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Defense Counsel Journal

Taking the 'product' out of product liability: litigation risks and business implications of innovator and co-promoter liability.
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.
Reviewing the law reviews.
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.
Restatement Third, Torts: Products Liability; what hath the ALI wrought?
The future of greenhouse gas emission regulations: Massachusetts v. Environmental Protection Agency.
International class actions in the Canadian context: standing, funding, enforceability and trial.
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"?
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.
Combatting fear of future injury and medical monitoring claims.
Public benefit vs. profitability.
Cigarettes and Coffee: Do Newly-Discovered Sources of Diacetyl Spell the End of Popcorn Lung Litigation or the Beginning of a New Phase?
Understanding whiplash and TMD.
Emerging Artificial Intelligence Risk Management Considerations for Law Firms.
Rx for the times.
Reflections on the recent year and plans for the future.
Alternative approaches to alternative design: understanding the reasonable alternative design requirement and its different applications.
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.
Disqualifying arbitrators for failure to make complete disclosures after Scandinavian Re v. St. Paul Re: what is "evident partiality"?
Underlying exposures in mold claims: what are the damages? With mold litigation proliferating as the claimed "asbestos" of the new century, it's time to examine the potential damages and their viability.
Calendar of legal organization meetings.
Lead in the water: the Flint water crisis.
IADC tenets of professionalism.
Gramm-Leach-Bliley Act riles U.S. lawyers.
The learned intermediary doctrine and beyond: exploring direct-to-consumer drug advertising liability in the new millennium.
IADC tenets of professionalism.
Ten rules for great jury selection: with some lessons from Texas case law.
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.
Let's talk: critical aspects of the anti-contact rule for lawyers.
Calendar of meetings.
A New Focus for Defense Voir Dire: Safetyism.
Using Independent Taint Teams to Better Protect Attorney-Client Privilege.
Brussels and Lugano Conventions: what they are, what they do.
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.
Bad faith claims: the role of the expert.
IADC tenets of professionalism.
The any exposure theory round III: an update on the state of the case law 2012-2016.
What You Should Know about Direct-to-Consumer Advertising of Prescription Drugs.
The Consumer Product Safety Improvement Act, its implementation and its liability implications.
The A312 Performance Bond is Not a Blank Check.
Medical staff credentialing: taking steps to avoid liability.
President's page.
"You are commanded to appear...." (attorneys being subpoenaed).
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.
California dreamin'? Generic drug users can sue brand name drug manufacturers.
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.
President's Page.
The new paradigms of e-discovery and cost-shifting: determining who pays for electronic discovery.
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.
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.
From the horse's mouth: the workings of the judicial panel on multidistrict litigation .
Reciprocal indemnification agreements in the oil industry: the good, the bad and the ugly.
$25 million class settlement thrown out.
Protecting the corporate counsel communications shield: the attorney-client privilege is alive and well for company lawyers.
Reviewing the law reviews.
The English revolution: "follow the fortunes" after Lexington v. AGF and Wasa.
Calendar of meetings.
Law Firm Nightmare: Clients Using Lawyer Services for Ponzi Schemes.
Supreme Court Strikes Another Blow to Litigation Tourism in Bristol-Myers Squibb.
The Supreme Court of California rules on Santa Clara contingency fee issue - backpedals on Clancy.
Planning for and implementing a product recall.
Defense news.
Defending property owners in toxic and hazardous substances-related premises liability litigation.
Calendar of meetings.
An overview of Lone Pine orders in toxic tort litigation: by requiring plaintiffs to produce early in discovery the specifics of their claims, judicial resources are preserved and contentions sharpened.
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.
Theft of pharmaceuticals in Brazil governed by American law.
A real class act: the Class Action Fairness Act of 2005's amount in controversy requirement, removal, and the preponderance of the evidence standard.
President's Page.
Calendar of legal organization meetings.
IADC tenets of professionalism.
The collateral source rule and medical expenses: anticipated effects of the Affordable Care Act and recent state case law on damages in personal injury lawsuits.
The 2015 amendments to the Federal Rules of Civil Procedure: guide to proportionality in discovery and implementing a safe harbor for preservation.
Looking backward to move forward with your defense: using history to overcome jurors' misunderstandings about science.
Pharmaceutical manufacturer's duty to warn of adverse drug interactions.
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.
Settlement issues.
Qui tam revisited: potential expansion of the False Claims Act.
Editor's Page - Volume 89, Number 3.
Important employment cases in U.S. Supreme Court.
President's Page--Volume 88, Number 3.
The Historical Roots of Mediation in Mexico.
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.
The MTBE controversy: defending mass tort claims: the forces of the plaintiffs' bar, commercial competitors, and "junk science" must be met "head on" with coordinated efforts.
Reviewing the law reviews.
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.
Construction industry AIEs: problems of contract interpretation and solutions.
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?
Warning: Additional Warnings May Be Required.
Collateral estoppel in attorney disciplinary proceedings: a Hobson's choice.
Is there an expert in the house? Expert evidence in insurance coverage cases.
IADC tenets of professionalism.
Power of federal courts in multi-district litigations.
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.
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.
How to defend punitive damages claims effectively--and maybe successfully.
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.
International Association of Defense Counsel 73d annual meeting.
"A jury of our peers": is that right? The IADC A Jury of Our Peers Committee reports on projects around the United States to improve the workings of the civil jury system.
Defense counsel journal board and committee vice chairs.
The extraterritorial defense: a border to RICO claims arising from international transactions.
Guide to defeating the heeding presumption in failure-to-warn cases: Defense counsel must oppose the distortion of Comment j's language into a presumption that users would read and heed instructions.
What's happening in the law: surveying the new developments.
Confronting the meta-problems of democracy.
Editor's page.
IADC tenets of professionalism.
IADC tenets of professionalism.
IADC Committee Newsletters--Volume 88, Number 3.
The 2015 civil rules package as transmitted to Congress.
U.S. gears up September 11 Victim Compensation Fund.
When insurers go belly up: implications for insurers, policyholders and guaranty funds: it's not only the insured who suffers when there is an insurer insolvency; the ripples may cause damage to several other parties as well.
Money and judicial elections.
Finding fault with Ault - why the exclusion of subsequent design change evidence in product liability cases makes sense, even in California.
The PREP Act: Defending Product Liability and Professional Liability Litigation Involving COVID-19 Countermeasures.
Skate keys and the lone ranger.
The U.S. Supreme Court and punitive damages: on the road to reform: after years of developing its jurisprudence, the Supreme Court in State Farm signals that the days of runaway, irrational punitive damages may be ending.
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.
There's a new sheriff in town: European Commission investigations prompt U.S. antitrust class action.
Calendar of meetings.
New U.S. tort litigation: to go warily where no one has gone before.
IADC tenets of professionalism.
International arbitration in bankruptcy proceedings: uncertainty in the enforcement of arbitration agreements.
Winning summary judgment in employment ADA cases: what have plaintiffs done for you lately? How to defend employers against claims brought under the ADA.
Manning the Daubert gate: a defense primer in response to Milward v. Acuity Specialty Products.
Liability of professionals to non-clients: an expanding and tangling web.
How times have changed: a systematic approach to billing.
Losing the war on attorney-client privilege: viewing the selective waiver quagmire through the Tenth Circuit's In Re Qwest Communications International.
Prejudgment interest in construction defect litigation - Florida's loss theory on liquidated damages post-Bosem and why every construction lawyer should be familiar with it.
Calendar of meetings.
Torts, Courts and Attorneys General: Tort Litigation by States.
Insurer's duty to defend gets some definition and refinement.
Calendar of legal organization meetings.
IADC meetings.
HIPAA Security Rule compliance reviews on the horizon.
IADC tenets of professionalism.
The missing link: connecting key evidence to the jurors.
Law firm management under the new rules.
IADC pride: the trial academy.
Admissibility and reliability of expert scientific testimony after Daubert.
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.
The twain of ethics and professionalism.
Loss shifting: upstream common law indemnity in products liability.
The responsible corporate officer doctrine and the decision in Friedman v. Sebelius: a cautionary note for corporate general counsel in the pharmaceutical industry.
Calendar of legal organization meetings.
Jupiter Medical Center, Inc., Petitioner, v. Visiting Nurse Association of Florida, Inc., Respondent.
Statistical evidence: how to help jurors understand and use it properly.
Canada's new consumer product legislation: a shield or a sword?
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.
The scope and use of the attorney-client privilege in the U.S. and its applicability to communications at home and abroad.
First Amendment protects Yahoo from French court.
Product Line Liability Just Doesn't Fly.
The state of the IADC: very alive, very well and continuing to move ahead.
Dirty laundry.
Taking a "Hard Look" at Expert Witness Testimony Under Rule 702.
Save the date.
A legal guessing game: does U.S. common law require manufacturers and suppliers of consumer products to warn in languages other than English?
Editor's page.
Key issues in the inadvertent release and receipt of confidential information: how to protect yourself and your client from embarrassing exposure.
The Internet: how to protect yourself from the perils of cyberspace.

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