Defense Counsel Journal articles from July 2006

Defense Counsel Journal archives from July 2006

Why international?(International Association of Defense Counsel membership)(President's page)
July 1, 2006... You have in your hands a Defense Counsel Journal issue dedicated to "international" issues. It is not coincidence that it arrives shortly before our Annual Meeting in Rome. In this letter, I want to report to you on the health of our...

Can a corporation commit manslaughter? Recent developments in the United Kingdom and the United States.
July 1, 2006... A CORPORATION is a legal fiction. It is an entity created by law that exists separately from its incorporators and that functions through people who act as its agents. Like people, corporations have rights and obligations in their own name....

Obtaining evidence in Australia for use in the United States and other Hague Convention countries.
July 1, 2006... IN TODAY'S global economy it is not uncommon to discover that critical evidence required for use in litigation is located in a foreign jurisdiction. In some cases, the proceedings themselves and the parties may have absolutely no connection...

The evolving landscape for pharmaceutical product liability litigation in Canada.
July 1, 2006... ONLY a handful of pharmaceutical product liability cases have been tried in Canada, with the leading case being a decision from the mid-1980s involving reports of stroke in association with the use of oral contraceptives. (1) There are many...

Mass tort treatment of pharmaceutical product liability cases in England.
July 1, 2006... ENGLAND was one of the first European Union ("EU") countries to introduce specific procedural provisions for "group actions" seeking recovery of damages in product liability cases. The group action model under Part 19.11 of the Civil Procedural...

German product liability plaintiffs make progress with the Pharmaceutical Act and the Product Liability Act.
July 1, 2006... GERMANY improved the legal situation of pharmaceutical products liability plaintiffs by enacting two laws: 1) the second Pharmaceutical Act of August 24, 1976 ("Pharmaceutical Act") (1) and 2) the Product Liability Act of December 15, 1989...

Prepare to earn more frequent flyer miles: the far-reaching grip of Internet law.
July 1, 2006... U.S. internet companies are likely to come under the reach of world-wide foreign jurisdictions due to recent decisions regarding publication on the internet and consumer protection law reform. ********** THERE are a few things that...

The U.S. corporate defendant's captive insurer's dilemma: third party liability claims and recovery under English law.
July 1, 2006... IT HAS BEEN said that Great Britain and the United States are two nations separated by a common language. They might also be compared as two jurisdictions separated by a common law. A recent illustration of the divergence in legal analysis on...

French legal reform: what is at stake if class actions are introduced in France?
July 1, 2006... CLASS ACTIONS may soon be introduced into French law. In a speech delivered on January 4, 2005, French President Jacques Chirac came out in favor of introducing class actions into French law, in the following terms: Consumers must at...