Defense Counsel Journal articles from January 1998

Defense Counsel Journal archives from January 1998

Why neither side has won yet: recent trends in advertising injury coverage.
January 1, 1998... Insureds have won trademark cases, but in other intellectual property cases, the results have been less clear cut BY NOW, the phrase "information superhighway" has become a cliche. Yet, no one can dispute that we live in an age of high...

Understanding epidemiology and its use in drug and medical device litigation.
January 1, 1998... Defense counsel must be prepared to combat expert testimony that is inconsistent with the sound use of epidemiological data OVER the last 20 years, there has been an explosion in toxic tort industry-wide litigation. Drugs and medical devices...

The year 2000 problem: a defense perspective.
January 1, 1998... You and your clients have heard about the dire things that will happen on January 1, 2000, but are they doing anything about it DIGITAL technology permeates all sectors of business and industry, and, according to the politicians, the...

Insured's reimbursement of insurer's defense expenses: some practical steps.
January 1, 1998... If there is a judicial determination of noncoverage, insurers stand to get reimbursement, but there are pitfalls to be avoided COURTS are allowing liability carriers to recover their defense expenses from their own insureds in certain cases....

Construction industry AIEs: problems of contract interpretation and solutions.
January 1, 1998... There's been a dramatic explosion in additional insured litigation, suggesting that there should be a better risk allocation THIS article discusses recurring problems arising in construction industry declaratory litigation seeking judicial...

"Concealed carry" legislation and workplace violence: a nightmare in employers' liability?
January 1, 1998... Suits claiming negligent hiring and retention are burgeoning, and the threat is increased when employees can carry guns MOST EVERYONE has heard the news reports of the vindictive former employee who returns to work and kills the boss and a...

General Aviation Revitalization Act: its effect on manufacturers.
January 1, 1998... The general aviation industry is rebounding as a result of GARA, but will the legislation also have unintended consequences? THE AGE of flight began in America with the Wright brothers. It continued through the 20th century with American...

Spiraling out of control: ramifications of reading RICO broadly.
January 1, 1998... Both the statute's broad terms and the tendency by courts to give those terms a broad reading have unloosed a cannon WHEN Congress enacted Title IX of the Organized Crime Control Act of 1970, better known as the Racketeer Influenced and Corrupt...

Annual survey of fidelity and surety law, 1997. (part 1)
January 1, 1998... This roundup of recent cases covers public and private construction bonds, fidelity and financial institution bonds, and sureties' remedies I. PUBLIC CONSTRUCTION BONDS A. Bonds under Federal Laws 1. Substantive ...