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Defense Counsel Journal articles from January 2006
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 2006
Why we join.(International Association of Defense Counsel membership)
January 1, 2006... Happy New Year, or as one would say in Italy, Felice Anno Nuovo. As with any new year, this one generates new resolutions. As we resolve to be better in 2006 than we were in 2005, we first tend to reflect on the past: choices, decisions, and...
The learned intermediary doctrine after FDA's drug watch and PhRMA's clinical study results database: shifting the focus of failure-to-warn claims.(Pharmaceutical Researchers and Manufacturers Association)
January 1, 2006... THE learned intermediary doctrine is the cornerstone of almost every pharmaceutical and medical device products liability claim. Recognizing that information about a drug's risks can be conveyed outside a package insert provides fertile ground...
The consumer expectation test: a concept in search of meaning: is the test conceptually coherent?
January 1, 2006... Twenty men crossing a bridge Into a village
Are twenty men crossing twenty bridges, Into twenty villages, Or one man
Crossing a single bridge into a village
This is old song That will not declare itself....
--Wallace Stevens,...
Class actions in Canada: 2005 state of the union: growing, expanding, and developing.
January 1, 2006... CLASS proceedings in Canada are a relatively recent development, with exponential growth in the number of cases being brought over the past five years. Quebec was the pioneer, introducing class action legislation in 1978, with Ontario and...
Analyzing inconsistent verdicts in products liability cases: how the law promotes them, why juries render them, and why some courts permit them.
January 1, 2006... PRODUCTS LIABILITY, which has its origins in both tort and contract law, typically covers any liability of a manufacturer or a seller of a product where that product's defect results in personal injury or property damage. The plaintiff can make...
The reexamination clause: exploring bifurcation in mass tort litigation: analyzing the constitutional hurdle to bifurcated trials.
January 1, 2006... THE rise of mass tort cases has stretched judicial ingenuity and resources to their limits. Dockets across the country are flooded with claims against manufacturers of goods, like cigarettes and asbestos, that carry the capacity to cause mass...
Men in Black: How the Supreme Court Is Destroying America.(Book Review)
January 1, 2006... MARK Levin's bestselling book, entitled Men in Black." How the Supreme Court Is Destroying America, (1) is a forceful indictment of what Levin identifies as an increasingly "activist" court for amending our national Constitution in the guise...
Reviewing the law reviews. (civil procedure topics) (Bibliography)
January 1, 2006... Law Review Highlights:
As technology has become increasingly interwoven into the fabric of daily life, digital information has made its way inexorably into the legal system. Courts are continuing to wrestle with some of the unique...