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Defense Counsel Journal articles from July 2005
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 July 2005
The IADC in its 85th anniversary year: our productive past and exciting future.(International Association of Defense Counsel)
July 1, 2005... It has been a unique privilege and opportunity to serve as IADC President for the past year. Our membership truly represents "the best and the brightest" of the defense community, and it has been a once in a lifetime opportunity for me to have...
IADC tenets of professionalism.
July 1, 2005... The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we...
Highlights of the Class Action Fairness Act of 2005: the future of class actions in America.
July 1, 2005... PRESIDENT George W. Bush signed The Class Action Fairness Act, (1) ("the Act") on February 18, 2005. The Act, which adds several provisions to Title 28 of the United States Code and amends several existing sections of Title 28, greatly expands...
The Class Action Fairness Act's impact on state consumer protection laws: an overview of the act's effect on forum-shopping.
July 1, 2005... CLAIMING that it will prevent trial lawyers from shopping around for courts where they expect to win the most money, keep out-of-state businesses from being dragged before unfriendly local juries, and provide new safeguards for the consumer,...
Emerging trends in asbestos premises liability claims: understanding current theories of liability and proposed legislation to protect your client.
July 1, 2005... YOUR client has never manufactured asbestos-containing products and remains untouched by the devastating waves of asbestos litigation that have reduced financially stable companies to empty shells. Do not allow yourself or your client to become...
Top ten most important clauses of construction contract: how to reduce the likelihood of disputes during and after the project.
July 1, 2005... CONSTRUCTION projects are extremely complex undertakings and are usually governed by highly detailed contracts. While any one of hundreds of clauses in a large contract can be crucial, certain issues are important on almost every job.
This...
Winning summary judgment in employment ADA cases: what have plaintiffs done for you lately? How to defend employers against claims brought under the ADA.
July 1, 2005... DEFENDING employers against claims brought by current and former employees under The Americans with Disabilities Act ("ADA") (1) requires a detailed understanding of ADA law and your client's business, as well as the ability to understand...
The new paradigms of e-discovery and cost-shifting: determining who pays for electronic discovery.
July 1, 2005... FEDERAL Rule of Civil Procedure 34 has permitted discovery of electronic information since 1970, but the volume of electronic documents has grown exponentially during the Internet revolution in which we live. (1) Today, the vast majority of...
Drake v. Provident's effect on insurers' duty of good faith in English law: are insurer bad faith cases going to hit England?
July 1, 2005... DRAKE V. PROVIDENT involved an insured who made a claim under his insurance policy with Provident Insurance after his wife, who was named as an additional driver, was involved in a collision with a motorcyclist. The insured's wife was also...
Tales from the dark side.(disqualification of insurance defense counsel)
July 1, 2005... Recognizing that International Association of Defense Counsel committee members prepare a wide range of practical and helpful material in monthly newsletters, this section highlights an interesting topic covered in a recent newsletter.
In...
Law review highlights: electronic discovery.
July 1, 2005... Electronic information presents unique discovery challenges. The sheer volume of material available electronically--on computer hard-drives, back-up tapes, and servers--has driven up the cost of discovery when parties request electronic...