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. 86, No. 2, April

Class Arbitration: Who Decides?
OVER the past several years, the U.S. Supreme Court has clarified a myriad of issues surrounding the availability of class arbitration, including most recently with the court's 2018 decision in Epic Systems Corp. v. Lewis providing firm guidance that...
Class Arbitration: Who Decides?
OVER the past several years, the U.S. Supreme Court has clarified a myriad of issues surrounding the availability of class arbitration, including most recently with the court's 2018 decision in Epic Systems Corp. v. Lewis providing firm guidance that...
Disputes That Raise Public Policy Issues: Special Problems in International Disputes
ONE of the primary benefits of international arbitration is that many countries have ratified treaties that allow for the enforcement of arbitral awards, whereas there are hardly any similar treaties allowing for reciprocal enforcement of civil judgments....
Disputes That Raise Public Policy Issues: Special Problems in International Disputes
ONE of the primary benefits of international arbitration is that many countries have ratified treaties that allow for the enforcement of arbitral awards, whereas there are hardly any similar treaties allowing for reciprocal enforcement of civil judgments....
Editor's Page
The spring edition of the Defense Counsel Journal offers four articles that epitomize the essence of the IADC: leaders of the defense bar sharing their insights and expertise into complex topics that are at the cutting-edge of our profession. Des Berry...
President's Page
The Defense Counsel Journal has always been special, but this issue is particularly special for me, as it will be the final one for which I am privileged to submit a President's Page. This year has been epic, and the opportunity to serve you and this...
Statistically Significant Association: Preventing the Misuse of the Bradford Hill Criteria to Prove Causation in Toxic Tort Cases
Volume 86, No. 2 ONE of the highest hurdles for a plaintiff to clear in a toxic tort or product liability case is proof of causation. This is because other key elements of the plaintiff's case, such as product identification, product use and even exposure,...
Statistically Significant Association: Preventing the Misuse of the Bradford Hill Criteria to Prove Causation in Toxic Tort Cases
ONE of the highest hurdles for a plaintiff to clear in a toxic tort or product liability case is proof of causation. This is because other key elements of the plaintiff's case, such as product identification, product use and even exposure, typically...
The September 11, 2001 Terrorist Attack and Litigation Aftermath
Volume 86, No. 2 ON SEPTEMBER 11, 2001, in an unprecedented attack upon the United States, 19 terrorists hijacked four commercial aircraft and purposefully crashed them, causing thousands of deaths and injuries and enormous property damage. Five hijackers...
The September 11, 2001 Terrorist Attack and Litigation Aftermath
ON SEPTEMBER 11, 2001, in an unprecedented attack upon the United States, 19 terrorists hijacked four commercial aircraft and purposefully crashed them, causing thousands of deaths and injuries and enormous property damage. Five hijackers seized American...
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