Defense Counsel Journal articles from July 1994

Defense Counsel Journal archives from July 1994

What's happening in the law: surveying the new developments. (surveyed by International Association of Defense Counsel committees)
July 1, 1994... Products Liability Duty to Warn Several decisions from courts around the country have addressed the extent of a manufacturer's duty to warn and the effect of a plaintiff's failure to read or heed warnings. Insecticides....

Combining insurance and self insurance: issues for handling claims.
July 1, 1994... THE traditional insurance mechanism is complex, but its basic structure can be simply stated: An insurance policy is a device for the transfer of risk. A number of such risks are accepted, some of which inevitably involve losses....

Brussels and Lugano Conventions: what they are, what they do.
July 1, 1994... UNDER English law, the jurisdiction of courts traditionally has been based on service of proceedings--that is, the courts will assume jurisdiction when the plaintiff can validly serve a writ on the defendant. Service can be validly effected...

Maybe light at the end of tunnel: is the litigation explosion imploding?
July 1, 1994... WE KNOW deep in our hearts--although sometimes we don't want to admit it--that our civil litigation system is in deep trouble. It has major flaws. Its inability to settle and resolve civil disputes efficiently or economically is beyond...

The special relationship doctrine in domestic protective order cases. (New York)
July 1, 1994... WHEN one walks down a dark and deserted street, fear acts as a motivator for vigilance. The sight of a police officer contributes to a feeling of safety. If anything happens, immediate help is available. But assume that the officer stands by...

Errors and omissions coverage for securities brokers.
July 1, 1994... ON "Black Monday," October 19, 1987, the Dow Jones industrial average plummeted 508 points--more than 20 percent--to 1738.74, becoming the largest single-day drop in that average in the history of the stock market, even exceeding the crash of...

Statutes of limitations and repetitive strain injuries: winning strategies.
July 1, 1994... WELL into the era of mass torts, the plaintiffs' bar is busily looking for new worlds to conquer as the asbestos gold mine begins its inevitable play-out. Electromagnetic field radiation, AIDS-tainted blood, and lead paint cases are but a few...

Defending "pattern and practice" evidence in punitive damages cases.
July 1, 1994... THE DEFENSE bar is struggling to come to grips with punitive damages, which are being imposed more frequently and in larger amounts.(1) The plaintiffs' bar is becoming more adept at presenting punitive damages cases, and juries are more willing...

Annual survey of fidelity and surety law, 1993. (part 2)
July 1, 1994... I. PUBLIC CONSTRUCTION BONDS A. Miller Act Bonds 1. Jurisdictional Issues. Waste water treatment plant not public work under Miller Act merely because funded by Farmers Home Administration. General Electric Supply Co....

Of lawyering and bean counting: yes, the twain can meet.
July 1, 1994... Repairing the Relationship WHILE the situation is grave, it is not hopeless. Things can be done to re-establish the traditional, mutually beneficial working relationship. For one, both sides must understand there is a problem. As...

Hedonic damages revisited: some empirical findings.
July 1, 1994... THE area of hedonic damages has received a great deal of attention in recent years in both personal injury and wrongful death cases. There are several conceptual assumptions that form the foundation for an economist's analysis of hedonic...

Understanding whiplash and TMD. (Temporomandibular Disorders, part 2)
July 1, 1994... WHIPLASH refers to the hyperextension/hyperflexion trauma that occurs in automobile accidents. These injuries have long been perplexing cases for physicians, attorneys and claims adjusters. The symptoms, most commonly limited to the soft...