Defense Counsel Journal articles from October 1996

Defense Counsel Journal archives from October 1996

A jury of our peers.(President's Page)
October 1, 1996... IN the "Great Charter of English Liberty" granted by King John at Runnymede on June 15, 1215, which has come down through the ages as Magna Carta, the famous Clause 39 declares, "No freeman shall be... disseised, or in any way destroyed, nor...

Compensation neurosis rides again: a practitioner's guide to defending PTSD claims. (post traumatic stress disorder)
October 1, 1996... POST Traumatic Stress Disorder, known as PTSD, is demonstrating an ability to influence the current tort system, both economically and doctrinally. The diagnosis is being used to erode traditional legal restrictions and barriers to recovery....

Multiple chemical sensibility in the courtroom: is there life after Daubert?
October 1, 1996... IS THERE anything new under the sun? Consider these excerpts: An elderly neurologist in Marseilles told me about young Italian female patients, usually from southern Italy, who would be brought to his clinic .. in an ambulance, convulsing...

Silicone, science and settlements: breast implants and a search for truth.
October 1, 1996... IN APRIL 1992, the U.S. Food and Drug Administration banned the further use of silicon breast implants, once the third most common form of plastic surgery in the United States, except for limited use in research settings. FDA Commissioner David...

The end of an ERA: junk science departs products liability.
October 1, 1996... "I see Nobody on the road," said Alice. "I only wish I had such eyes," the king remarked in a fretful tone. "To be able to see Nobody! And at that distance too! Why, it's as much as I can do to see real people in this light! - Through...

Lawyers' potential exposure to liability in fraudulent business transactions.
October 1, 1996... CAN attorneys in representing clients, requests become personally liable for their client's fraudulent actions? Yes, in limited, although expanding, situations. Is this a concern? Absolutely. Does it make sense? Yes, under a proper...

Individual and institutional liability for injuries arising from sports and athletics.
October 1, 1996... PARTICIPATION in sports is inherently dangerous, and the risk of injury is manifest. Physical contact is a fundamental and sanctioned component of many sports. Most often, sports-related injuries are inflicted unintentionally, and participants...

Electronic media: management and litigation issues when "delete" doesn't mean delete.
October 1, 1996... CYBERSPACE, that non-observable, electronic landscape consisting of electrons, magnetic fields and light pulses, has produced new ways of creating, transferring and storing digital data. The proliferation of electronic mail (e-mail) and voice...

Litigation management: what legal defense costs are reasonable and necessary? (insurance company coverage of insured's costs)
October 1, 1996... WHAT are the proper legal standards and guidelines for determining the reasonableness of acceptable legal fees and costs, particularly when insurance companies retain counsel to defend claims against their covered insureds and to defend...

Insurer's ability to contest claims after the contestability cutoff.
October 1, 1996... Most states in the United States allow by statute a two-year contestable period for voiding life or health policies,[1] and some insurers require only a one-year contestable period.[2] Because the normal period for rescinding policies is two...

Rule 1.6 and the noisy withdrawal. (American Bar Association Model Rules of Professional Conduct)
October 1, 1996... NO OTHER rule of the American Bar Association Model Rules of Professional Conduct has created as much confusion or controversy as Rule 1.6. It requires a lawyer to maintain the confidentiality of information that his client provides to him in...

Trial Objections, 2d ed.
October 1, 1996... Trial Objections. By Mark A. Dombroff. Second edition by Daniel J. Pope. 1995 (with 1996 revision). Looseleaf. $89.98. James Publishing Inc., 3520 Cadillac Ave., Suite E, Costa Mesa, California 92626. 800/440-4780. IADC member Daniel J....