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. 74, No. 2, April

Complying with SEC Filing Requirements: Do You Risk Waiving a Privilege
A product defect can have serious financial implications for a product manufacturer, supplier, distributor, or retailer, prompting widespread litigation or a product recall. Mass litigation, or even a few serious lawsuits, can be "material events"...
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...
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...
Endocrine Disrupters: The Potential Cloud of Manufacturer Toxic Tort Liability
THE PUBLICATION of Our Stolen Future (1) in 1996 created a firestorm of publicity and public anguish concerning the possibility that tiny amounts of some widely-used chemicals--characterized as "endocrine disrupters" ("EDs")--might be causing a variety...
Ethical Considerations within the Tripartite Relationship of Insurance Law - Who Is the Real Client?
DEFENSE ATTORNEYS working within the insurance industry face various ethical dilemmas. This article examines the tripartite relationship, which has existed for more than three quarters of a century and includes a detailed look at such issues as who...
Excitement for the Future
These comments are being drafted shortly after the conclusion of a very successful Midyear Meeting at Pebble Beach. It has been approximately seven months since I began my term as President. This is a good time and opportunity to provide you with a...
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 Paint: Mass Tort Litigation and Public Nuisance Trends in America
LEAD PAINT, the most recent subject of mass tort litigation, raises important and critical issues regarding the path that tort law may be taking. The confluence of certain legal and judicial philosophies, has made recent decisions possible. For example,...
Look Who's Talking Now: Juror Questions to Witnesses
There is a growing trend across the United States, both in state and federal courts, that allows jurors to ask questions of witnesses during the course of a trial. There has been a surge of jury innovation research that has led many federal and state...
Preemption in Products Liability Cases: An Analysis of Federal Product Preemption under FIFRA and Bates V. Dow Agrosciences
THE LANDSCAPE of federal preemption with respect to product liability claims recently underwent a significant shift when the United States Supreme Court decided Bates v. Dow Agrosciences (1) on April 27, 2005. While Bates specifically involved the...
Reviewing the Law Reviews
Law Review Highlights: Technology The growth of technology poses a constant challenge to the law and its application as new forms of communication and software make their way into the day-to-day lives of people. Three articles examine how different...
Thinking Locally, Suing Globally: The International Frontiers of Mass Tort Litigation in Australia
PRIOR to 1992, mass tort litigation in Australia was virtually unknown. The country had no class action system and little or no product liability litigation, save for a series of claims involving IUDs that were essentially driven by the Dalkon Shield...

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