Defense Counsel Journal
-
Reviewing the law reviews.
-
Conning the IADC newsletters.
-
International Association of Defense Counsel tenets of professionalism.
-
Is the turnover duty real, or just unseaworthiness in disguise?
-
Taking the 'product' out of product liability: litigation risks and business implications of innovator and co-promoter liability.
-
Calendar of meetings.
-
Fifth Circuit holds that amending complaint constitutes "commencement" of new suit creating removal jurisdiction under CAFA.
-
The use of computer-generated animations and simulations at trial.
-
Reviewing the Law Reviews.
-
Editor's page.
-
IADC tenets of professionalism.
-
Product Brief: The U.S. Consumer Product Safety Commission.
-
Reinsurance arbitration 2001: Will the new ways cripple "arbitration clause"?
-
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.
-
Be a defense lawyer: help your clients minimize losses.
-
The duty to give information and the duty of confidentiality.
-
In the Supreme Court of the United States.
-
IADC tenets of professionalism.
-
Calendar of meetings.
-
Price of pro bono representations: examining lawyers' duties and responsibilities: for many reasons lawyers owe a duty to provide legal services to those who can't afford them, and the mandatory pro bono model is best for that goal.
-
Recovery of future medical expenses for novel treatment.
-
Are you defending your clients where they don't belong? Corporate defendants' new potent defense is personal (jurisdiction, that is).
-
Attorney-client privilege and work product doctrine in the corporate setting.
-
Did You Really Send It? Email Evidence in Litigation and Arbitration in Argentina.
-
The evolving landscape for pharmaceutical product liability litigation in Canada.
-
Insurer's duty to defend gets some definition and refinement.
-
IADC tenets of professionalism.
-
The learned intermediary doctrine and beyond: exploring direct-to-consumer drug advertising liability in the new millennium.
-
Using conflict of law analyses to oppose certification of consumer fraud class actions.
-
Ten rules for great jury selection: with some lessons from Texas case law.
-
Implementing telemedicine nationwide: analyzing the legal issues.
-
Despite the evidence, I swear that the facts I allege are true: confronting a plaintiff's uncorroborated testimony on a factual issue when removing a case based on fraudulent joinder.
-
The self-critical analysis privilege in the context of drug & medical device litigation.
-
Avoiding the Urkel defense (did I do that?): how Safeco has (and has not) begun to provide an affirmative defense against statutory willfulness.
-
Lawyer liability for aiding and abetting clients' misconduct under state law.
-
Calendar of meetings.
-
A New Focus for Defense Voir Dire: Safetyism.
-
Conning the IADC Newsletters.
-
$290 million punitive award against Ford stands.
-
Insurer control of defense: reservations of rights and right to independent counsel: insurer loses right to defend only when there is conflict of interest, and even in the independent counsel setting, the insurer retains certain rights.
-
Self-driving technology and autonomous vehicles: a whole new world for potential product liability discussion.
-
Insurance Coverage Rules for Inverse Condemnation Actions Involving Public Water Systems.
-
Importing products: legal risks and defense strategies.
-
Life after SLUSA: what is the fate of holding claims? The pre-emptive force of the 1998 legislation should not upset the long-held balance in the U.S. federal system by trumping all state actions.
-
The missing link: connecting key evidence to the jurors.
-
Law firm management under the new rules.
-
State and federal statutory and regulatory treatment of hydraulic fracturing.
-
The Seventh Circuit Widens a Split Among the Circuits on SLUSA Preemption of State Class Actions.
-
IADC pride: the global connection.
-
Worksite enforcement issues for employers.
-
IADC tenets of professionalism.
-
How to defend against claims for hedonic damages.
-
Committee Chair Letter - Volume 87, Number 2.
-
International Association of Defense Counsel Tenets of Professionalism.
-
Becoming masters of the universe: the how to's of multi-jurisdictional product liability litigation.
-
California dreamin'? Generic drug users can sue brand name drug manufacturers.
-
Reviewing the law reviews.
-
On Petition for a Writ of Certiorari to the United States Court of Appeals for the Sixth Circuit.
-
Romantic relationships at work: does privacy trump the dating police? Courts generally have upheld fraternization policies that balance employer and interests carefully and that are administered impartially.
-
Reviewing the Law Reviews.
-
Fraud on FDA claim survives preemption.
-
Medicare set-asides and future damages considerations in civil liability matters, lessons learned through the workers' compensation set-aside process.
-
Loyalty and clienthood go together.
-
Disqualifying arbitrators for failure to make complete disclosures after Scandinavian Re v. St. Paul Re: what is "evident partiality"?
-
The IADC congratulates its professional staff.
-
Canadian price-fixing class actions: the Supreme Court of Canada gives the green light to indirect purchaser claims.
-
IADC Committee Newsletters.
-
Reviewing the law reviews.
-
Officers and Board of Directors.
-
PFAS Exposure: A Comprehensive Look at Emerging Facts and Studies, Risk and Liability Assessment, Litigation History, Evolving Regulations and Future Predictions.(perfluoroalkyl and polyfluoroalkyl substances legal issues)
-
Toxicology made easy: what every trial advocate should know.
-
Third Restatement: new prescription for makers of drugs and medical devices.
-
Med-arb: mediation with a bite and an effective ADR model.
-
Touchstone for insurers pursuing subrogation: save the evidence: spoliation of evidence is costly and disastrous, particularly to subrogees when they seek recovery of losses.
-
New York State establishes mass tort cases regime.
-
Defending Marcellus shale groundwater contamination claims: the case against class actions and other theories of liability.
-
Reciprocal indemnification agreements in the oil industry: the good, the bad and the ugly.
-
$25 million class settlement thrown out.
-
Expanding the scope of judicial review of arbitration awards: speak clearly.
-
Protecting the corporate counsel communications shield: the attorney-client privilege is alive and well for company lawyers.
-
Reviewing the law reviews.
-
Emerging DTC advertising of prescription drugs and the learned intermediary doctrine: even in the absence of a true physician-patient relationship, drug manufacturers can protect themselves by warning consumers directly.
-
Important employment cases in U.S. Supreme Court.
-
Closing arguments.
-
Federal class action reform in the United States: past and future and where next? If the past is prologue, then there will be many proposals, some tinkering, some substantive, some legislative, to change class action practice.
-
Using Independent Taint Teams to Better Protect Attorney-Client Privilege.
-
President's Page--Volume 88, Number 3.
-
New Restatement of Suretyship and Guaranty raises some practical problems.
-
Application of salvage law and the law of finds to sunken shipwreck discoveries.
-
Calendar of Legal Organization Meetings.
-
Overcoming tensions between drug/device defendants and treating physicians.
-
Bytes, bits and bucks: cost shifting and sanctions in e-discovery: in the electronic forest where sanctions can abound, good faith of the part of counsel in meeting requests can go a long way in avoiding trouble.
-
Exercise independent judgment.
-
Publican in England uses EC competition law to recover in English Court: Crehan upstages Courage by challenging a tie arrangement with a brewing giant and comes off with a European Community law victory.
-
Reviewing the law reviews.
-
Washington State Pay Transparency Class Actions - A Wild Ride.
-
Confidentiality or confirmation: the complications of confirming confidential arbitration awards after Eagle Star Ins. Co. v. Arrowood Indemnity Co.
-
Of legal audits and legal ethics.
-
Highlights of the Class Action Fairness Act of 2005: the future of class actions in America.
-
Looking to the Millennium: will the tripartite relationship survive?
-
Hazards of expert witnesses: disclosing work product and limiting testimony.
-
"Restored recollections": claims based on repressed memories of abuse.
-
Collateral estoppel in attorney disciplinary proceedings: a Hobson's choice.
-
Forensic economist expert liable for malpractice.
-
Editor's.
-
IADC tenets of professionalism.
-
Pseudo-scientists at the gate: the new FJC manual will help.
-
Reviving the dying spirit of rule 704: put the legal conclusion doctrine to rest.
-
Using Independent Taint Teams to Better Protect Attorney-Client Privilege.
-
Canada's new consumer product legislation: a shield or a sword?
-
Wading through the stream of commerce: when can foreign manufacturers expect to be subject to specific jurisdiction in United States courts?
-
Current Decisions.
-
Staying enforcement of a money judgment pending appeal: an overview.
-
Is the collateral source rule applicable to Medicare and Medicaid write-offs? Defense practitioners must be alert to the effort to collect "phantom" damages through claims for the amounts written off by providers.
-
Crumb rubber turf wars: the synthetic turf fields investigation.
-
Alternative approaches to alternative design: understanding the reasonable alternative design requirement and its different applications.
-
Lost punitive damages as compensatory loss.
-
Finding fault with Ault - why the exclusion of subsequent design change evidence in product liability cases makes sense, even in California.
-
Reviewing the law reviews.
-
Tort of public nuisance in public entity litigation: return to the jungle? In the wake of the tobacco settlement, public entities have seized on this neither warranted nor appropriate action to avoid product liability law.
-
The PREP Act: Defending Product Liability and Professional Liability Litigation Involving COVID-19 Countermeasures.(Public Readiness and Emergency Preparedness Act of 2005)
-
Current Decisions.
-
IADC tenets of professionalism.
-
The uninjured plaintiff: new frontiers of liability: defense counsel must prepare for tort claims based on theories that are not part of the traditional history and requirements of tort law.
-
New U.S. tort litigation: to go warily where no one has gone before.
-
Bad science beats good in bad carpet case.
-
There's a new sheriff in town: European Commission investigations prompt U.S. antitrust class action.
-
Calendar of meetings.
-
Calendar of legal organization meetings.
-
IADC meetings.
-
HIPAA Security Rule compliance reviews on the horizon.
-
IADC tenets of professionalism.
-
You Can't Unring the Bell: No Duty in Negligence to Remove a Defamatory Statement published by Mass Media.
-
The next generation: upgrading proportionality for a new paradigm.
-
Stigma damages: property damage and the fear of risk.
-
Announcing the 2004 International Association of Defense Counsel Legal Writing Contest.
-
Editor's Page.
-
Avoiding "bad faith" in settlement: what are the developments?
-
Employers' liability for asbestos diseases: House of Lords takes a turn in English law: recent House of Lords decision may indicate a return to the lower "material contribution" causation test and a general lowering of the burden of proof.
-
Differing site conditions: liability precautions for design professionals.
-
Turning lead into asbestos and tobacco: litigation alchemy gone wrong: so far, defendants have enjoyed remarkable success in handling litigation from a variety of plaintiffs alleging variety of harms from lead paint.
-
A "principled" approach to coverage? The American Law Institute and its Principles of the Law of Liability Insurance.
-
An ounce of prevention: electronic discovery preparedness for pharmaceutical and biotechnology companies.
-
Conning the IADC newsletters.
-
Editor's page.
-
Calendar of legal organization meetings.
-
Reference Manual on Scientific Evidence, 3d ed.
-
How to defend punitive damages claims effectively--and maybe successfully.
-
Toxicogenomics: new chapter in causation and exposure in toxic tort litigation: this new science has the potential to identify biological clues to disease, and both plaintiffs and defendants will strive to use it to their advantages.
-
Thinking locally, suing globally: the international frontiers of mass tort litigation in Australia.
-
The Era of the Internet of Things: Can Product Liability Laws Keep Up?
-
Class action reform: the Law Commission of Ontario review of the Class Proceedings Act.
-
Planning for and implementing a product recall.
-
Health and life insurance applications: their role in the claims review process.
-
Editor's.
-
Expert medical testimony: is there an answer to "not only relevant, but reliable"?
-
Endocrine disrupters: the potential cloud of manufacturer toxic tort liability.
-
11th Amendment, Abstention Nip Lawyer's Federal Suit.
-
The uncertainty surrounding "design" in design defect cases.
-
IADC pride: the trial academy.
-
Admissibility and reliability of expert scientific testimony after Daubert.
-
A contrarian's checklist to arbitration clauses.
-
An overview of the legal standard regarding product liability design defect claims and a fifty state survey on the applicable law in each jurisdiction.
-
The U.S. Supreme Court: no federal preemption of failure to warn tort actions against pharmaceutical manufacturers.
-
IADC tenets of professionalism.
-
Multiple chemical sensibility in the courtroom: is there life after Daubert?
-
Law review highlights: electronic discovery.
-
Obtaining evidence in Australia for use in the United States and other Hague Convention countries.
-
Reform of product liability in the EU: new report finds general satisfaction: the study, conducted by the law firm Lovells for the European Commission, consists of expert studies, survey of participants, and results.
-
Whither medical monitoring claims? Last few years give reasons for optimism: courts are critically examining whether these claims can be independent actions or remedies and whether they are suitable for class action status.
-
President's Page.
-
Ghostbusting prejudicial evidence: no haunting the manufacturer.
-
Enforcing U.S. and other foreign judgments in Australia - what are the rules?
-
Commensurability: understanding jury research and juror information processing.
-
Dirty laundry.
-
High anxiety: does the Wisconsin Supreme Court's opinion in Johnson Controls create a new "drop down" exposure for excess insurers?
-
International Association of Defense Counsel Tenets of Professionalism.
-
Legal malpractice statutes of limitation: overview and Pennsylvania case study.
-
IADC tenets of professionalism.
-
Navigating Sanctions and the Legal Risks of Armed Conflict.
-
Enforcement and recognition of foreign judgments and arbitral awards in Mexico.
-
What every pharmaceutical and medical device company should know: False Claims Act cases based on off-label promotion promise to increase with the healthcare act and the bad ad program.
-
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. .
-
Editor's Page.
-
What's happening in....
-
Abuse of power: disregarding traditional legal principles to invalidate tort reform.
-
The Rejected: Sketches of the 16 Men Nominated for the Supreme Court but Not Confirmed by the Senate.
-
Editor's Page - Volume 90, Number 1.
-
3D Printing: Product Liability, Professional Liability and Other Tort Aspects of the Burgeoning Industry.
-
The Historical Roots of Mediation in Mexico.
-
Discoverability of document management systems: pitfalls and how to avoid them.
-
Enforcing limitation of liability provisions in owner architect engineer contracts.
-
IADC Amicus Briefs - Volume 87, Number 3.
-
Effective strategies for closing the door on junk science experts.
-
The Consumer Product Safety Improvement Act, its implementation and its liability implications.
-
IADC tenets of professionalism.
-
Texas psychiatrist dodges Tarasoff bullet.
-
Think IADC first.
-
Ethics and electronic discovery: new medium, same problems.
-
The case for a preservation safe harbor in requests for e-discovery: despite the courts' increased attention to dragnet requests for production of electronic materials, the scope of preservation should be addressed.
