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. 4, October

A Truly International Practice
Three weeks ago my partners and I in London took on a new Assistant Solicitor (an Associate, n American terms). She has an Irish law degree and qualified as an English Solicitor last year. She is also an attorney in good standing at the bars of New...
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...
Looking Backward to Move Forward with Your Defense: Using History to Overcome Jurors' Misunderstandings about Science
SUCCESSFULLY defending product liability lawsuits involving pharmaceuticals or medical devices presents a host of challenges. Viewing a handful of ambiguous, cherry-picked documents with "perfect" hindsight, jurors may feel tempted to conclude that...
Medicare Set-Asides and Future Damages Considerations in Civil Liability Matters, Lessons Learned through the Workers' Compensation Set-Aside Process
THE MEDICARE SECONDARY PAYER ACT (MSP) (1) requires that Medicare not pay for any health care item or service that has been paid or should be paid by a primary source. When an illness or injury occurs, Medicare is the secondary payer to other available...
No Fishing Poles in the Office
EARLY settlement is usually encouraged by the courts and welcomed by parties involved in a lawsuit. (1) However, it may not always be the most favorable result for the defendant, the plaintiff, or the civil justice system in general, for example when...
Out of Your Jurisdiction: Why FDA Recalls and Courts Do Not Mix
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 interesting topics covered...
Revision of the European Regulation "Brussels I": What U.S. Companies and Lawyers Should Keep in Mind
This article was originally published in the September 2011 International Committee Newsletter. Regulation no. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgments in civil and commercial matters ("Brussels...
SIRs and Deductibles - Evolving Policies and Their Impact on Carrier Duties
EVEN as the global economic crisis begins to show signs of recovery, commercial insureds continue to look for ways to tighten their corporate belts, cut costs and boost profits. One of the areas where insureds are increasingly taking a second look...
SIRs and Deductibles - Evolving Policies and Their Impact on Carrier Duties
EVEN as the global economic crisis begins to show signs of recovery, commercial insureds continue to look for ways to tighten their corporate belts, cut costs and boost profits. One of the areas where insureds are increasingly taking a second look to...
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