Defense Counsel Journal articles from April 2005

Defense Counsel Journal archives from April 2005

The IADC congratulates its professional staff.(International Association of Defense Counsel)(President's Page)
April 1, 2005... As with all professional organizations, the IADC relies heavily on its volunteers, those members who donate their time and talents to make the IADC a more meaningful member-oriented group. These include Board members, committee chairs and...

Of beginnings and endings.(a managing editor experiences)
April 1, 2005... Janus was the Roman god of beginnings, of doorways, of entrances and exits. It is only fitting that his name, anglicized, to be sure has become our modern month of January. He is depicted as two faces, one gazing each way, a physiological...

Key issues in the inadvertent release and receipt of confidential information: how to protect yourself and your client from embarrassing exposure.
April 1, 2005... They are every lawyer's nightmare--the letter to the client detailing litigation strategy inadvertently delivered to the adversary among other documents produced in discovery, the letter faxed to another party in the case instead of being faxed...

One step beyond Meadowbrook: can an insurer direct defense counsel to dismiss covered claims? An examination of insurance defense attorneys' roles and ethical duties.
April 1, 2005... A COMPLAINT may contain some allegations, which are covered under the terms of the defendant's insurance policy and others that are not. In most jurisdictions, the insurer will have the duty to defend its insured against all the claims, not...

The vanishing doctrine of implied indemnity in maritime actions: maritime law has evolved to shape the needs of a changing society, and the Supreme Court has made serious inroads in simplifying the law.
April 1, 2005... LESS than sixty years ago, when the maritime industry was a strong economic force in America, the Supreme Court recognized the doctrines of implied contractual and tort indemnity in an attempt to achieve just results in an area of the law where...

What's age got to do with it? Recent developments in employment law in the United States Supreme Court.
April 1, 2005... Introduction OVER the last year and a half, we have witnessed the United States Supreme Court significantly reshape the landscape of labor and employment law. From a seminal decision regarding the application of the Age Discrimination in...

Understanding the boundaries of the HIPAA preemption analysis: who is regulated by the privacy rule and what information does HIPAA protect?(Health Insurance Portability and Accountability Act of 1996)
April 1, 2005... I. Introduction THE Department of Health and Human Services (DHHS) published the final Privacy Rule under the Health Insurance Portability and Accountability Act (HIPAA) on August 14, 2002. (1) The compliance date for covered entities...

Perils of third party practice in construction litigation: avoiding substantive and procedural pitfalls to preserve and assert your rights.
April 1, 2005... THIS article highlights some of the substantive and procedural issues and pitfalls that may arise in construction litigation where an owner seeks to recover economic losses and/or other damages from some (but not all) of the entities that were...

Annual survey of fidelity and surety law - 2005: this compilation of recent cases covers public and private construction bonds, financial institution bonds, and sureties' remedies.(part 1)
April 1, 2005... I. PUBLIC CONSTRUCTION BONDS A. State and Local Bonds--Procedural Subcontractor failed to comply with surety's default notice provisions of surety bond under Massachusetts law, discharging surety from liability. IN Seaboard Surety...

Reviewing the law reviews.(Bibliography)
April 1, 2005... This is a selective bibliography of current law review literature. Highlights of the Articles Gun manufacturer liability has become an increasingly contentious issue in recent years. Legislatures and courts have weighed in, sometimes...