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

Category Archives: James Hardie

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James Hardie Appeal Arguments Are Underway – Should Outside Counsel Have Been a Witness ?

Posted in Asbestos, James Hardie
As described here in an Australian newspaper article, the James Hardie appeal is underway regarding disclosure issues regarding its asbestos risks and plans for managing the situation.  The case is one of two important cases on appeal in Australia.  For more background on the issues, see this long prior post or any of the many… Continue Reading

Non-Dry Looks at Business History, Including James Hardie – A New Book: “Killer Company”

Posted in Australia, James Hardie
Back to Australia, asbestos and James Hardie. As described in this prior post, a rather dry paper by KPMG describes the history of James Hardie and its many intersections with asbestos and asbestos-containing products. That dry look is of course needed and appropriate in the sense that decisions need to be made based on technical information. There are other… Continue Reading

The James Hardie Saga – Tax Regulator Will Gain Access to Asbestos Papers

Posted in Asbestos Trusts, James Hardie
James Hardie’s asbestos trust continues to create issues. Here is an article regarding the Australian tax regulator seeking and gaining access to asbestos-related papers, apparently including papers exchanged with its accountants. Trusts are plainly an excellent concept for resolving asbestos and other toxic tort claims without massive litigation waste, but they are indeed complex undertakings.… Continue Reading

Update: The Difficulties of Managing Contingent Liabilities – Now James Hardie Is Hit with the Burden of $ 14 Million Verdict for Antitrust Violations

Posted in Asbestos Trusts, James Hardie, Reputation Risk, Securities and Asbestos
The Australian version of the WSJ has an interesting article by a McKinnsey consultant writing about corporate reputation risk, with the article somewhat tied back to James Hardie. An interesting read. _________________________________________________________ Contingent liabilities are not easy to manage, as exmplified by this month’s events for James Hardie. To begin with, its business is down… Continue Reading

Updated – James Hardie – Links to the Opinion/Judgment, the Charges by the AU SEC and a Tally on the Outcomes

Posted in Asbestos Trusts, James Hardie, Policy Issues, Securities and Asbestos
The Australian SEC – known as ASIC – has posted on its website the charges it filed, and a document summarizing which charges were sustained and which were dismissed. All of the charges relate in one way or the other to James Hardie’s contingent risks regarding asbestos claims. Update: The opinion/judgment is available here.… Continue Reading