insurer will have...
One Step beyond Meadowbrook: Can an Insurer Direct Defense Counsel to Dismiss Covered Claims? an Examination of Insurance Defense Attorneys' Roles and Ethical Duties
A COMPLAINT may contain some allegations, which are covered under the terms of the defendant's insurance policy and others that are not. In most jurisdictions, the insurer will have the duty to defend its insured against all the claims, not just those...
Perils of Third Party Practice in Construction Litigation
Avoiding Substantive and Procedural Pitfalls to Preserve and Assert Your RightsTHIS article highlights some of the substantive and procedural issues and pitfalls that may arise in construction litigation where an owner seeks to recover economic losses...
Perils of Third Party Practice in Construction Litigation: Avoiding Substantive and Procedural Pitfalls to Preserve and Assert Your Rights
THIS article highlights some of the substantive and procedural issues and pitfalls that may arise in construction litigation where an owner seeks to recover economic losses and/or other damages from some (but not all) of the entities that were involved...
Reviewing the Law Reviews
This is a selective bibliography of current law review literature. Highlights of the Articles Gun manufacturer liability has become an increasingly contentious issue in recent years. Legislatures and courts have weighed in, sometimes on opposite...
The IADC Congratulates Its Professional Staff
As with all professional organizations, the IADC relies heavily on its volunteers, those members who donate their time and talents to make the IADC a more meaningful member-oriented group. These include Board members, committee chairs and members,...
The Vanishing Doctrine of Implied Indemnity in Maritime Actions
Maritime law has evolved to shape the needs of a changing society, and the Supreme Court has made serious inroads in simplifying the law.LESS than sixty years ago, when the maritime industry was a strong economic force in America, the Supreme Court recognized...
The Vanishing Doctrine of Implied Indemnity in Maritime Actions: Maritime Law Has Evolved to Shape the Needs of a Changing Society, and the Supreme Court Has Made Serious Inroads in Simplifying the Law
LESS than sixty years ago, when the maritime industry was a strong economic force in America, the Supreme Court recognized the doctrines of implied contractual and tort indemnity in an attempt to achieve just results in an area of the law where a tortfeasor's...
Understanding the Boundaries of the HIPAA Preemption Analysis
Who is Regulated by the Privacy Rule and What Information Does HIPAA Protect?I. IntroductionTHE Department of Health and Human Services (DHHS) published the final Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) on August...
Understanding the Boundaries of the HIPAA Preemption Analysis: Who Is Regulated by the Privacy Rule and What Information Does HIPAA Protect?
I. Introduction THE Department of Health and Human Services (DHHS) published the final Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) on August 14, 2002. (1) The compliance date for covered entities subject to...
What's Age Got to Do with It?
Recent Developments in Employment Law in the United States Supreme CourtIntroductionOVER the last year and a half, we have witnessed the United States Supreme Court significantly reshape the landscape of labor and employment law. From a seminal decision...
What's Age Got to Do with It? Recent Developments in Employment Law in the United States Supreme Court
Introduction OVER the last year and a half, we have witnessed the United States Supreme Court significantly reshape the landscape of labor and employment law. From a seminal decision regarding the application of the Age Discrimination in Employment...
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