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. 84, No. 1, January

Differential Diagnosis and Daubert: Preventing the Misuse of Differential Etiology to Prove Causation in Toxic Tort Cases
In medicine, a differential diagnosis is a technique physicians sometimes use to identify the cause of a patient's symptoms. As its name indicates, the process is intended to result in a medical diagnosis. The term "differential diagnosis" has often...
Editor's Page
Greetings and happy new year. I recently received a daily question and answer journal as a gift. Each day it poses a short question that prompts me to briefly write thoughts about various aspects of life. A question I recently read asked, "Who inspires...
Editor's Page
Greetings and happy new year. I recently received a daily question and answer journal as a gift. Each day it poses a short question that prompts me to briefly write thoughts about various aspects of life. A question I recently read asked, "Who inspires...
Explaining Complex Commercial and Business Concepts to a Jury without Peers
FOR the last eighteen months, you have been steeped in the intricacies of your case. The facts that should make a difference. The theories that satisfy or refute the applicable five-pronged prima facie test. The idiosyncrasies of the witnesses, and...
Explaining Complex Commercial and Business Concepts to a Jury without Peers
FOR the last eighteen months, you have been steeped in the intricacies of your case. The facts that should make a difference. The theories that satisfy or refute the applicable five-pronged prima facie test. The idiosyncrasies of the witnesses, and the...
International Arbitration in Bankruptcy Proceedings: Uncertainty in the Enforcement of Arbitration Agreements
ARBITRATION agreements are becoming more the norm, especially in international transactions. (1) International arbitration courts like the ICSID and the international Chamber of Commerce have shown a steady, continuing increase in international arbitration...
Surety in the 21st Century: Everything Old Is New Again
At the end of the 1980's and throughout the 1990's, there were numerous contractor bankruptcies and insolvencies, which triggered defaults under the terms of construction contracts. This led to claims by owners against the insurance companies acting...
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