Defense Counsel Journal articles from October 2000

Defense Counsel Journal archives from October 2000

President's Page.
October 1, 2000... Stand Up and Be Counted IF YOU'LL forgive the use of an old legal phrase, the contingency fee lawyers (don't call them "trial lawyers") are kicking our collective butts in the political and legislative arenas, all to the detriment of...

International Association of Defense Counsel Tenets of Professionalism.
October 1, 2000... 1. We will conduct ourselves before the court in a manner which demonstrates respect for the law and preserves the decorum and integrity of the judicial process. 2. We recognize that professional courtesy is consistent with zealous...

U.S. Postal Service Statement of Ownership, Management and Circulation (required by 39 U.S.C. 3685).
October 1, 2000... 1. Publication title: Defense Counsel Journal. 2. Publication number: 0895-0016. 3. Filing date: October 1, 1998.4. Issue frequency: Quarterly (January, April, July, October). 5. Number of issues published annually: four. 6. Annual subscription...

Defense news. (cameras in the courtroom)
October 1, 2000... Judicial Conference Nixes Cameras in Courtrooms A bill in the U.S. Senate to allow cameras in federal courtrooms under certain conditions could "seriously jeopardize" the rights of citizens to a fair trial, the U.S. Judicial Conference has...

The interstate practice of law: are you crossing the line?
October 1, 2000... California's Birbrower decision has focused attention on the ability of lawyers to furnish legal services outside their state of admission IT IS a commonplace that business and the economy are increasingly becoming global in structure,...

Legal practice in Australia: from MDPs to incorporation.
October 1, 2000... Organizational norms of the 18th century are giving way to those of the 21st as incorporated law firms are about to emerge in New South Wales DURING the 1990s, the legal profession in Australia underwent considerable change. In New South...

New U.S. tort litigation: to go warily where no one has gone before.
October 1, 2000... Courts now are being used by plaintiffs' counsel to change industry-wide practices, to enforce self-regulation and to extract large punitive damage awards IN YEARS GONE by, the purpose of tort litigation was to compensate deserving...

Ethically representing thousands of plaintiffs: conflict problems in mass toxic harm cases.
October 1, 2000... Multiple representation should be allowed when it is beneficial to do so, but new measures should be implemented to protect against abuses. IN SOME mass toxic harms cases, such as those involving diethylstilbestrol (DES) or the Dalkon...

Use of human epidemiology studies in proving causation.
October 1, 2000... Epidemiology studies can be used to establish only general causation, but there are many criteria that can be employed to test those studies EPIDEMIOLOGY studies examine populations--generally smaller subsets or samples of populations--in...

Expanded grounds for judicial review of employment arbitration awards.
October 1, 2000... If the arbitration process is not reformed, courts may start to vacate awards on both fact and law grounds, thus impairing the advantages of non-litigation EXPRESSING frustration with outdated and narrow grounds for vacatur, in 1998 the...

Abuse of power: disregarding traditional legal principles to invalidate tort reform.
October 1, 2000... Do you have to have an injury before you can challenge the constitutionality of legislation? Not if it's tort reform in Missouri or Ohio TORT REFORM is or has been on the agenda of most state legislatures in the United States. When...

Ghost of Pennzoil-Texaco: hidden risks of arguing alternative damages.
October 1, 2000... Should the defense sponsor alternative damage numbers? There's no one answer because it depends on the strength of the defense case IMAGINE this: The plaintiff's case has been presented to the jury, and the defense is under way. The defense...

Current Decisions.
October 1, 2000... CIVIL PROCEDURE Discovery Doesn't Include Order for IQ Examination In a case alleging lead-paint injuries to an infant plaintiff, New York courts have refused to compel the mother to submit to an IQ examination during pretrial...

Conning the IADC Newsletters.
October 1, 2000... 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, 2000... 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," "Casenote," etc. are as listed in the...