Case Notes
May 01, 2003
Highlights of the latest product liability cases from around the country.
Tackling the 'Runaway Job-eating Blob': The ABA Calls on Congress to Rein in Asbestos Claims
May 01, 2003
<b>The Crisis</b> The following phrases have been used recently to define the current state of asbestos litigation in the United States — a "pit," an "endless saga," a "runaway job-eating blob," an "elephantine mass." For those who practice in this litigation, the phrases ring true. The "crisis," by which it has accurately become known, is multi-faceted. Dockets are clogged; the vast majority of claims are brought by unimpaired individuals who prematurely sue to avoid the bar of the statute of limitations; claims are brought against new "target" defendants that never manufactured asbestos-containing products; claims are forum-shopped to plaintiff-friendly jurisdictions where the claimants never lived or worked to maximize damage verdicts; and plaintiffs are consolidated with thousands of other claimants whose lawsuits are wholly unrelated in respect to occupation, method of exposure, or disease. These tactics create an unwieldy mass that often puts defendants in the untenable position of having to pay to buy their peace, even where there has been no discovery. Enough said. The system has run amuck.
Online
May 01, 2003
As the article infra, page 1, discusses, attorneys who practice product liability law are not beyond the reach of the Sarbanes-Oxley Act. For a complete description of the SEC's proposed rules regarding the standards of professional conduct for attorneys appearing before the SEC, go to <i>www.sec.gov/rules/proposed/31-8186</i>. The site summarizes the rules proposed pursuant to Section 307 of the Sarbanes-Oxley Act of 2002, which requires the SEC (Commission) to prescribe minimum standards of professional conduct for attorneys appearing and practicing before the Commission in any way in the representation of issuers.
Understanding the Distinct Purpose and Meaning of First-Party Insurance
May 01, 2003
Like all contracts, insurance agreements are drafted and entered into in order to carry forward the intentions of the parties. Because parties negotiate first-party property insurance to protect interests that differ fundamentally from those covered by third-party liability insurance, third-party precedent is of limited — if any — relevance and utility in interpreting first-party insurance agreements.
E & O in the New Corporate Environment
May 01, 2003
Errors and Omissions (E&O) coverage protects policyholders in various professional occupations — such as the legal, medical, architectural, engineering, insurance, and accounting fields — against professional liability claims. This form of insurance, sometimes referred to as professional liability or malpractice insurance, covers economic damages resulting from an error, omission, or negligent act related to the rendering of professional services.
Case Briefs
May 01, 2003
Highlights of the latest insurance cases from around the country.
Father's Consent May Not Be Required for Adoption
May 01, 2003
After reviewing the facts regarding an unwed father's interest and involvement in his child's welfare, a New York family court held that a child care agency had met its burden to prove the father's consent was not needed to the adoption of his out-of-wedlock child.
Letter from the Chairman
May 01, 2003
This issue of the <i>The Matrimonial Strategist</i> marks the beginning of a new approach to informative, down to earth, practical and instructive articles as a resource and tool in the everyday practice of lawyers in the matrimonial field. Our editorial team plans to focus even more on new trends in the law, innovative legal ideas, and also "minefields" to avoid in representing clients in this highly emotionally charged field of law.
Beyond DNA: Equitable Parentage
May 01, 2003
Recently, there has been a rise in cases brought by fathers who want to maintain relationships with children who are not their biological offspring. For example, in a recent case, a mother was estopped from claiming her child did not belong to the man who had been his putative father, even though DNA tests indicated that he was not the biological father. This article explores the various approaches attorneys can use to help their clients in these circumstances.
