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. 66, No. 4, October

Apocalypse Now? Post-Sale Duty to Warn
Writing in the July issue of the newsletter of the Toxic and Hazardous Substances Litigation Committee, Kurtis B. Reeg of the St. Louis office of Sonnenschein Nath & Rosenthal discusses the cases and advises defense counsel to marshal their facts...
Civil Justice Reform
Tort Reform Falls Victim to Plaintiffs' Bar In a sharp 4-3 disagreement and with a combative and caustically worded majority opinion, the Ohio Supreme Court has struck down the state's comprehensive 1995 civil reform legislation, primarily on the ground...
Class Actions
No OK for Asbestos Settlement the Second Time Around While declining to go as far as to say that a limited fund mandatory class action is never possible in mass tort litigation under Rule 23 of the Federal Rules of Civil Procedure as now written, the...
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 department highlights interesting topics covered in recent newsletters and presents...
Copyrights
Sweat All You Want To, but It Won't Get You a Copyright A panel of the Second Circuit, with one judge dissenting, has dealt the legal publishing firm West Publishing Co. double blows, holding that rival publishers Matthew Bender & Co. and Hyperlaw...
Current Decisions
CIVIL JUSTICE REFORM Tort Reform Falls Victim to Plaintiffs' Bar In a sharp 4-3 disagreement and with a combative and caustically worded majority opinion, the Ohio Supreme Court has struck down the state's comprehensive 1995 civil reform legislation,...
Daubert, Doctors and Differential Diagnosis: Treating Medical Causation Testimony as Evidence
An assessment of admissibility is not the same as an assessment of sufficiency, but Daubert has created that confusion CAROL HELLER began experiencing various respiratory problems shortly after Shaw Industries installed new carpeting in her house.(1)...
Defending Your Client's Choice of Forum: Careful Focus and Precise Drafting Pay Off
Forum selection and choice of law clauses can be effective, but they must be precise and raised as defenses as early as possible FORUM selection clauses--contract language in which the parties specify in advance the jurisdiction in which future...
Defense News
Rules Amendments Approved by U.S. Judicial Conference The U.S. Judicial Conference has approved several amendments to the Federal Rules of Civil Procedure, the most notable being amendments to Rules 26 and 30, and to the Federal Rules of Evidence,...
False Claims Act
No Fraudulent Claims in Blood Plasma Testing Joan P. Luckey wasn't so lucky in her qui tam action under the False Claims Act against Baxter Healthcare Corp. and her claim that she was fired in violation of the act. The Seventh Circuit affirmed a summary...
Federal Preemption
No Matter How You Slice It It's Still the Label The Fifth Circuit turned back an attempt by a Mississippi rice grower to avoid federal preemption of his diversity action against a herbicide manufacturer based on state tort law. The plaintiff applied...
Federal Protection Comes to Biomaterials Suppliers
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 department highlights interesting topics covered in recent newsletters and presents...
Hazards of Expert Witnesses: Disclosing Work Product and Limiting Testimony
While the use of experts in litigation has increased markedly in recent years, there are problems that counsel must be careful to consider THE use of expert witnesses has increased since 1975 when Congress enacted the Federal Rules of Evidence,...
Judicial Immunity
Babble in the Hallway, but Not to the Press California judges are protected by absolute immunity for hallway statements made off the bench about cases before them, but they are not protected if they make false statements to the news media, the California...
Likely Issues in Y2K Claims in London Reinsurance Market
Likely Issues in Y2K Claims in London Reinsurance Market Writing in the June issue of the newsletter of the Reinsurance Committee, Michael Dobias and Graham Brown of the Davies Arnold Cooper (London) Reinsurance and Professional Indemnity Group look...
Looking to the Millennium: Will the Tripartite Relationship Survive?
That relationship is threatened by unilateral, economic-driven action that may result in its becoming a relic of the past IN THE tripartite relationship, the insurer is a client and has a fundamental interest in how its appointed lawyer handles...
Multidisciplinary Practice: Is It the Wave of the Future, or Only a Ripple?
ACROSS Western Europe, North America and to Australia, a prime issue of the moment for lawyers and their professional associations is whether to relax long-standing rules prohibiting lawyers from forming partnership practices with non-lawyers, a stance...
Multidisciplinary Practice: Is It the Wave of the Future, or Only a Ripple?
ACROSS Western Europe, North America and to Australia, a prime issue of the moment for lawyers and their professional associations is whether to relax long-standing rules prohibiting lawyers from forming partnership practices with non-lawyers, a stance...
Of Mice and Men
1998 was a memorable year in more ways than one. The President of the United States was impeached, the attorney-client privilege became fashionable cocktail conversation, and I turned 50. No more need be written about the impeachment and the subsequent...
Position of International Bar Association
(The following resolution was adopted by the Council of the International Bar Association on September 13, 1998.) WHEREAS, the IBA has as its first objective the ready access to justice and legal services for every member of society together with the...
Practice of Law
When Must Insurer Pay for Independent Counsel? The simple assertion of a defense under a reservation of rights does not require an insurer to pay for independent counsel for the insured. But the insured has a right to refuse the insurer's tender of a...
President's Page
A Marriage That Works AS the U.S. civil justice system imposes ever greater burdens and costs on litigation and clients, it becomes increasingly important for the International Association of Defense Counsel to strengthen partnerships that work...
Products Liability
Fertilizer Manufacturers Don't Make Bombs In February 1993, terrorists fabricated a bomb from products manufactured to be used as fertilizer and tried to blow up the World Trade Center in New York City. They succeeded in causing massive property damage,...
Reel to Real: Should You Believe What You See?
Keeping the good and eliminating the bad of computer-generated evidence will be accomplished through methods of self-authentication and vigilance IN THE acclaimed and popular motion picture Titanic, the opening scene shows hundreds of people seeing...
Singing the Fat-Fee Forfeiture Blues
Writing in the July issue of the newsletter of the Product Liability Committee, Allan K. DuBois of Green & DuBois, San Antonio, discusses a Texas case in which a plaintiffs' lawyers had to forfeit fees: An opinion that may dramatically affect Texas...
Statement of Defense Research Institute
(Following are excerpts from the statement of position of the Defense Research Institute presented by Executive Director John R. Kouris to the ABA Commission on Multidisciplinary Practice in August 1999.) The Defense Research Institute is a 22,000-member...
Statement of International Association of Defense Counsel
(Following is the statement of IADC Executive Committee member Richard P. Campbell, Boston, to the ABA Commission on Multidisciplinary Practice in August 1999.) We applaud the commission for the diligence, intensity and timeliness of its work and to...
The View from Australia
TRADITIONALLY, the legal profession in Australia has been governed by rules that prevented solicitors from practising in partnership with non-solicitors. The rules prohibited solicitors from sharing the profits derived from their practice of law with...
The World Wide Web and the New World of Litigation: A Basic Introduction
If legislatures, courts and policy makers fail to distinguish among the differing roles of ISPs, irrational liability decisions may be the result THE rise of the Internet has challenges for the judiciary: they now will be required to apply laws...
Tobacco Wars
Texas Statute Rides to the Rescue of Tobacco Companies Reyes Sanchez began smoking cigarettes in 1957 when he was 10 years old. He was diagnosed with throat cancer in 1995 and died in 1996. Was he at fault? No, of course not. There had to be someone...
Use of Forensic Economists in Commercial Litigation: A Defense Perspective
Forensic economic experts are essential in some business litigation, and the sooner defense counsel retain a qualified expert, the better for the case FORENSIC economists apply the general theories and methodologies of economics and statistics to...
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