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Defense Counsel Journal articles from April 1997
This publication provides topical and scholarly writings on the law, including its development and reform and the practice of law in the civil defense and insurance fields.
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Defense Counsel Journal archives from April 1997
Back to the future? Product liability class actions and proposed Rule 23 changes. (Federal Rules of Civil Procedure)
April 1, 1997... After 30 years, class action jurisprudence is in ferment, and proposed changes in Rule 23 will add to the mix
The current version of Rule 23 of the Federal Rules of Civil Procedure is almost 31 years old. As perhaps with all children, the...
An imminent, unidentifiable victim: does HIV require a duty to warn? (California)
April 1, 1997... In 1995 in Reisner v. Regents of the University of California, a California Court of Appeal allowed a non-patient plaintiff to pursue a claim against a doctor for medical malpractice.(1)
Daniel Reisner's version of the story starts when...
Bad faith claims: the role of the expert.
April 1, 1997... Expert witness are everywhere these days, and not the least in bad faith cases, where they're valuable for both sides
Expert witnesses often surface in both insurance coverage and bad faith litigation. Depending on the nature of the issues...
Anesthesia practice: avoiding legal liability.
April 1, 1997... Like other medical procedures, anesthesia offers liability pitfalls, but adherence to standards makes the defense easier
The practice of anesthesia continues to be fraught with relentless allegations of medical negligence and...
Legal issues in electronic commerce in the insurance and reinsurance industry.
April 1, 1997... Electronic commerce may become the dominant method of doing business, so insurers need to take steps to minimize the risks
The insurance and reinsurance industry is in the vanguard of efforts by the business community to embrace the...
Riding the choppy waters of East River: economic loss doctrine ten years later.
April 1, 1997... It's an effective tool for defense counsel faced with tort counts in a commercial dispute, but it's also somewhat iffy
Since the U.S. Supreme Court's adoption of the economic loss doctrine in 1986 in East River Steamship Corp. v. Transamerica...
Redefining public policy in international arbitration of mandatory national laws.
April 1, 1997... The health of international trade depends on a viable arbitration system that respects the parties' intentions and national laws
With the increase in international trade, arbitration has become the preferred method of dispute resolution by...
Potential discovery abuses in insurance coverage litigation.
April 1, 1997... Hardball tactics, such as taking attorneys' depositions and seeking settlement disclosures, can create bad law for both insurers and their insureds
In insurance coverage litigation, there is a growing tendency to notice the depositions of...
"You are commanded to appear...." (attorneys being subpoenaed)
April 1, 1997... "Every lawyer dislikes to take the witness
stand and will do so only for grave reasons.
This is partly because it is not his role; he is
almost invariably a poor witness. But he
steps out of professional character to do...
International Personal Injury Compensation Sourcebook and Yearbook: 1996.
April 1, 1997... Reviewed by IADC member Christopher J.S. Hodges, McKenna & Co., Solicitors, London.
This book sets out to compare answers to the question "What compensation can be obtained for personal injuries?" in 20 countries: Australia, Austria,...