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. 61, No. 2, April

Challenges to EPA's Listing of Hazardous Waste Sites
UNDER the Comprehensive Environmental Response, Compensation and Liability Act of 1980, known as CERCLA, the Environmental Protection Agency is engaged in a continuous effort to address the growing problem of inactive hazardous waste sites throughout...
Confronting Reinsurers' Rescission Claims: Some Suggestions for Cedents
In recent years, cedents attempting to enforce reinsurance contracts have encountered rescission claims based on allegations of misrepresentation or non-disclosure(1) - claims that can raise the stakes of litigation or arbitration considerably. For...
Corporate Counsel's Guide to the New Rules
The new Federal Rules of Civil Procedure are in effect, yet nearly 50 of the 94 federal district courts have either explicitly opted out of the disclosure provisions of new Rule 26(a)(1) or have adopted a local rule that differs from it, while only...
Enforcing Arbitration Agreements between Employers and Employees
The Supreme Court and lower federal courts are moving toward enforcement of employer-employee arbitration clauses, but some doubts remain Arbitration offers employers a method of resolving disputes with employees that has a number of advantages...
Evidentiary Issues in Coverage and First-Party Bad Faith Cases
Keeping alert to plaintiffs' strategy and tactics in presenting evidence is essential if defense counsel hope to reach a favorable resolution Questions of the admissibility of evidence in actions against insurers involving coverage and bad faith...
Expanding the Family: Testing the Limits of Tort Liability
This is a message to all tort litigation defense counsel. Beware - new plaintiffs are on the horizon! Although courts traditionally have defined the "family" in terms of blood, marriage or adoptive relationships, a new definition is evolving in...
Is the Turnover Duty Real, or Just Unseaworthiness in Disguise?
THE JOB of the longshoreman - loading and unloading cargo-carrying vessels - always has been hazardous. In fact, longshoremen traditionally have been four times more susceptible to injury than the average manufacturing worker. Recognizing these hazards,...
Law Firm Management under the New Rules
SINCE August 1991, when the extensive revisions of the Federal Rules of Civil Procedure were first aired for public consideration, the bench and bar have focused on their effects on the judicial process and the rights and obligations of litigants and...
Limitation of Action Considerations in Respect of U.K. Insurers
The London insurance market, both corporate and Lloyd's of London, has an extensive participation as reinsurer of primary business underwritten throughout the world. The question of the choice of security to stand behind the primary underwriters has...
Renewed Look at the Duty to Warn and Affirmative Defenses
Duty to warn allegations are easy to make, and the cases are proliferating, making it time to sharpen up on the affirmative defenses THE DUTY to warn is the most widely employed claim or theory in products liability litigation today.(1) Almost all...
Understanding Temporomandibular Disorders
TEMPOROMANDIBULAR disorder (TMD) manifests itself in a variety of symptoms and clinical presentations. The basis of these illnesses is a spectrum of physical disorders capable of causing an abnormality or imbalance in the delicate working relationship...
What Are the New Rules?
The amendments to the Federal Rules of Civil Procedure that became effective December 1, 1993, work the most dramatic changes in federal litigation since the inception of the civil rules in 1938. During the development and evaluation of the amendments,...
Search by... Author
Show... All Results Primary Sources Peer-reviewed

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.