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. 3, July

Arbitration in Nursing Home Cases: Trends, Issues, and a Glance into the Future
ALTHOUGH COURTS have a long history of addressing arbitration agreements in business and consumer transactions, the concept of arbitration in nursing home cases is a relatively recent development that has become a hotly contested area of law. (1) Unique...
Conflicts
This article originally appeared in the June 2009 Professional Liability Committee Newsletter. The one word answer for why the firm made the headlines in the newspaper today. Yes, the most severe legal malpractice settlements and verdicts all come...
Defending against Suits Brought by Illegal Aliens
I. Introduction PIERRE LEFAUX is a citizen of Canada who illegally (1) entered the United States. (2) Pierre used a forged birth certificate and false social security card in the name of Peter Jones to obtain employment with XYZ Painting, a Texas...
Defending the Punitive Damages Claim: How to Use Philip Morris V. Williams and Exxon Shipping Co. V. Baker
This article originally appeared in the March 2009 Product Liability Committee Newsletter. Defendants in product liability actions often face punitive damages claims, and, if the plaintiff is successful in getting the punitive damages claim to the...
How Nice Guys Finish First
This article originally appeared in the June 2009 Trial Techniques and Tactics Committee Newsletter. Any attorney older than 50 grew up in the era when the Hollywood role model for attorneys was Perry Mason, the longest running lawyer show in TV...
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...
Reviewing the Law Reviews
Law Review Highlights: The right of publicity is a tort that was initially considered derivative of a person's right to privacy. Over the years, however, the tort has morphed into a right that is more prominently built on property interests. Two...
Strategies for Defeating the Fraudulent Joinder of Sales Representatives in Pharmaceutical and Medical Device Litigation
This article originally appeared in the May 2009 Drug, Device, and Biotechnology Committee Newsletter. THE TREND OF FRAUDULENT JOINDER Over the past decade, plaintiffs have stepped up their assaults on federal diversity jurisdiction in pharmaceutical...
The Consumer Product Safety Improvement Act, Its Implementation and Its Liability Implications
ALTHOUGH ENACTED before Election Day, the Consumer Product Safety Improvement Act of 2008 (CPSIA or the Act), (1) may be the first of a series of new legislative initiatives that will strengthen federal regulatory power, increase funding for federal...
The Double Edged Sword: Internal Law Firm Privilege and the "Fiduciary Exception"
I. Introduction AS law firms have grown in both size and organization, internal ethics and claims advice has increasingly taken on institutional form. Where in years past a law firm lawyer might have informally sought out a seasoned colleague to...
The U.S. Supreme Court: No Federal Preemption of Failure to Warn Tort Actions against Pharmaceutical Manufacturers
This article originally appeared in the June 2009 Toxic and Hazardous Substances Litigation Committee Newsletter. On March 4, 2009, the U.S. Supreme Court handed down its much-anticipated opinion in Wyeth v. Levine. (1) The Court held 6-to-3 that...
This Honorable Profession
Dr. J. Rufus Fears, the David Ross Boyd Professor of Classics at the University of Oklahoma, has said that if a society were to be based upon honor, its disputes would be settled by duels. After all, the contestants in a duel are so committed to their...
Trends in Litigating Arbitration: Using Motions to Compel Arbitration and Motions to Vacate Arbitration Awards
ARBITRATION has been used in commercial disputes since at least the 13th century. (1) George Washington included an arbitration provision in his will, (2) and arbitration remains the preferred choice for parties engaging in international transactions...

Oops!

An unknown error has occurred. Please click the button below to reload the page. If the problem persists, please try again in a little while.