Litigation

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Pure self-interest seemingly motivates parties in the adversarial system; but insurance presents a twist on that common understanding when it comes to litigation over coverage. That is because courts have held that a coverage action does not terminate certain obligations existing between an insured and its insurer ' even with respect to the particular claim at issue in the coverage dispute. With increasing frequency, aggressive attorneys representing policyholders argue that, despite traditional common law or statutory litigation and settlement privileges and protections, an insurer's conduct during a coverage lawsuit should be scrutinized with the aim of identifying evidence of 'bad faith' that can be used against the insurer.

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In litigation involving computers and information systems, some technical knowledge can deliver real power. With knowledge of how data sets relate to one another, a lawyer can find caches of relevant data.

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In this month's article, Michael LoGiudice examines instances of financial experts being challenged and excluded from cases ' and how to avoid exclusion. We reprint the first two sections of February's article for background and continuity.

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Highlights of the latest product liability cases from around the country.

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Recent rulings that may affect your business.

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Recent rulings of interest.

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Medical monitoring is often pursued as a claim in class actions against corporate defendants based on exposures to environmental pollutants or products that allegedly have the potential to cause future health problems. Because medical monitoring is an exception to the general requirement that the plaintiff must have a present injury in order to pursue a claim, many jurisdictions have adopted strict elements that a plaintiff must satisfy in order to succeed on a medical monitoring claim. These elements often require the court to consider issues specific to individual plaintiffs, particularly aspects of each plaintiff's medical history that have an impact on the need for or the extent of the proposed medical monitoring. As a result of these individual medical issues, many courts in recent years have refused to certify medical monitoring class actions. <i>See, e.g., Ball v. Union Carbide Corp.</i>, 385 F.3d 713, 727-28 (6th Cir. 2004); <i>Zinser v. Accufix Research Inst., Inc.</i>, 253 F. 3d 1180, 1195-96, <i>amended,</i> 273 F.3d 1266 (9th Cir. 2001); <i>Barnes v. Am. Tobacco Co.</i>, 161 F.3d 127, 143 (3d Cir. 1998); <i>Boughton v. Cotter Corp.</i>, 65 F.3d 823, 827 (10th Cir. 1995).

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Employers go to great lengths and expense to reduce their potential exposure to employment-related claims. Most employers implement policies to address the myriad and growing federal, state, and local employment laws; regularly conduct employee EEO training; hire qualified human resources professionals and in-house attorneys with expertise in employment law; and regularly seek advice and assistance from outside counsel concerning these prophylactic measures. The purpose of this article is to apprise readers of a fast, simple, and inexpensive way to reduce their exposure to certain types of employment-related claims through the inclusion of an express waiver ('Waiver') in an employment application or other document signed by applicants or employees. The Waiver contractually reduces to six (6) months the time period within which certain types of employment-related claims must be filed and waives any statute of limitations to the contrary, thereby significantly reducing the number of timely-filed claims and, consequently, the employer's potential exposure.