Defense Counsel Journal articles from July 2000

Defense Counsel Journal archives from July 2000

Simple becomes complex.(President's Page)
July 1, 2000... IT SEEMS so simple and efficient. Joe Citizen purchases insurance to protect himself against liability to third parties injured through his negligence. The insurance company is obligated to furnish a defense to claims and to indemnify him to...

International Association of Defense Counsel Tenets of Professionalism.
July 1, 2000... 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...

Defense News.
July 1, 2000... ABA MDP Commission Floats New Proposal A new and scaled-down version of a proposal to legitimate multidisciplinary practice has been offered by the American Bar Association Commission on Multidisciplinary Practice for consideration by the...

Protecting your corporate client's most valuable intangible asset: its name.
July 1, 2000... Infringers are busy, even on the Internet, in taking advantage of companies' trademarks, so counsel owe their best efforts to protect and right the wrongs A TRADEMARK or "mark" is anything that identifies and distinguishes a product and/or...

New wave of tainted blood litigation: hepatitis C liability issues.
July 1, 2000... Both individual cases and class actions are raising multiple issues of liability and the bases on which damages may be imposed A NEW wave of tainted blood litigation caused by the hepatitis C virus (HCV) has begun. Thousands of patients in...

What you always wanted and need to know about the legal environment of Spain.
July 1, 2000... After dictatorship and isolation, since 1975 Spain has been evolving a modern legal system as a part of the new Europe SPAIN emerged from nearly 40 years of dictatorship in 1975 and has since made a remarkable transformation from a...

Workplace violence: the universe of legal issues.
July 1, 2000... Employers face an array of issues and theories when trying to prevent violence in their workplaces, and they need competent counsel INTRODUCTION VIOLENCE in the workplace" has become a hot topic for the defense community. Although a...

The thing about non-U.S. discovery for U.S. litigation: it's expensive and complex.
July 1, 2000... While the Hague Convention has made it somewhat easier, there still are complicated procedures, foreign policy considerations and "blocking" statutes AMERICAN lawyers are accustomed to the broad, sometimes intrusive, discovery available to...

Forum non conveniens: must defendants prove the unprovable?
July 1, 2000... Probably not, if the motion is supported by a showing of the categories of witnesses not subject to process and the problems of inconvenience IN CLASSIC forum non conveniens cases, plaintiffs file actions in forums in which they are not...

Reserves and communications between reinsurer and reinsured: a danger zone.
July 1, 2000... Difficult as it may be to do, attorneys should be involved in the process, so that documents and information may be protected from disclosure ALTHOUGH the law on the discovery of reserve information and communications between the reinsurer...

Practitioner's handy guide to rule 68 offers of judgment: defense counsel's sword.(Federal Rules of Civil Procedure)
July 1, 2000... Offers of judgment can be used to expedite settlements and control fees and expenses. But the offers require thorough and complete draftsmanship DEFENSE counsel shouldn't overlook Rule 68 of the Federal Rules of Civil Procedure, which...

Annual survey of fidelity and surety law, 1999.(part 2)
July 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...

Statistical evidence: how to help jurors understand and use it properly.
July 1, 2000... No matter how skillfully expert witnesses and counsel present potentially bewildering numbers, jurors' psychological aspects must be considered THE USE of statistical evidence in a jury trial poses specific problems for the parties and the...

Conning the IADC newsletters.
July 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...

Current Decisions.
July 1, 2000... FALSE CLAIMS ACT State Not a "Person" for Qui Tam Suits A state is not a "person" within the meaning of that word as used in the False Claims Act, [subsections] 3729-3733, the U.S. Supreme Court held in Vermont Agency of Natural...

Reviewing the Law Reviews.
July 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...