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. 80, No. 3, July

Changes in the Reference Manual on Scientific Evidence (Third Edition)
THE FIRST EDITION of the REFERENCE MANUAL ON SCIENTIFIC EVIDENCE was published in 1994 shortly after the United States Supreme Court decided Daubert v. Merrell Dow Pharmaceuticals, Inc. (1) The REFERENCE MANUAL ON SCIENTIFIC EWDENCE (Second Edition)...
Fraud-on-the-Market Class Certification: Theory, Tolling and Materiality
This article originally appeared in the March 2013 Class Actions and Multiparty Litigation Committee newsletter. I. The Fraud On The Market and Halliburton THE "fraud-on-the-market" theory under Rule 10b-5 of the Securities Exchange Act of 1934...
Fraud-on-the-Market Class Certification: Theory, Tolling and Materiality
This article originally appeared in the March 2013 Class Actions and Multiparty Litigation Committee newsletter.I. The Fraud On The Market and HalliburtonTHE "fraud-on-the-market" theory under Rule 10b-5 of the Securities Exchange Act of 19341 is based...
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...
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...
iCivics and the IADC
At our Midyear Meeting in 2010, the IADC was honored to have as its Foundation Forum Speaker United States Supreme Court Justice Sandra Day O'Connor. While everyone in attendance was enthralled with Justice O'Connor's comments about her amazing career...
iCivics and the IADC
At our Midyear Meeting in 2010, the IADC was honored to have as its Foundation Forum Speaker United States Supreme Court Justice Sandra Day O'Connor. While everyone in attendance was enthralled with Justice O'Connor's comments about her amazing career...
Malfunction Theory as a Triple Threat for the Defense
MALFUNCTION THEORY allows plaintiffs in a products liability case to prove the probability of a defect by eliminating normal causes of malfunctions, even without proving the specific existence of a product defect." Plaintiffs have applied malfunction...
My Place or Yours? SCC Sets New and Improved Test for Jurisdiction in Canada
ON APRIL 18, 2012, the Supreme Court of Canada ("SCC") changed the "real and substantial connection" test for determining when a Canadian court is allowed to take jurisdiction over a foreign (extra-provincial or international) defendant. This decision...
Protecting the Corporate Counsel Communications Shield: The Attorney-Client Privilege Is Alive and Well for Company Lawyers
This article originally appeared in the April 2013 Business Litigation Committee newsletter. IN THE CURRENT electronic era, one of the substantial challenges facing defense lawyers is protecting written communications involving corporate counsel....
The Collateral Source Rule and Medical Expenses: Anticipated Effects of the Affordable Care Act and Recent State Case Law on Damages in Personal Injury Lawsuits
THE UNITED STATES Supreme Court's 5-4 decision in National Federation of Independent Business v. Sebelius (1) was one of the most anticipated Supreme Court decisions in recent years. The primary issues--the breadth of the commerce clause, the necessary...
Think before You "Speak": What Lawyers Can and Cannot Say in the Digital Age
Membership in the bar is a privilege burdened with conditions. Justice Benjamin Cardozo ATTORNEYS PERFORM nearly all of their work through speecheither through written briefs or the spoken word. As Frederick Schauer poignantly declared: As...
Waiving the Right to Arbitrate by Participating in Litigation
THE SUPREME COURT has made it clear that in cases involving the Federal Arbitration Act (1) there is a liberal public policy favoring arbitration (2) and that courts should "rigorously enforce agreements to arbitrate...." (3) Consistent with these...
Wind Power and Nuisance Litigation
This article originally appeared in two parts in the April 2013 and May 2013 Environmental and Energy Law Committee newsletters. AROUND THE GLOBE people seek ways to provide ever increasing demands for electric power to developing--and developed--nations...