Defense Counsel Journal articles from October 1998

Defense Counsel Journal archives from October 1998

A time for jury innovation.
October 1, 1998... IN RECENT YEARS, the jury trial has come under increasing scrutiny from a number of directions. Newspaper editors, television commentators and corporate leaders have questioned the process. The American public hears reports of unusual verdicts...

Defense News.
October 1, 1998... U.S. Chief Justices Float Professionalism Proposals The U.S. Conference of Chief Justices has adopted a National Action Plan on Lawyer Conduct and Professionalism, which it has published seeking public comment. The conference will consider...

Mass tort class actions: will Amchem spawn creative solutions?
October 1, 1998... Settlement class actions as known in the past probably are dead, and courts must now look for other ways to handle mass torts than under Rule 23 LAST YEAR the U.S. Supreme decided Amchem Products Inc. v. Windsor,(1) a case that could...

Issues management in the global economy: moving beyond being just multinational.
October 1, 1998... The development of use of knowledge throughout a corporate enterprise is the way of the future and the route to its becoming a good world citizen "GLOBALIZATION is where the market is going. They've seen the trend, and they've gone along...

Issues management in the global economy: creating and managing documents.
October 1, 1998... The documentary record is important, particularly for products manufacturers, but care must be taken that policies are in place and pitfalls are avoided IT IS vitally important to the proper development of a product to encourage an open...

Ethical implications for defense counsel when insurers seek reimbursement.
October 1, 1998... Defense attorneys will become the prime source of proof in insurers' actions to recover defense costs, and therein lie the ethical pitfalls In July 1997, the Supreme Court of California decided Buss v. Superior Court (Transamerica...

Timing and settlement considerations when recoupment is sought in Buss cases.(insurance law)
October 1, 1998... There are factors that both hinder and strengthen the timing and settlement moves when insurers seek to recoup defense costs in mixed coverage cases WHILE decisions such as the California Supreme Court's ruling in Buss v. Superior Court...

Of legal audits and legal ethics.(insurance industry)
October 1, 1998... There's no definitive answer to the issues raised by insurers' use of outside legal auditors, but it's a sore point with the defense bar that needs solutions LIABILITY insurers are under considerable economic pressure. It began building in...

Some suggestions on admitting computer graphics into evidence at trial.
October 1, 1998... Computer-generated visual evidence is likely to be compelling, so meeting the objections to its admissions is important IF A videotape is the "the next best thing to being there," then a computerized graphic of an event is even better than...

U.S. Judicial Conference circulates proposals to amend civil and evidence rules.
October 1, 1998... Public comment period opens for proposed amendments that deal with discovery reform and nail down the meaning of the Daubert decision THE U.S. Judicial Conference in August circulated proposed amendments to Federal Rules of Civil Procedure...

Is Titan Indemnity-Triborough Bridge an aberration or sign of the times?
October 1, 1998... Unfortunately, the Second Circuit's opinion could dissuade sureties from choosing to complete a project after a contractor's contended default IN A RECENT decision of the U.S. Court of Appeals for the Second Circuit, Titan Indemnity Co. v....

Switching sides: may a lawyer ever represent someone against a former client?
October 1, 1998... Let us have faith that right makes might; and in that faith let us to the end, dare to do our duty as we understand it. --ABRAHAM LINCOLN CONSIDER this scenario. The CEO of a major corporation wants to retain your firm in a $500...

Current Decisions.
October 1, 1998... CLASS ACTIONS Former Major Leaguers Fail to Reach First Base Seymour (Cy) Block played in 17 games for the Chicago Cubs from 1942 to 1946, plus one game in the 1945 World Series. For his career, he batted .302 and struck out three...

Conning the IADC Newsletters.
October 1, 1998... Recognizing that a wide range of practical and helpful material appears in the newsletters prepared by committees of the International Association of Defense Counsel, this department highlights interesting topics covered in recent newsletters...

Reviewing the Law Reviews.
October 1, 1998... This is a selective bibliography of current law review literature of interest to defense counsel. Main articles are identified by naming the author or authors. The designations "Note," "Comment," "Case Note," etc. are as listed in the...