Featured Issue

February 2010

The Boomerang Effect of Traffic Citations

The general idea of cause is that without which another thing, called the effect, cannot be.

Bifurcation of Civil Trials in Trucking Cases

When you and your client believe that bifurcation would prove useful, consider a motion at the start of a case and use discovery to develop arguments to support it.


For the Defense Archives

Featured Issue

January 2010

Lead Paint Injuries -- Causation and Discovery

The Defense attorney must educate the court as to the issues of general and specific causation and the need for non-party discovery.

Ruling in/Ruling out Differential Diagnosis

The more a court can be convinced to treat differential diagnosis as a real science and exercise its gatekeeper role under daubert, the more likely that science will rule in the end.


For the Defense Archives

Featured Issue

December 2009

Green Expectations: New Risks for Manufacturers Take Root

Understanding the nature of green certification and enhanced building performance expectations is critical to reduceliability exposures.

The CPSIA: New Development, Guidance, and Rulemaking

Manufacturers and importers are well-advised to familiarize themselves with new rules and begin implementing systems to ensure their compliance.


For the Defense Archives

Featured Issue

November 2009

From Twombly to Iqbal: The Rule 8 Revival of the Rule 12(b)(6) Motion

Recent decisions give defendants a real opportunity to preval early against groundless claims and avoid time-consuming and expensive discovery.

Coverage for Contractors under CGL Policies: Interpretations of "Property Damage" and "Occurrence"

Where damage has resulted from subcontractor work, attorneys must be aware of jurisdictional differences...


For the Defense Archives

Featured Issue

October 2009

Shadowboxing with Anonymous Consumers: The CPSC's Searchable Consumer Product Incident Database

Manufacturers can stay off the ropes by providing timely feedback to the CPSC on the potential consequences of unattributed consumer complaints, product identification issues and other hooks and jabs.


For the Defense Archives

Featured Issue

September 2009

ERISA Disability Benefits Litigtaion: The Diminishing Role of Rule 56

Nolan v. Heald College may significantly reduce the advantage to cousel representing plan administrators of moving for summary judgment in abuse of discretion cases.

Use of "Evidence" in Opening Statement: The Most Dangerous Weapon in a Litigator's Aresenal

For the Defense Archives

Featured Issue

August 2009

Enforceable Provisions? Contractual Arbitration in Elder-Abuse Claims

While typically courts prefer enforcing arbitration, when an elder is involved, this preference become more difficult to predict.

Practical Tips: Mediation of Catastrophic and Complex Claims

For the Defense Archives

Featured Issue

July 2009

Turning the Tide: The Viability of Medical Monitoring

After Sinclair, the once foreboding prospect of facing these claims has been somewhat ameliorated.

For Generic Drug Manufacturers: Viability of the Federal Preemption Defense Post-Levine

For the Defense Archives