Defense Counsel Journal articles from April 1994

Defense Counsel Journal archives from April 1994

What are the new rules? (It's a Whole New Ball Game: Playing by the New Civil Rules)
April 1, 1994... The amendments to the Federal Rules of Civil Procedure that became effective December 1, 1993, work the most dramatic changes in federal litigation since the inception of the civil rules in 1938. During the development and evaluation of the...

Corporate counsel's guide to the new rules. (It's a Whole New Ball Game: Playing by the New Civil Rules)
April 1, 1994... The new Federal Rules of Civil Procedure are in effect, yet nearly 50 of the 94 federal district courts have either explicitly opted out of the disclosure provisions of new Rule 26(a)(1) or have adopted a local rule that differs from it, while...

Law firm management under the new rules. (It's a Whole New Ball Game: Playing by the New Civil Rules)
April 1, 1994... SINCE August 1991, when the extensive revisions of the Federal Rules of Civil Procedure were first aired for public consideration, the bench and bar have focused on their effects on the judicial process and the rights and obligations of...

Renewed look at the duty to warn and affirmative defenses.
April 1, 1994... Duty to warn allegations are easy to make, and the cases are proliferating, making it time to sharpen up on the affirmative defenses THE DUTY to warn is the most widely employed claim or theory in products liability litigation today.(1)...

Confronting reinsurers' rescission claims: some suggestions for cedents.
April 1, 1994... In recent years, cedents attempting to enforce reinsurance contracts have encountered rescission claims based on allegations of misrepresentation or non-disclosure(1) - claims that can raise the stakes of litigation or arbitration considerably....

Limitation of action considerations in respect of U.K. insurers.
April 1, 1994... The London insurance market, both corporate and Lloyd's of London, has an extensive participation as reinsurer of primary business underwritten throughout the world. The question of the choice of security to stand behind the primary...

Expanding the family: testing the limits of tort liability.
April 1, 1994... This is a message to all tort litigation defense counsel. Beware - new plaintiffs are on the horizon! Although courts traditionally have defined the "family" in terms of blood, marriage or adoptive relationships, a new definition is...

Evidentiary issues in coverage and first-party bad faith cases.
April 1, 1994... Keeping alert to plaintiffs' strategy and tactics in presenting evidence is essential if defense counsel hope to reach a favorable resolution Questions of the admissibility of evidence in actions against insurers involving coverage and bad...

Enforcing arbitration agreements between employers and employees.
April 1, 1994... The Supreme Court and lower federal courts are moving toward enforcement of employer-employee arbitration clauses, but some doubts remain Arbitration offers employers a method of resolving disputes with employees that has a number of...

Is the turnover duty real, or just unseaworthiness in disguise?
April 1, 1994... THE JOB of the longshoreman - loading and unloading cargo-carrying vessels - always has been hazardous. In fact, longshoremen traditionally have been four times more susceptible to injury than the average manufacturing worker. Recognizing these...

Challenges to EPA's listing of hazardous waste sites.
April 1, 1994... UNDER the Comprehensive Environmental Response, Compensation and Liability Act of 1980, known as CERCLA, the Environmental Protection Agency is engaged in a continuous effort to address the growing problem of inactive hazardous waste sites...

Understanding temporomandibular disorders.
April 1, 1994... TEMPOROMANDIBULAR disorder (TMD) manifests itself in a variety of symptoms and clinical presentations. The basis of these illnesses is a spectrum of physical disorders capable of causing an abnormality or imbalance in the delicate working...