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. 4, October

A Trout in the Milk: Subtly Raising the Burden of Proof in a Wrongful Death Case
A Case Study by Joseph J. Roper It was a bitterly cold night--single digit temperatures and a howling wind raked the rural Missouri countryside. Jane Doe, a widow in her eighties, felt a chill. She peered at the thermostat. It was high, but there...
Avoiding Health Care Qui Tam Actions
In recent years, the federal government has made abundantly clear its intention to use the False Claims Act ("FCA") (1) to protect the government against fraudulent claims for payment. In health care, this has meant multi-million dollar penalties for...
Becoming Justice Blackmun
Becoming Justice BlackmunBy Linda GreenhouseThis Book Review of Becoming Justice Blackmun (Author Linda Greenhouse) is written by William A. Wick, who is of Counsel for the Indianapolis law firm of Stewart & Irwin. A long- standing member of IADC,...
Insurance Coverage and Conflicting Interpretations of the MCS-90
COMMERCIAL vehicles engaged in interstate commerce have been federally regulated for over seventy years. Interstate carriers have been required to establish proof of financial responsibility, and assume responsibility for leased vehicles, for fifty...
Is There an Expert in the House? Expert Evidence in Insurance Coverage Cases
WHILE the admission of expert evidence is a matter that rests within the discretion of the trial judge, generally, a qualified expert will be permitted to offer his or her opinion on an issue which involves "specialized knowledge" (i.e., "professional...
Reviewing the Law Reviews
Law Review Highlights: The internet provides a unique, although increasing less so, venue for a person to express an opinion or share information that is potentially hurtful to others. As this format becomes commonplace, the challenge of applying...
The Availability of Punitive Damages in Europe: Growing Trend or Nonexistent Concept?
The Punishment of Theft and Other Trespasses If any man steal an ox or a sheep, and kill or sell it: he shall restore five oxen for one ox, and four sheep for one sheep. If that which he stole be found with him, alive, either ox, or ass, or sheep:...
The Lawyer in Today's World
In his last President's Page, Bruce Parker had approximately one month remaining in his term. As I write this, my first President's Page, it seems hard to believe that almost two months of my term have elapsed. In his column, Bruce recounted the number...
The Self-Critical Analysis Privilege in the Context of Drug & Medical Device Litigation
Between the reporting requirements of the Federal Food, Drug and Cosmetic Act (FDCA) and potential products liability exposure, drug and medical device manufacturers have very little room for error. Because established legal privileges provide insufficient...
Viability of Mandatory Arbitrations: Are Companies Still Allowed to Pick Their Own Poison?
This article was originally presented at the IADC Annual Meeting in Bermuda in July, 2007. (1) ARBITRATION has traditionally been understood as a creature of contract. It has been valued because of its flexible nature which allows parties to structure...
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