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Defense Counsel Journal articles from July 2008
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 2008
The unforgiving minute.(appreciation for year in service)(President's page)
July 1, 2008...
If you can fill the unforgiving minute
With sixty seconds' worth of distance run,
Yours is the Earth and everything that's in it,
And--which is more--you'll be a Man, my son!
These last few lines from Rudyard Kipling's...
Collapse coverage: the conundrum continues.
July 1, 2008... THE SAME WORD can have a different meaning depending on where you live. Ask for a "pop" in the Midwest and you will receive a soda. Make the same request in the northeast, however, and you may receive something entirely different. So too, the...
The Vioxx litigation: disincentivizing patient safety through misdirected tort rules.
July 1, 2008... THOUGH MANY believe that the tort system provides the best incentive for manufacturers to promote and manufacture their products safely, (2) the Vioxx litigation proves that the tort system can act as a disincentive against manufacturer...
The unsignaled intersection at 26 & 45: how to safely guide third parties across the e-discovery superhighway.
July 1, 2008... BY NOW, we've all been there--and all too often. An enterprising personal injury lawyer, a sophisticated mass tort lawyer, or highly skilled corporate counsel unleashes upon your client one of the newest and arguably most powerful weapons in...
Importing products: legal risks and defense strategies.
July 1, 2008... THE YEAR 2007 may go down as the year of the recall. Companies recalled products ranging from tires to toothpaste to electrical products. (1) Recalls involving lead paint in children's toys garnered particular attention, due in large part to...
Enforcing U.S. and other foreign judgments in Australia - what are the rules?
July 1, 2008... THE UNITED STATES of America is Australia's biggest trade and investment partner (the value of two way trade between the two nations was valued at U.S. $21.2 (A$33.5) billion in 2006) and there are currently 300,000 Australians living and...
Mortgagee clause claims in the subprime fallout.
July 1, 2008... THE SUB-PRIME lending fallout has had a ripple effect on the financial markets. A key result has been homeowners abandoning their homes and the resulting increase in foreclosure proceedings. Increased foreclosures have forced many more lenders...
Succession plans! Be prepared for the unexpected.(West Virginia)
July 1, 2008... "Old age takes away from us what we have inherited and gives us what we have earned."
--Gerald Brenan
I have now spent 14 years in this profession of law, a profession I deeply love and respect. It is my sincere hope and desire that I...
There's a new sheriff in town: European Commission investigations prompt U.S. antitrust class action.
July 1, 2008... What was once as American as apple pie is now almost as ubiquitous around the world as McDonalds: antitrust enforcement.
In Germany, the United Kingdom, Japan, Australia, South Korea and elsewhere, there is no doubt that antitrust...
Brief review of the follow-the-settlements doctrine in the United States.
July 1, 2008... April 2008 Reinsurance, Excess and Surplus Lines
The follow-the-settlements doctrine is a powerful tool available to cedents when seeking indemnity from reinsurers. This doctrine obligates reinsurers to indemnify cedents for any payments...