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. 67, No. 2, April

Bringing MDP Up to Date
SHALL we MDP, or shall we not MDP? That's one of the current hot-button issues for the legal profession in the United States, as well as in the common law countries of England and Australia. MDP stands for multidisciplinary practice (or partnership),...
Conning the IADC Newsletters
Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this department highlights interesting topics covered in recent newsletters and presents...
Discovery of E-Data in the New Millennium
Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this department highlights interesting topics covered in recent newsletters and presents...
Encouraging More Effective Use of Court-Appointed Experts and Technical Advisors
With the increasing need for sound experts in courtrooms, efforts should be concentrated on using available means to obtain them CONCURRING in General Electric Co. v. Joiner, Justice Breyer quoted the following from the amicus curiae brief of the...
English Courts Decide Forum for Asbestos Actions
English Courts Decide Forum for Asbestos Actions Writing in the newsletter of the Multinational Litigation Committee, Mark Elvy of Ashurst Morris Crisp, London, discusses the South African miners suit for asbestos dust personal injuries: Lubbe v. Cape...
Forces Shaping Mass Tort Litigation: Strategies for Defense Counsel
Unless corrective steps are taken, American business and civil justice systems may not be able to withstand the onslaught of class actions RESOLVING mass tort litigation is complex because of a variety of forces. While the task of doing so falls...
International Association of Defense Counsel 73d Annual Meeting
The Greenbrier * July 1-8, 2000 The 73d annual meeting of the International Association of Defense Counsel will be held from Saturday, July 1, through Saturday, July 8, at the elegant Greenbrier resort in White Sulphur Springs, West Virginia. The...
International Association of Defense Counsel Tenets of Professionalism
1. We will conduct ourselves before the court in a manner which demonstrates respect for the law and preserves the decorum and integrity of the judicial process. 2. We recognize that professional courtesy is consistent with zealous advocacy. We...
Los Angeles County Trial Courts Test Jury Innovations and Find They Are Effective
Six new ways of treating jurors were implemented in civil and criminal courts, with reactions and benefits being effective and positive with jurors JURY reform is a matter of paramount interest to the Los Angeles County system of justice. Court...
MDL Consolidation of Aviation Disaster Cases before and after Lexecon
Pending legislation may restore the ability of transferee courts to retain cases for trial and possibly determination of damages IN 1998, the U.S. Supreme Court decided Lexecon v. Milberg Weiss Bershad Hynes & Lerach,(1) holding that all actions...
Multidisciplinary Practice
"I've been a fool for lesser things" --BILLY JOEL TEN YEARS ago, if you asked the average lawyer what an MDP was, the likely answer would have been a rock band from England. What rock-and-roll did to big bands and hip-hop is doing to music today,...
Notice of By-Law Amendment
In accordance with Section 2, Article XIII, of the By-Laws of the International Association of Defense Counsel, Geoffrey S. Race, Secretary-Treasurer of the Association, hereby gives notice that the following amendment to Section 2, Article III, of...
Reviewing the Law Reviews
This is a selective bibliography of current law review literature of interest to defense counsel. Main articles are identified by naming the author or authors. The designations "Note," "Comment," "Case Note," etc. are as listed in the publication,...
Technology: The New Weapon in the War on Insurance Fraud
Not only can technology help identify fraud, but the knowledge of its availability and use will deter potential offenders BY SOME estimates insurance fraud costs the insurance industry more than $20 billion each year. Insurance companies and their...
U.S. Courts Should Not Adjudicate the Novel Theories of Tort in Nazi Forced Labor Cases
Both private and public interest considerations argue against American courts attempting to resolve these novel cases MANY cases have been filed recently in the United States in which one or a small group of plaintiffs has instituted suit on behalf...
Using Conflict of Law Analyses to Oppose Certification of Consumer Fraud Class Actions
Defense counsel must be aware of and insist that courts recognize the many differences and divergences of the state statutes IT WOULD be overly optimistic to think that the federal court system's well-reasoned and conservative approach to class...
What's Happening to the Parol Evidence Rule? More Holes in the Dike
Increasingly and alarmingly, parties face greater risks of losing their contractual bargains, no matter how unambiguous they may seem. I SAY to-mah-toe; you say to-ma-toe. Do we have a meeting of the minds? Should a court hear evidence to understand...
What to Consider in Determining Disability?
What to Consider in Determining Disability? Writing in the newsletter of the Drug, Device and Biotech Committee, Paul R. Leitner, William M. Speek and LaShanna Y Howard of Leitner, Williams, Dooley & Napolitan, Chattanooga, Tennessee, look at recent...
When Are Firefighters Truly Firefighters?
Writing in the newsletter of the Governmental, Civil Rights and Administrative Law Committee, Benton J. Mathis Jr. and Dana Kristin Maine of Freeman, Mathis & Gary, Atlanta, discuss legislative and judicial clarifications of the Fair Labor Standards...
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