Recently added articles from Defense Counsel Journal:
Lead, partner, execute, and be passionate.(President's page)
Jan 01, 2009; ... One of the great benefits afforded members of the IADC is the ability to attend Regional Meetings, whether at home or on the road. Not only does one get to connect with IADC friends, new and old, but one also gets to attend a top quality educational program. Such was the case in New York ...
Emerging issues: global warming claims and coverage issues.
Jan 01, 2009; ... I. AN INTRODUCTION TO THE POLARIZING AREA OF GLOBAL WARMING THE ISSUE of global warming or climate change remains a polarizing subject and a continuing source of heated political, social, and economic debate. On one end of the spectrum, there are those who subscribe to the ...
Let's talk: critical aspects of the anti-contact rule for lawyers.
Jan 01, 2009; ... I. Introduction Few issues in litigation are as contentious as lawyers' allegedly improper attempts at ex parte communications with parties or people so closely identified with parties that they may be considered off limits to informal discovery efforts. This is not a one-sided ...
Asbestos for the rest of us: the continued viability of statutes of repose in product liability.
Jan 01, 2009; ... INTRODUCTION Several writers have examined statutes of repose in the context of state-based product liability claims. Scholarship in this area generally centers on the constitutionality of product liability repose statutes, or commentary articulating the policy concerns implicit ...
Special masters, court-appointed experts and technical advisors in federal court.
Jan 01, 2009; ... SPECIAL MASTERS, court-appointed experts, and technical advisors are not unique to any particular area of litigation. This discussion has general application to all types of litigation and is intended to provide practical insights to the applicable provisions in the federal rules and case ...
Are pre-dispute jury trial waivers a bargain for employers over arbitration? It depends on the employee.
Jan 01, 2009; ... INTRODUCTION IN 1991, the Supreme Court issued an opinion that greatly impacted employment law and the resolution of employment disputes. The case of Gilmer v. Interstate/Johnson Lane Corp. became the groundbreaking decision in the movement favoring the enforcement of mandatory ...
Claims against professionals arising from real estate flipping schemes.
Jan 01, 2009; ... A prior version of this article was presented at an IADC Professional Liability Roundtable meeting in New York, New York in May 2007. I. What is Real Estate Flipping? THERE are two types of Real Estate Flipping: the legal and the illegal type of real property ...
The New Genetic Information Non-Discrimination Act.
Jan 01, 2009; ... This article originally appeared in the August 2008 IADC Appellate Practice Committee Newsletter. The recently enacted Genetic Information Nondiscrimination Act ("GINA") was drafted to prohibit the improper use of genetic information by both health insurers and employers. (1) In ...
Staying enforcement of a money judgment pending appeal: an overview.
Jan 01, 2009; ... This article originally appeared in the August 2008 IADC Appellate Practice Committee Newsletter. This article addresses one pressing issue that clients and defense counsel must confront after receiving an adverse verdict--can you avoid paying a money judgment while pursuing ...
Satisfying due process in obtaining jurisdiction over the foreign component part manufacturer.
Jan 01, 2009; ... This article originally appeared in the September 2008 Product Liability Committee Newsletter. When a product has allegedly caused property damage or personal injury, the injured party may initiate legal action against multiple defendants responsible for the manufacture of the ...
The lawyer as a facilitator.(President's page)
Oct 01, 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, at the invitation of John A. Millener, ...
IADC tenets of professionalism.(International Ass'n of Defense Counsel)
Oct 01, 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 hereby adopt these tenets and agree to abide ...
Pay discrimination claims after Ledbetter.
Oct 01, 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 during the 180/300-day charge filing period ....
Ethics and electronic discovery: new medium, same problems.
Oct 01, 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 ethical concerns of electronic discovery ...
Tort reform in America: abrogating the collateral source rule across the states.
Oct 01, 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 relief in personal injury tort actions. (1) ...
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)
Oct 01, 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, allowing putative class action lawsuits to be ...
Picking juries: questionnaires and beyond.
Oct 01, 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 laws of Alabama and West Virginia are featured ...
The test for causation in Canada: but for, but ... maybe not.
Oct 01, 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 both the confusion and the controversy, it is ...
Don't get mad, get even: practical strategies for dealing with retaliation claims by the plaintiff-employee.
Oct 01, 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 also gives her fewer work assignments. On her ...
Qui tam revisited: potential expansion of the False Claims Act.
Oct 01, 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 recently private citizens, (2) claiming fraud ...