Defense Counsel Journal articles from April 2004

Defense Counsel Journal archives from April 2004

The state of the IADC.(International Association of Defense Counsel's impact on the civil justice system)(President's Page)
April 1, 2004... IAM pleased to report that the International Association of Defense Counsel is sound, both fiscally and operationally. As part of the new strategic plan, the IADC is focused and active. Judicial Rules and Legislative Activities The...

"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.(International Association of Defense Counsel)
April 1, 2004... I do not know whether the jury is useful to those who have lawsuits, but I am certain it is highly beneficial to those who judge them; and I look upon it as one of the most efficacious means for the education of the ...

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.
April 1, 2004... IN 1999, some prominent members of the mass tort plaintiffs' bar, fresh off conquests of the tobacco and asbestos industries and with war chests in the hundreds of millions of dollars, set their sights on a new target--the former manufacturers...

Understanding advertising injury insurance: application to protect against business torts: this coverage is invaluable for businesses, but policy forms change and courts render varied rulings, making it necessary for counsel to be alert.
April 1, 2004... MOST businesses in the United States buy commercial general liability (CGL) insurance. From 1985 through at least 1998, the most commonly used forms for this insurance included coverage for "advertising injury" offenses committed in the course...

Mold claims under first-party policies: it's a burgeoning field of litigation; coverage language, mold exclusion, pollution exclusion, and the ensuing loss doctrine must be studied and analyzed by defense counsel.
April 1, 2004... ALTHOUGH mold may not be the "next asbestos," litigation arising from claims for coverage of mold-related damage under first-party insurance policies has resulted in a number of significant verdicts. In January 2001, a federal court jury...

Protecting and enforcing protective orders: easier said than done: with challenges, even from third parties, increasing, counsel must carefully consider how these orders are drafted and entered.
April 1, 2004... THE harsh truth is that the era of broad, agreed-upon protective orders covering virtually every document is gone. Even the entry of a narrowly drawn protective order to cover trade secrets and other confidential information does not guarantee...

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.
April 1, 2004... MORE than half of all jury awards in medical liability cases now exceed $1 million; the average damage award is $3.5 million. (1) These numbers are shocking, and they exhibit perfectly the medical liability crisis now gripping the United...

Annual survey of fidelity and surety law - 2003, Part I: this roundup of recent cases covers public and private construction bonds, financial institution bonds and sureties' remedies.
April 1, 2004... I. PUBLIC CONSTRUCTION BONDS A. Bonds under Federal Laws Arbitration award on Miller Act claim against general contractor not subject to entry of judgment against surety, since award essentially was default judgment and surety had no...

Law, science and uncertainty litigation issues.
April 1, 2004... Writing in the October issue of the newsletter of the Toxic and Hazardous Substances Litigation Committee, Alison McAdams and Fiona Gill, litigation partners in Davies Arnold Cooper, London, discuss complex products: Success in product...

Dr. Phil, where are you? We want discovery.(Phil McGraw)
April 1, 2004... Writing in the December issue of the newsletter of the Advocacy, Practice and Procedure Committee. Jim Simpson and Jamie Huffman Jones of Eldredge & Clark, Little Rock, look at the interplay between the work product doctrine and expert...

Double trouble for Doublemint.(definition of 'descriptive' under European Union trademark law)
April 1, 2004... Writing in the November issue of the newsletter of the Multinational Litigation Committee, Christopher Scott D'Angelo and Tricia J. Sadd of Montgomery, McCracken, Walker & Rhoads, Philadelphia, tell about the EC's definition of "descriptive":...

HIPPA and interviews: pre-emption or red herring?(Health Insurance Portability and Accountability Act of 1996)
April 1, 2004... Writing in the December newsletter of the Drug, Device and Biotech Committee, Bruce R. Parker and D.S. Gray of Venable, Baetjer & Howard, Baltimore, look at HIPPA's effect on ex parte interviews with plaintiffs' treating physicians: ...