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Defense Counsel Journal articles from January 2000
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 January 2000
President's Page.
January 1, 2000... Working for Balance
ATTAINING balance and fairness in the civil justice systems of the nations in which it has members is a primary goal of the International Association of Defense Counsel. In no country is that more important than the...
Tobacco cases may be only the tip of the iceberg for assaults on privilege.
January 1, 2000... Radical incursions on privilege law approved in the Minnesota tobacco litigation may be used against other companies and counsel to deny traditional protections
IF YOU follow what plaintiffs' counsel have been saying in the popular press...
E-mail monitoring in the workplace: the good, the bad and the ugly.
January 1, 2000... In this fledgling field of law, the safest course for employers is to have a clear written policy that is made known to employees and uniformly enforced
"Gentlemen don't read each others mail." Henry L. Stimson, explaining (some say...
The new world of the World Wide Web: Internet liability issues.
January 1, 2000... The Internet has created new means of communication and information distribution. Will the old law keep up with the new technology ?
IN THE brave new world of the Internet, the liability and litigation issues fall under these categories:...
All journal articles are not created equal: guidelines for evaluating medical literature.
January 1, 2000... Discovering junk science, "honorary" authors, and just plain ghosts may be difficult, but defense counsel can learn to do so with the right questions
DEFENSE counsel are concerned with the periodical medical and health science literature,...
Holocaust-related claims and limitations: familiar issues in a new context.(New York)
January 1, 2000... New York's statute of limitations will play a central role in cases seeking recovery of dormant bank accounts and life insurance proceeds
HOW will the New York statute of limitations apply to lawsuits by brought by Holocaust survivors and...
Application of salvage law and the law of finds to sunken shipwreck discoveries.
January 1, 2000... Modern technology has made the location and retrieval of shipwrecks possible, but with the rise of statist attitudes in the United Nations, that may change
IN THE 1977 motion picture, The Deep, a young couple, while scuba diving in the...
Bragdon v. Abbott: expanding the reach of the Americans with Disabilities Act.
January 1, 2000... By failing to limit its holding that infertility is a disability covered by the ADA, the Supreme Court has continued the old uncertainties
SINCE War World II, the U.S. Congress has recognized, via limited and sporadic enactments, the need...
Annual survey of fidelity and surety law, 1999.(part 1)
January 1, 2000... This roundup of recent cases covers public and private construction bonds, fidelity and financial institution bonds, and sureties' remedies
Edited by Charles W. Linder Jr.
I. PUBLIC CONSTRUCTION BONDS
A. Bonds under Federal Laws...
Ipse dixits fail to pass expert testimony muster.
January 1, 2000... Ipse Dixits Fail to Pass Expert Testimony Muster
In a product liability action in federal court, where Daubert standards apply, a plaintiff's expert's opinion evidence grounded on the expert's ipse dixit or bare assertion does not cut the...
Renegade lawyers tripped up by Chrysler.(survey of cases concerning lawyers)
January 1, 2000... Renegade Lawyers Tripped Up by Chrysler
Lie to the court about activities and documents, and lawyers are going to get whacked. So says the Eighth Circuit in Chrysler Corp. v. Carey, 186 F.3d 1016 (1999), which affirmed striking pleadings...
Forensic economist expert liable for malpractice.(Pennsylvania)
January 1, 2000... Forensic Economist Expert Liable for Malpractice
Forensic economists who make a mathematical mistake can be liable for professional malpractice, the Pennsylvania Supreme Court held in a split decision in LLMD of Michigan Inc. v....
New Yorkers' novel theory fails to impress.(tobacco-related injuries class actions)
January 1, 2000... New Yorkers' Novel Theory Fails to Impress
Five class actions against cigarette manufacturers, each of which could have contained one million persons, were knocked out of the box by New York courts. The New York Appellate Division...
Texas psychiatrist dodges Tarasoff bullet.(includes survey of tort cases)
January 1, 2000... Texas Psychiatrist Dodges Tarasoff Bullet
Statutes requiring confidentiality of patients' Communications with mental health professionals trump any duty a psychiatrist has to warn appropriate third parties when a patient makes specific...
Conning the IADC Newsletters.
January 1, 2000... Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this department highlights interesting topics covered in recent newsletters...
Reviewing the Law Reviews.
January 1, 2000... This is a selective bibliography of current law review literature of interest to defense counsel. Main articles are identified by naming the author or authors. The designations "Note," "Comment," "Case Note," etc. are as listed in the...