Defense Counsel Journal articles from July 1996

Defense Counsel Journal archives from July 1996

DRI sets ambitious agenda. (Defense Research Institute)(President's Page)
July 1, 1996... ONE OF the many accomplishments of the International Association of Defense Counsel was the formation in 1960 of the Defense Research Institute. Today, DRI boasts 20,000 members in the United States and Canada. Over the years, many of the leaders...

Pseudo-scientists at the gate: the new FJC manual will help. (Federal Judicial Center manual for scientific and expert testimony)(Coping with Science)
July 1, 1996... THE U.S. Supreme Court's decision in Daubert v. Merrell Dow Pharmaceuticals Inc.(1) has reshaped the domain of scientific and expert testimony. In order to illuminate a trail through this vastly altered and rapidly changing terrain, the Federal...

Toxicology made easy: what every trial advocate should know.(Coping with Science)
July 1, 1996... TOXICOLOGY is commonly recognized as the study of poisons, and is properly defined as the study of adverse effects of chemical or physical agents on biological systems.(1) While toxicology's roots can be traced back to the use of poisons by early...

Immunology made easy: what every trial advocate should know.(Coping with Science)
July 1, 1996... THE science of immunology is the study of how the immune system is capable of differentiating between what is part of the host and what is foreign, and "all the rest is technical detail."(1) Understanding the "technical detail" of immunology is...

Computer-generated evidence: testing the envelope.(Coping with Science)
July 1, 1996... RECENT reductions in cost and exponential increases in capacity and processing speeds have rendered computer technology not only accessible to courts and increasingly essential to litigation management, but also ever more influential over the...

Leveling the playing field. (United Kingdom, New York, India)(Foreign Lawyers in Foreign Jurisdictions: Rights of Practice and Establishment)
July 1, 1996... As the internationalization of lawyering increases with globilization of the economy, defense counsel are increasingly concerned with advising clients and "practicing" law beyond the borders of the jurisdictions of their original licenses or...

European and German dimension. (Brussels, Belgium)(Foreign Lawyers in Foreign Jurisdictions: Rights of Practice and Establishment)
July 1, 1996... WHAT ARE the rights of practice for foreign lawyers in Europe. particularly the possibilities of European Union lawyers practicing law in another EU country and of American lawyers practicing in Germany and Belgium/Brussels, the latter an...

Australia and nearby countries.(Foreign Lawyers in Foreign Jurisdictions: Rights of Practice and Establishment)
July 1, 1996... AUSTRALIA WITH THE increasing internationalization of legal services, Australia has taken active steps to promote the participation of foreign lawyers in the practice of foreign law in Australia. As the Chairman of ILSAC said in June 1993,...

England's new conditional fee agreements: how will they change litigation?
July 1, 1996... OVER the past IS years the proportion of the population of England and Wales eligible for legal aid, which is a state-sponsored innovation intended to assist impecunious litigants, has shrunk from 80 percent to less than half. Conditional fees...

The impaired property exclusion: finding a path through the morass.
July 1, 1996... RECENTLY a Silicon Valley newspaper reported that a computer chip manufacturer had found a flaw in its computer motherboards. The defective controller chip in the motherboard was not made by the chip manufacturer but was purchased by it from an...

What companies want from law firms: quality, service, responsibility.
July 1, 1996... IN MOST corporate organizations the general counsel is the chief legal officer of the company and has over-all accountability for all legal matters arising from the company's business. Most outside counsel are familiar with dealing with the...

Negligent retention of employees: an expanding doctrine.
July 1, 1996... IN RECENT years, negligent hiring and retention cases have seen dramatic growth. Cases have involved employees who commit criminal. violent or other wrongful and intentional torts. Negligent hiring occurs when an employer places an unfit person...

Toxic and hazardous substances litigation.
July 1, 1996... Each year the July issue of Defense Counsel Journal provides an annual survey of law in certain fields, concentrating on developments that are of interest to all defense counsel. The surveys, short and to the point, are provided by IADC...

Reinsurance.
July 1, 1996... MORE reinsurance disputes seem to be finding their way into the federal courts. Statute of limitations In Continental Casualty Co. v. Strong Hold Insurance Co.(3) Continental issued many liability policies to hospitals and ceded some of the...

Products liability.
July 1, 1996... RECENT cases in several jurisdictions have examined the consequences of the destruction of evidence in a products liability case. The issue of destruction usually arises when the plaintiff destroys the allegedly defective product before the...

Advocacy, practice and procedure.
July 1, 1996... ONCE AGAIN the U.S. Supreme Court has ruled that federal maritime law does not always exclude the application of state law. In Yamaha Motor Corp. v. Calhoun(12) a unanimous Court held that federal maritime law does not preempt state law remedies...

Fidelity and surety law. (Texas, Arizona, California)
July 1, 1996... IN 1995, the Texas Supreme Court in Great American Insurance Co. v. North Austin Municipal Utility District(16) announced the rule that there is no common law duty of good faith and fair dealing between a performance bond surety and the obligee....

Legal malpractice. (Kentucky)
July 1, 1996... IN A suit filed by the American Insurance Association, the National Association of Independent Insurers, and two State Farm companies, the Kentucky Supreme Court affirmed an ethics opinion barring lawyers from agreeing to do all of an insurer's...

Industrial Defense Library.
July 1, 1996... Reviewed by Timothy E. Kapshandy, Sidley & Austin, Chicago. Consult publisher for price (800/411-6387). In 1987, the Industrial Defense Library was established by the members of a number of large corporations, frequently the target of toxic...