Vol. 70 No. 3, July 2003
Index
- Thank you for a wonderful year.
- Calendar of legal organization meetings.
- International Association of Defense Counsel tenets of professionalism.
- Loss of chance in medical malpractice: a look at recent developments: the growing acceptance of this doctrine raises difficult public policy issues, as well as concerns for the limits of medical professional liability. .
- Making the case against medical monitoring: has the shine faded on this trend? Three recent state supreme court cases have refused to recognize this novel extension of established tort law, and class certification looks dim.
- Effect on surety of obligee's release of principal: a critical look at the rules in the restatement: the Restatement (Third) of Suretyship and Guaranty addresses the consequences of the obligee's release of the principal.
- 2002: Australia's year zero of tort reform: but federal government's response is crucial: in the wake of the recommendations of the Ipp Report, legislation at the state and territory level will shape litigation for years to come.
- A case for national e-mail regulation: state UCE statutes have infirmities: no matter how you test state UCE statutes, they are ineffective to stop spam and many are invalid under the dormant commerce clause.
- Touchstone for insurers pursuing subrogation: save the evidence: spoliation of evidence is costly and disastrous, particularly to subrogees when they seek recovery of losses.
- CD-ROM: briefing of the future is coming at a click of a mouse near you: appellate courts are moving toward the acceptance of CD-ROM briefs, and they, as well as appellate practitioners, are welcoming the trend. .
- Anchors away: attacking dollar suggestions for non-economic damages in closings: defense counsel should use a motion in limine to preclude plaintiffs' attorneys from using lump sum or per diem computations to jurors.
- Annual survey of fidelity and surety law, 2002, Part II: this roundup of recent cases covers public and private construction bonds and financial institution bonds.