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The citadel reburied Restatement of the Law Third Torts: Products Liability.
April 1, 1996... IN MAY 1995, the American Law Institute adopted Sections 1 through 8 and Section 11 of Tentative Draft No. 2 of the Restatement of the Law Third Torts: Products Liability, subject, according to ALI President Charles Alan Wright, "to editorial...
When principles clash: the in-house counsel as renegade or whistleblower.
April 1, 1996... An in-house attorney employed by a petro-chemical company is fired. In response, he sues the employer, contending that he was fired for insisting that the employer comply with various federal and state environmental laws. He asks the court to...
How to avoid, control or limit depositions of top executives.
April 1, 1996... A TOP executive receives a properly noticed deposition in an important case for the company. The executive is committed to many meetings on the day the deposition is scheduled and is displeased with the prospect of having a tight schedule...
Updating reinsurance law developments: the gloves are beginning to come off.
April 1, 1996... ALTHOUGH reinsurance has existed for centuries, the body of reinsurance law is immature because until fairly recently virtually all disputes between ceding companies and their reinsurers were resolved amicably by business people within the...
Reinsurance arbitrations from start to finish: a practitioners' guide.
April 1, 1996... MANY REINSURANCE agreements contain arbitration clauses, and often they provide that any disputes relating to the agreement will be resolved by disinterested insurance or reinsurance executives who are to interpret the reinsurance agreement as an...
How to prevent sexual harassment claims in your own backyard.
April 1, 1996... OVER THE last several years, the reality, pervasiveness and consequences of sexual harassment in the workplace have become all too apparent and a concern for employers, including law firms. Increasingly aware of what constitutes impermissible...
Insurer's duty to defend gets some definition and refinement. (California)
April 1, 1996... Two important decisions on different aspects of an insurer's duty of defense have been handed down recently by the California Supreme Court. They touch on important areas of this field of law and are likely to be influential in other courts and...
Avoiding "bad faith" in settlement: what are the developments?
April 1, 1996... By itself, "bad faith" is a term without meaning. It must be put in context, otherwise it often receives only the meaning each person gives it. In order to be able to advise clients and argue before courts and regulatory agencies, lawyers...
Physicians as experts against their own patients? What happened to the privilege? (Washington)
April 1, 1996... Two cases decided by the Washington Supreme Court in 1994 - Carson v. Fine(1) and Christensen v. Munsen(2) - have diminished the physician-patient privilege in that state to meaninglessness and may have a profoundly negative effective on the...
Med-arb: mediation with a bite and an effective ADR model. (alternative dispute resolution)
April 1, 1996... SOARING litigation costs, lengthy delays an the psychological toll on the participants are but a few characteristics of the trial process that make alternative dispute resolution such a desirable option.[1] With the increasing demand for value...
"Take care of each other." (relationship between attorneys)
April 1, 1996... Watching the Super Bowl last January reminded one of the sad state of affairs in that part of the law practice most in the public eye - litigation. As the pre-game shows ended and just before play began, the players were visible in the...
Litigation and Prevention of Insurer Bad Faith, 2d. ed.
April 1, 1996... Dennis Wall's second edition of Litigation and Prevention of Insurer Bad Faith is a must for an insurance litigator's library. In this revised version of the first edition, which was published in 1982 and since supplemented, the author, who is a...