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GlobalTort

The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

Category Archives: Asbestos

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K&L Gates Explains: Who Will Be Handling Your [Asbestos] Claims Under Berkshire Hathaway’s Latest Retroactive Reinsurance Deals?

Posted in Asbestos, Insurance, Resolute
Berkshire’s appetite for asbestos claim revenue has generated numerous interesting deals, to the least. The latest pair of deals received some public analysis in a July 13, 2017 web site article by insurance coverage lawyers at K & L Gates.  The introduction describes the deals reviewed; see the full article for the conclusions. “Earlier this year,… Continue Reading

Manville Trust Transparency – Data from David Austern

Posted in Asbestos, Asbestos Bankruptcy, Cancer
In the good old days, there was more asbestos trust transparency as to overall statistics for the Manville Trust. One reason for the transparency was presentations by David Austern at asbestos litigation conferences. As an example, consider this detailed set of data showing claims by disease for the “pre-1995 period” up through 2001.  The data… Continue Reading

An Anti-Asbestos View of Prior Efforts to “Ban Asbestos”

Posted in Asbestos, Litigation Industry
With new events ahead as to whether/how to “ban” asbestos, it’s interesting to look back at other efforts on the same topic. To that end, consider this October 18, 2011 article by Laurie Kazan-Allen that provides an anti-asbestos perspective. Through a group known as the International Ban Asbestos Secretariat, Laurie has spent many years working… Continue Reading

Perrin Conferences May 15 Webinar: JURORS, GENOMICS AND TORT LITIGATION WEBINAR: BREAKING DOWN THE SCIENCE OF GENOMICS FOR JURORS, ATTORNEYS AND THE BENCH

Posted in Asbestos, Cancer
Researchers continue to identify more and more genes that appear relevant to development of mesothelioma. Are you experts and trial team ready? If not, consider the upcoming webinar described below. JURORS, GENOMICS AND TORT LITIGATION WEBINAR: BREAKING DOWN THE SCIENCE OF GENOMICS FOR JURORS, ATTORNEYS AND THE BENCH Monday, May 15, 2017 2:00 – 3:30pm… Continue Reading

SCOTUS Denies Cert for GM in the Ignition Switch Cases – Due Process in Bankruptcy Gets Rebooted to Some Degree

Posted in Asbestos, Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Litigation Industry, Mass Tort Issues
Due process in bankruptcy has been rebooted to some degree. How? Through SCOTUS’ April 24, 2017 denial of GM’s cert petition from the Second Circuit’s ruling against GM in the intersection between GM’s chapter 11 proceedings and the ignition switch cases. GM’s cert petition had been supported by the U.S. Chamber of Commerce and the… Continue Reading

Analysis of Personal Jurisdiction Arguments at SCOTUS on “Mass Tort” Cases

Posted in Asbestos, Jurisdiction, Litigation Industry, Mass Tort Issues
The following is a guest post from Maron Marvel Bradley Anderson & Tardy LLC. As always, the analysis is cogent and very much appreciated. HIGH COURT HEARS PERSONAL JURISDICTION ARGUMENTS April 25, 2017 – Washington, D.C. – Oral argument was heard today on two cases that may impact the application of the high court’s personal jurisdiction… Continue Reading

Not One, But Two, State Supreme Courts Uphold Strict Application of Daimler Last Week

Posted in Asbestos, Litigation Industry, Mass Tort Issues
A guest post from three of the many smart lawyers at Maron Marvel Bradley Anderson & Tardy LLC. Unlike me, they can keep up, and the knowledge and posts are very much appreciated. March 3, 2017 Not One, but Two, State Supreme Courts Uphold Strict Application of Daimler This Week by Stephanie A. Fox, Antoinette… Continue Reading

Jurors In Toxic Tort Litigation Take Genetics Seriously

Posted in Asbestos, Cancer, Litigation Industry, Mass Tort Issues, Science
In the shameless self-promotion department, another article on “omics” and torts. LAW360 kindly published this on February 21, 2017.  In my view, it’s critical for trial lawyers to get focused on a range of topics related to “omics” and toxic torts. Jurors In Toxic Tort Litigation Take Genetics Seriously Share us on: Law360, New York… Continue Reading

Simmons Hanly Names New Partners in Mass Tort Cases

Posted in Asbestos, Litigation Industry, Mass Tort Issues
From the January 17, 2017 Issue of the Chicago Daily Law Bulletin. It’s interesting to see practice areas as defined by a plaintiff’s firm. “Simmons Hanly Conroy LLC named Karoline B. Carstens, Warren Brent Copple, Kenneth P. Danzinger, Suvir Dhar, Ryan Dickherber, Michael Cody Favilla, John J. Foley, Courtney E. Harashe Gregory, Ryan J. Kiwala,… Continue Reading

Order on Damages in a UK Mesothelioma Case

Posted in Asbestos, Caps on Damages, Damages, International Asbestos
Comparing mesothelioma cases damages in the UK to similar damages in the US usually produces some amazement. A January 13, 2017 UK trial court ruling is online here, and well worth reading for comparative purposes. The case involves a successful entrepreneur, now in mid-70s, and fated to die of pleural and peritoneal mesothelioma from tradesman… Continue Reading

Sole Proximate Cause in Illinois – the Journey Continues

Posted in Asbestos, Litigation Industry
The journey continues in Illinois on “sole proximate cause.” In Madison County, an ongoing trial presents contested issues regarding “sole proximate cause” in the context of asbestos litigation. The case is described in a February 15, 2017 article at Madison-St. Clair record. The journey also is ongoing in more general cases at the appellate level.… Continue Reading

Biomarker Exposure Tests Will Revolutionize Toxic Torts (Shameless Self Promotion)

Posted in Asbestos, Litigation Industry, Mass Tort Issues, Science
A bit of shameless self promotion for me and colleagues at Innovative Science Solutions. This week brought us 15 seconds of “fame” through publication of a February 7, 2017 article in a widely read national legal publication known as LAW360. The article focuses on the molecular biology revolution moving slowly but steadily into litigation involving… Continue Reading

Delaware Court Holds Manufacturer Has No Duty in Take Home Exposure Case

Posted in Asbestos, Cancer, Mass Tort Issues
The following is a guest post by Paul A. Bradley of Maron Marvel Bradley Anderson & Tardy LLC.  A decision from Delaware Superior Court Judge Vivian Medinilla extends Delaware’s no duty for take home asbestos exposure to product manufacturers. The Delaware Superior Court ruled on February 2, 2017, that a manufacturer does not owe a duty… Continue Reading

Illumina Introduces the Sequencing Machine It Says Will Take Us to the $100 Genome

Posted in Asbestos, Cancer, Litigation Industry
The first genome cost $3-4 billion, and took over a decade; one can debate the specifics.  Times change. Last week, the world leader in gene sequencing (Illumina) announced a new sequencing machine that it says will yield a $100 genome within a decade, as described in articles everywhere. For example, see this January 9, 2017… Continue Reading

Finding Cancer Very Early: Grail and Illumina Start Another Year with Another Notable Step Forward

Posted in Asbestos, Cancer, Litigation Industry, Science
One year ago, Illumina announced a stunning goal: find all cancers very early (stage 1 or 2) through use of massive computing power and artificial intelligence to find mutated cells circulating in a small blood sample. The lead backers of the effort are the world leader in gene sequencing (Illumina), Bill Gates and Jeff Bezos… Continue Reading

Swiss Create New Fund to Pay Compensation to Persons with Asbestos Related Diseases

Posted in Asbestos, Asbestos Trusts, International Asbestos, Litigation Industry
As reported by Laurie Kazan Allen at the IBAS web site and in other places, a new fund has been created in Switzerland to pay compensation to persons suffering from asbestos-related diseases. The Swiss Info channel reported the news in a December 19, 2016 online article. The following are excerpts from the article: “A CHF100… Continue Reading

Hartford Closes Out 2016 With $420+ Million Charge for More Asbestos Losses

Posted in Asbestos, Asbestos Bankruptcy, Insurance
As previously predicted by yours truly and other members of a multidisciplinary team, asbestos losses continue to rise for insurance companies. To start 2017, Hartford announced a $423 million charge to expand its coverage from NICO/Resolute.  Note that the price of the coverage is essentially 43 cents on the dollar. That’s notably more expensive than… Continue Reading

2017 May Bring an End to the US Federal Version of the Ancient Document Hearsay Exception

Posted in Asbestos, Comparative Law, Evidence, Litigation Industry, Mass Tort Issues, Science
2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s December 28, 2016 blog article regarding the likelihood that 2017 will bring an end to the federal rule for the ancient document exception to the hearsay rule. The article… Continue Reading