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. 82, No. 1, January

A Guide through the Medicare Morass: Medicare Fundamentals and Best Practices for Liability Insurers and Their Attorneys
SINCE its enactment, the mandatory Medicare reporting obligations of companies and insurers under U.S. federal law, i.e., Section 111 of the Medicare and Medicaid SCHIP Extension Act ("MMSEA") of 2007, have been discussed extensively. (1) From an insurer's...
A Guide through the Medicare Morass: Medicare Fundamentals and Best Practices for Liability Insurers and Their Attorneys
SINCE its enactment, the mandatory Medicare reporting obligations of companies and insurers tinder U.S. federal law, i.e., Section 111 of the Medicare and Medicaid SCHIP Extension Act ("MMSEA") of 2007, have been discussed extensively.1 From an insurer's...
An Overview of the Legal Standard regarding Product Liability Design Defect Claims and a Fifty State Survey on the Applicable Law in Each Jurisdiction
This article originally appeared in the September 2014 Product Liability Committee newsletter. IT has been said that "the expansion of product manufacturer liability throughout the latter half of the twentieth century stands among the most dramatic...
An Overview of the Legal Standard regarding Product Liability Design Defect Claims and a Fifty State Survey on the Applicable Law in Each Jurisdiction
This article originally appeared in the September 2014 Product Liability Committee newsletter.IT has been said that "the expansion of product manufacturer liability throughout the latter half of the twentieth century stands among the most dramatic changes...
Avoiding the Urkel Defense (Did I Do That?): How Safeco Has (and Has Not) Begun to Provide an Affirmative Defense against Statutory Willfulness
"DID I do that!" is a popular catchphrase used by American sitcom character, Steve Urkel. (1) Urkel was a clumsy but well-intentioned character on the sit-com Family Matters. At the center of the show's playful gags were Urkel's genius inventions and...
Avoiding the Urkel Defense (Did I Do That?): How Safeco Has (and Has Not) Begun to Provide an Affirmative Defense against Statutory Willfulness
"DID I do that?" is a popular catchphrase used by American sitcom character, Steve Urkel.1 Urkel was a clumsy but wellintentioned character on the sit-com Family Matters. At the center of the show's playful gags were Urkel's genius inventions and klutz...
IADC Amicus Brief Program
The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product...
IADC Amicus Brief Program
The International Association of Defense Counsel has an active amicus curiae program, submitting briefs on issues of importance to IADC members and their clients. Through its amicus participation, the IADC has helped shape the law surrounding product...
IADC Global Connection: For Law, for Life; the Unique Value of Membership
Friendship is unnecessary, like philosophy, like art ... It has no survival value; rather it is one of those things that give value to survival. --C. S. Lewis The IADC is peerless. No other legal organization provides its members and their families...
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...
International Perspectives on Arbitration Confidentiality
This article originally appeared in the October 2014 Alternative Dispute Resolution Committee newsletter. "CONFIDENTIALITY" is a poorly understood concept among most advocates and parties alike. There is a distinction between privacy of the proceedings,...
International Perspectives on Arbitration Confidentiality
"CONFIDENTIALITY" is a poorly understood concept among most advocates and parties alike. There is a distinction between privacy of the proceedings, and confidentiality relating to filings, discovery, evidence, and the award. Most international arbitration...
President's Page
Friendship is unnecessary, like philosophy, like art... It has no survival value; rather it is one of those things that give value to survival.- C. S. LewisThe IADC is peerless. No other legal organization provides its members and their families with...
Protecting the Motor Carrier against the Threat of Punitive Damages: An Updated Case Review
HISTORICALLY, the case law regarding the issue of punitive damages against trucking companies stemming from the accidents of its drivers has been mostly favorable to trucking companies. This makes sense considering the extremely high standards courts...
Protecting the Motor Carrier against the Threat of Punitive Damages: An Updated Case Review
Historically, the case law regarding the issue of punitive damages against trucking companies stemming from the accidents of its drivers has been mostly favorable to trucking companies. This makes sense considering the extremely high standards courts...
Too Good to Last? Will the FDA's Proposed Rule Put an End to Generic Drug Preemption under Mensing and Bartlett?
UNDER Mensing and Bartlett, state law generic drug product liability claims sounding in failure to warn are currently preempted. Simply put, because generic drug manufacturers cannot simultaneously comply with federal drug labeling regulations and...
Too Good to Last? Will the FDA'S Proposed Rule Put an End to Generic Drug Preemption under Mensing and Bartlett?
UNDER Mensing and Bartlett, state law generic drug product liability claims sounding in failure to warn are currently preempted. Simply put, because generic drug manufacturers cannot simultaneously comply with federal drug labeling regulations and state...
"Whole Lotta Shakin' Going On": Recent Studies Link Fracking and Earthquakes
This article originally appeared in the September 2014 Environmental and Energy Law Committee newsletter. HYDRAULIC fracturing, commonly known as "fracking," is a well-stimulation technique involving high pressure drilling which has garnered notoriety...
"Whole Lotta Shakin' Going On": Recent Studies Link Fracking and Earthquakes
HYDRAULIC fracturing, commonly known as "fracking," is a wellstimulation technique involving high pressure drilling which has garnered notoriety in the recent press. This method of drilling involves blasting water, sand, and chemicals into rock formations...
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