Defense Counsel Journal articles from July 1999

Defense Counsel Journal archives from July 1999

An opportunity for mass tort reform.
July 1, 1999... The proliferation of mass tort litigation has placed a significant strain on our judicial system as well as our nation's business community. In what is sometimes called entrepreneurial litigation, plaintiffs' attorneys represent thousands, or...

International Association of Defense Counsel Tenets of Professionalism.
July 1, 1999... 1. We will conduct ourselves before the court in a manner which demonstrates respect for the law and preserves the decorum and integrity of the judicial process. 2. We recognize that professional courtesy is consistent with zealous...

National Jury Trial Innovations Project: an update one year later.
July 1, 1999... In 1998, the Foundation of the International Association of Defense Counsel launched the National Jury Trial Innovations Project. The IADC Institute was created by the foundation to sponsor, develop and coordinate the project nationally. When...

Learning the new rules of sexual harassment: Faragher, Ellerth and beyond.
July 1, 1999... Employers may be hard put to comply with all the standards raised, but employees also may find it difficult to overcome some barriers Last year in two cases decided the same day--Faragher v. City of Boca Raton(1) and Burlington Industries...

Wholesale changes to the English civil justice system go into effect.
July 1, 1999... From the defence perspective, the effect of the Woolf reforms is to move the pendulum significantly toward plaintiffs A wholly new set of procedural rules governing civil actions in England went into effect on 26 April 1999. Intentionally...

From the horse's mouth: the workings of the judicial panel on multidistrict litigation .
July 1, 1999... Cases involving common questions of fact are assigned to one district court for pretrial proceedings, but under Lexecon they can't be tried there TODAY'S Judicial Panel on Multidistrict Litigation consists of seven district judges...

How to defend punitive damages claims effectively--and maybe successfully.
July 1, 1999... Punitive damages cases present difficult challenges to defense counsel, but attention to a lot of details may produce success If a man steals an ox or a sheep, and kills it or sells it, he shall pay five oxen for an ox, and four sheep for a...

The joint defense privilege and its ethical implications.
July 1, 1999... Courts recognize the privilege, but the major issues relate to its extent, particularly when a settling defendant reveals confidential information All for one, one for all, that is our device. --Alexander Dumas, The Three Musketeers...

Common reinsurance issues: follow the fortunes, late notice and rescission.
July 1, 1999... Law is evolving in each of these areas, while courts seek to balance cedents' expectations with reinsurers' contract rights THERE are three legal issues that are common to many reinsurance disputes--follow the fortunes, late notice, and...

Expert medical testimony: is there an answer to "not only relevant, but reliable"?
July 1, 1999... Conflicting expert testimony on causation is too complex for judges or juries, and a new model of court-appointed experts and physician discipline is needed THE American Medical Association has determined that physicians are considered to...

Annual survey of fidelity and surety law, 1998 -- part II.
July 1, 1999... 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 Subcontractor...

The Book Shelf.
July 1, 1999... Business and Commercial Litigation in Federal Courts. Robert L. Haig, Editor-in-chief. American Bar Association and West Group. 1998. To order, call 1-800-328-9352. Six volumes. 6,435 pages. $480, 15 percent discount to ABA members. Reviewed by...

Current Decisions.
July 1, 1999... DAMAGES Limits on Punitive Damages May Be Enforced by Courts Federal courts have authority derived from the U.S. Constitution to reduce punitive damages awards to constitutional scope without plaintiffs' concurrence or the offer of a...

Conning the IADC Newsletters.
July 1, 1999... 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.
July 1, 1999... 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...