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Defense Counsel Journal articles from October 1994
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 October 1994
Daubert and junk science: have admissibility standards changed?
October 1, 1994... ALTHOUGH courts and commentators alike have confused the roles of Federal Rules of Evidence 702 and 703 and have applied various tests to "scientific" evidence inconsistently, the decisions may not be as diverse as regarded by conventional...
Defense by salaried counsel: a bane or a blessing?
October 1, 1994... WITHIN recent years, there has been a noticeable increase by insurance companies in the use of salaried counsel to defend their insureds.(1) The insurers' objective is to save money over the cost of outside counsel and to achieve more efficient...
Reinsurance disputes: death of the handshake.
October 1, 1994... PRIOR to the 1980s, there were few reinsurance disputes, and almost all were resolved informally. In those good old days, when the handshake was king, the insurance and reinsurance communities comprised a small gentleman's club in which the...
Foreign corporations: forum non conveniens and change of venue.
October 1, 1994... THE doctrine of forum non conveniens can have a profound impact on litigation in the United States involving foreign corporations. This article provides an overview of the doctrine and its applicability to the foreign corporation. The analysis...
Combatting fear of future injury and medical monitoring claims.
October 1, 1994... CLAIMS for fear of future injury and for medical monitoring necessary to check for that development are burgeoning in tort litigation as more and more substances have been linked with cancer and with the ever-increasing threat of the AIDS...
Differing site conditions: liability precautions for design professionals.
October 1, 1994... CONCEALED and differing site conditions encountered both above and below ground during the construction process pose liability concerns and precautions for design professionals. These concerns and the need for adequate and effective precautions...
After-acquired evidence in defending employment discrimination claims.
October 1, 1994... ONE EVOLVING element in the employer's defense to claims of employment-related discrimination is the potential effect of after-acquired evidence of the employee's wrongdoing. As employers and defense counsel have realized the potential impact...
How to defend against claims for hedonic damages.
October 1, 1994... DAMAGES for the loss of enjoyment of life, known as "hedonic damages," have received widespread attention and, with justification, have attracted the concern of the defense bar. The underlying concept of hedonic damages is not itself new....
Understanding defense of TMD cases. (temporomandibular disorder)
October 1, 1994... TEMPOROMANDIBULAR disorder, known as TMD, is of concern to lawyers, according to the recent correlation in both the dental(1) legal(2) literature of TMD as a sequelae to whiplash injury. TMDs seem to be as enigmatic to lawyers, however, as they...
The Murder of James A. Garfield: The President's Last Days and the Trial and Execution of His Assassin.
October 1, 1994... The Murder of James A. Garfield: The President's Last Days and the Trial and Execution of His Assassin. By James C. Clark. McFarland & Co., Jefferson, N.C. 28640. 1994. $24.95. x, 185 pages.
Both reviewed by Jay W. Stein, research librarian...
Safire's New Political Dictionary.
October 1, 1994... Safire's New Political Dictionary. By William Safire. Random House, 201 East 50th St., New York, N.Y. 10022. 1993. $35.00. xxvii, 930 pages.
Both reviewed by Jay W. Stein, research librarian and consultant in Chicago. He is a former...