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. 78, No. 3, July

Conning the IADC Newsletters
International Association of Defense Counsel Committee members prepare newsletters on a monthly basis that contain a wide range of practical and helpful material This section of the Defense Counsel Journal is dedicated to highlighting interesting topics...
Consolidation of Arbitrations after Stolt-Nielsen
This article originally appeared in the June 2011 Insurance and Reinsurance Committee Newsletter. Last year, in Stolt-Nielsen S.A. v. AnimalFeeds Int'l Corp. (1) ("Stolt-Nielsen"), the Supreme Court considered whether an arbitration panel may order...
Developments in Antitrust Law That Impact Intellectual Property Licensing Transactions
INTELLECTUAL property law has always been in tension with antitrust law. Intellectual property law protects monopolies; antitrust law disfavors them. Since the early years of the Sherman Act, the pendulum of antitrust law has swung back and forth between...
Finding Fault with Ault - Why the Exclusion of Subsequent Design Change Evidence in Product Liability Cases Makes Sense, Even in California
THE FOLLOWING is an all too common occurrence in products liability cases alleging a design defect: a plaintiff alleges he or she was injured due to a design defect in a product; the manufacturer of the product, at some point after the accident, alters...
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...
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...
Just Because It's Nuclear, Doesn't Mean It's Excluded: Liability Insurers' Potential Exposure for Commercial Uses of Radioactive Material
This article originally appeared in the May 2011 Insurance and Reinsurance Committee Newsletter.On March 11, 2011, a devastating earthquake and the resulting tsunami crippled nuclear reactors at the Fukushima power plant in northern Japan. Subsequent...
President's Page
As I sit down to write my last President's Page for the year, it is astonishing to realize that my term as President of the IADC is all but over. It has been an enormous privilege to serve the IADC as its President. We have been in high gear since...
President's Page
As I sit down to write my last President's Page for the year, it is astonishing to realize that my term as President of the IADC is all but over. It has been an enormous privilege to serve the IADC as its President. We have been in high gear since the...
Reviewing the Law Reviews
Law Review Highlights: Climate change and its impact on the population are the basis of a growing number of lawsuits in the United States. The question of who will pay for damages resulting from rising seas or increasingly violent weather has come...
Supreme Court to Readdress Stream of Commerce Theory of Personal Jurisdiction
This article originally appeared in the April 2011 Products Liability Committee Newsletter. In International Shoe Co. v. Washington, (1) the Supreme Court held that for a state to exercise personal jurisdiction over a non-resident defendant, the...
The Aggregate Settlement Rule: A Rule in Search of a Definition
WITH THE advent over the past quarter century of "global" settlements of "mass" torts, the aggregate settlement rule American Bar Association Model Rule of Professional Conduct 1.8(g)--has come to play an increasingly central role in the settlement...
The Supreme Court of California Rules on Santa Clara Contingency Fee Issue - Backpedals on Clancy
IMAGINE that a City Attorney comes before the court and makes the following argument: "Your Honor, we face a crisis. We believe certain substances present in the homes and public buildings of our fair City must be removed. Not only can we not afford...
U.S. Consumer Protection Law: A Federalist Patchwork
UNLIKE MANY foreign jurisdictions, the United States lacks a singular, comprehensive consumer protection code. Consumer protection law in the United States is instead a patchwork of federal and state laws. This patchwork is primarily a product of U.S....
What Every Pharmaceutical and Medical Device Company Should Know: False Claims Act Cases Based on Off-Label Promotion Promise to Increase with the Healthcare Act and the Bad Ad Program
FOR MANUFACTUERS of prescription drugs and medical devices, preventing the "off-label" promotion of their products (i.e., marketing the product for uses for which it was not approved) has always been a top concern and issue on which significant company...
What's in a Name? Possibly, Strict Liability as an Apparent Manufacturer
This article originally appeared in the May 2011 Products Liability Committee Newsletter. In Lou v. Otis Elevator Co., (1) the Massachusetts Appeals Court held that a trademark licensor who participates substantially in the design, manufacture,...