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Defense Counsel Journal articles from October 2008
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 2008
The lawyer as a facilitator.(President's page)
October 1, 2008... I have been referred to, by some. as tile first in-house counsel to serve as President of the IADC. That is not true.
The first meeting of the group today known as the International Association of Defense Counsel was held in September 1920,...
IADC tenets of professionalism.(International Ass'n of Defense Counsel)
October 1, 2008... The International Association of Defense Counsel is aware that applicable rules or codes of professional responsibility generally provide only minimum standards of acceptable conduct. Since we aspire to the highest ideals of professionalism, we...
Pay discrimination claims after Ledbetter.
October 1, 2008... ON MAY 29, 2007, a bitterly and closely divided United States Supreme Court ruled that pay decisions are "discrete acts" and that a Title VII plaintiff alleging intentional pay discrimination must focus exclusively on pay-related decisions made...
Ethics and electronic discovery: new medium, same problems.
October 1, 2008... IN MICHAEL A. GOLD'S article Electronic Discovery and Retention Guidance for Corporate Counsel, he states that, "[s]o far as ethics rules themselves are concerned, there really is nothing new under the sun." (1) Why then is an inquiry into the...
Tort reform in America: abrogating the collateral source rule across the states.
October 1, 2008... IS "TORT REFORM" still a dirty word? The debate over tort reform in America has been raging for more than thirty years, since the time when corporate and insurance interests began lobbying for legislation limiting the availability of financial...
Frederico v. Home Depot: the Third Circuit clarifies the removal burden for CAFA defendants, but is the burden still too high?(Class Action Fairness Act of 2005)
October 1, 2008... CONGRESS passed the Class Action Fairness Act of 2005 ("CAFA") with the express aim of making federal courts the preferred venue for large, multi-state class actions. (1) To effect that purpose, CAFA expanded federal diversity jurisdiction,...
Picking juries: questionnaires and beyond.
October 1, 2008... A prior version of this article was presented at the Medical Liability Committee Meeting during the IADC 2008 annual meeting at The Greenbrier, White Sulphur Springs, West Virginia, where Mssrs. Hurney and Sellers spoke on jury selection. The...
The test for causation in Canada: but for, but ... maybe not.
October 1, 2008... PRIOR to Canada's Supreme Court decision in Resurfice Corp. v. Hanke, (1) there was significant confusion (and significant controversy) over the accurate statement of the causation test in Canada. Despite the apparent attempt to put an end to...
Don't get mad, get even: practical strategies for dealing with retaliation claims by the plaintiff-employee.
October 1, 2008... SUPPOSE a female employee files a charge with the EEOC alleging sexual harassment by her male supervisor. The supervisor learns of the complaint and begins to avoid the employee. When he invites other employees to lunch, he excludes her. He...
Qui tam revisited: potential expansion of the False Claims Act.
October 1, 2008... The False Claims Act, (1) which has been on the books since the Civil War, is intended to protect the government, and ultimately the taxpayers, from fraud by government contractors. It provides for suit by the U.S. Justice Department, and more...
Deciding where to arbitrate creates significant jurisdictional issues with respect to the enforcement or attack of an arbitration award.
October 1, 2008... Contracts that contain arbitration provisions often, but not always, specify the location at which the arbitration hearing will be conducted. Occasionally, where the contracting parties are from different states or have multi-state presences...
Assignability of professional negligence claims: look for collusion.
October 1, 2008... In recent years, defense attorneys have seen growing attempts to assign professional negligence claims. These assignments raise serious questions of public policy. On the one hand, plaintiffs argue that assignment of claims often provides...