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Defense Counsel Journal articles from October 1995
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 1995
Community service: it's good for the public, the profession, your firm and you.(President's Page)
October 1, 1995... In newspapers, on television and radio, in the mail, by telephone, we receive and hear constant pleas for financial assistance, donations, gifts and contributions of time. We hear from schools, hospitals, churches and all kinds of community...
Full-coverage representations.(Special Project on Professional Responsibilities of Insurance Defense Lawyers, part 1)
October 1, 1995... The scope of this Report is limited to "full-coverage" representations, i.e., insurance defense representations in which the existence of insurance coverage is clear and the amount of coverage is clearly sufficient to cover the insured's exposure...
Amount in controversy and removal: current trends and strategic considerations.
October 1, 1995... In 1988, Congress amended the U.S. Code in an attempt to limit the number of cases that can be removed to federal court.[1] Although these revisions took a number of forms, perhaps the most significant restriction was an increase in the amount in...
Stigma damages: property damage and the fear of risk.
October 1, 1995... Courts are struggling with the public policy considerations of where to draw the line between just compensation and cost to society
Today, more than ever before, concerns about risk abound. Whether it be the risk posed by an abandoned landfill,...
Punitive damages: when, where and how they are covered. (by insurance)
October 1, 1995... NEWS stories about punitive damages seem to be an almost daily occurrence, from the $2.7 million award against McDonald's in the "hot coffee case,"(1) reduced by the trial judge to $680,000, to the U.S. Supreme Court's decision that arbitration...
Attorney-client privilege and work product doctrine in the corporate setting.
October 1, 1995... Corporations have many associations with their attorneys, whether in-house counsel for consultation on a broad range of matters or outside counsel for possible litigation matters. In order to receive the best counseling, corporate representatives...
Reviving the dying spirit of rule 704: put the legal conclusion doctrine to rest. (expert testimony)
October 1, 1995... Expert testimony should be admissible if the expert is qualified willing to follow the instructions, and the testimony is helpful
The use of experts in trials is no longer the exception but the norm. Technical Advisory Service for Attorneys...
Recovering for derivatives trading losses under financial institution and crime bonds.
October 1, 1995... With the increase in losses from the use of derivatives, it can be expected that insures will claim under various types of bonds
While the 1995 collapse of Barings PLC focused the media's and public's attention on another massive loss sustained...
Successor developers: untapped opportunities for subdivision bond sureties.
October 1, 1995... MANY states require the developer of a planned subdivision to post what is known as a "subdivision bond" or "plat bond." (See box on page - for the states and statutory references.) These bonds are essentially performance bonds that guarantee the...
How times have changed: a systematic approach to billing. (for legal services)
October 1, 1995... Once upon a time, when a law firm resolved a matter and concluded its representation, it simply mailed the client a bill, which usually consisted of an amount preceded by a one-line description: "For Services Rendered." But today, in all but a...
Defending claims of postconcussion syndrome.
October 1, 1995... Defending claims of mild head injury, put forward even in the absence of positive physical findings from computer axial tomography (CT scan) or magnetic resonance imaging (MRI), is becoming more difficult and complex for claims officials and...
The twain of ethics and professionalism. (in law)
October 1, 1995... Note that this department, which was inaugurated by Defense Counsel Journal in the July 1995 issue, is called "Ethics and Professionalism." Don't overlook the word "and." It's important because it shows the range of what will be discussed. These...