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. 76, No. 1, January

Are Pre-Dispute Jury Trial Waivers a Bargain for Employers over Arbitration? It Depends on the Employee
INTRODUCTION IN 1991, the Supreme Court issued an opinion that greatly impacted employment law and the resolution of employment disputes. The case of Gilmer v. Interstate/Johnson Lane Corp. became the groundbreaking decision in the movement favoring...
Asbestos for the Rest of Us: The Continued Viability of Statutes of Repose in Product Liability
INTRODUCTION Several writers have examined statutes of repose in the context of state-based product liability claims. Scholarship in this area generally centers on the constitutionality of product liability repose statutes, or commentary articulating...
Claims against Professionals Arising from Real Estate Flipping Schemes
A prior version of this article was presented at an IADC Professional Liability Roundtable meeting in New York, New York in May 2007. I. What is Real Estate Flipping? THERE are two types of Real Estate Flipping: the legal and the illegal type...
Claims against Professionals Arising from Real Estate Flipping Schemes
A prior version of this article was presented at an IADC Professional Liability Roundtable meeting in New York, New York in May 2007.I. What is Real Estate Flipping?THERE are two types of Real Estate Flipping: the legal and the illegal type of real property...
Emerging Issues: Global Warming Claims and Coverage Issues
I. AN INTRODUCTION TO THE POLARIZING AREA OF GLOBAL WARMING THE ISSUE of global warming or climate change remains a polarizing subject and a continuing source of heated political, social, and economic debate. On one end of the spectrum, there are...
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...
Lead, Partner, Execute, and Be Passionate
One of the great benefits afforded members of the IADC is the ability to attend Regional Meetings, whether at home or on the road. Not only does one get to connect with IADC friends, new and old, but one also gets to attend a top quality educational...
Let's Talk: Critical Aspects of the Anti-Contact Rule for Lawyers
I. Introduction Few issues in litigation are as contentious as lawyers' allegedly improper attempts at ex parte communications with parties or people so closely identified with parties that they may be considered off limits to informal discovery...
Reviewing the Law Reviews
Law Review Highlights: The integration of the Internet into almost every aspect of daily life has presented a challenge in applying traditional areas of law to new and previously unheard of situations. Two articles look specifically at the application...
Satisfying Due Process in Obtaining Jurisdiction over the Foreign Component Part Manufacturer
This article originally appeared in the September 2008 Product Liability Committee Newsletter. When a product has allegedly caused property damage or personal injury, the injured party may initiate legal action against multiple defendants responsible...
Satisfying Due Process in Obtaining Jurisdiction over the Foreign Component Part Manufacturer
This article originally appeared in the September 2008 Product Liability Committee Newsletter.When a product has allegedly caused property damage or personal injury, the injured party may initiate legal action against multiple defendants responsible...
Special Masters, Court-Appointed Experts and Technical Advisors in Federal Court
SPECIAL MASTERS, court-appointed experts, and technical advisors are not unique to any particular area of litigation. This discussion has general application to all types of litigation and is intended to provide practical insights to the applicable...
Staying Enforcement of a Money Judgment Pending Appeal: An Overview
This article originally appeared in the August 2008 IADC Appellate Practice Committee Newsletter. This article addresses one pressing issue that clients and defense counsel must confront after receiving an adverse verdict--can you avoid paying a...
The New Genetic Information Non-Discrimination Act
This article originally appeared in the August 2008 IADC Appellate Practice Committee Newsletter. The recently enacted Genetic Information Nondiscrimination Act ("GINA") was drafted to prohibit the improper use of genetic information by both health...
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