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Category Archives: Global Tort Choice of Law Issues

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“Be Careful What You Wish For In Litigation” – Might that Rule Apply to the Iqbal/Twombly Pleading Standard ?

Posted in Comparative Law, Global Tort Choice of Law Issues, Litigation Funding. Litigation Industry
At a recent asbestos litigation conference, one of the speakers reminded everyone of the old maxim to  " be careful what you wish for"  in litigation. In that vein, consider the current US legislative battles about the Iqbal/Twombly pleading standard that makes it materially harder for plaintiff’s to allege a complain that withstands a motion… Continue Reading

Investment Losses Claims by Calpers and Others Against Ratings Agencies

Posted in Global Tort Choice of Law Issues, Negligent Provision of Information
Susan Beck has a great AmLaw summary article today with links to underlying complaints, and to a Wall Street Journal article on the same topic by Nathan Koppel. The articles explain that ratings agencies are defending claims by Calpers and others based in part on the notion that their pronouncements are constitutionally protected opinions that… Continue Reading

$ 1 Billion Class Action Suit for Mexican Investors Invokes Aiding + Abetting Claim Against Stanford Insurer and Broker

Posted in 2008-09 Financial Fiascos, Aiding + Abetting, Global Securities Litigation, Global Tort Choice of Law Issues
The AmLaw blog post here describes and includes a link to a newly filed complaint that seeks $ 1 billion and a class action for Mexican investors hurt by the Stanford ponzi scheme. The complaint invokes aiding and abetting claims against Willis and an insurance broker. Of note, the complaint was not filed by a… Continue Reading

Argentine Manufacturing Plant Workers Assert Asbestos Exposure Claims Against DuPont In Delaware

Posted in Asbestos litigation, Global Tort Choice of Law Issues, Global Tort Litigation
Per this article from Delaware Online: June 25, 2009DuPont sued over asbestos in ArgentinaEx-Lycra plant workers say they were exposedBy ANDREW EDER and AARON NATHANSThe News Journal DuPont Co. exposed workers in Argentina to asbestos until the late 1990s despite knowing the risks of the material, according to three lawsuits filed Wednesday in Delaware.The lawsuits… Continue Reading

“Libel Tourism” and England – Global Home for Libel Litigation ?

Posted in Forum Non Conveniens, Global Tort Choice of Law Issues, Global Tort Litigation
Who knew- apparently there is “libel tourism,” a concept I learned about from reading Walter Olson at Pointof Law and then reading a recent Wall Street Journal article for which he provided the link. The article arises from a libel judgment entered against a science writer (Mr. Singh) who commands the respect of the WSJ.… Continue Reading

Update – Upcoming US Trial for Claims by Nigerians Against Shell Under the Alien Tort Statute and the Torture Victim Protection Act

Posted in Global Tort Choice of Law Issues, Global Tort Litigation, Sovereigns
A May 29, 2009 law.com article by Mark Hamblett updates on this case. The update provides some additional legal commentary and indicates jury selection was delayed this week, perhaps for settlement talks. ______________________________________________A May 7, 2009 Law.com article by Mark Hamblett from the New York Law Joournal describes an upcoming trial for a fascinating “crimes… Continue Reading

Update – Madoff, Stanford, UBS, Account Holders & Suits Against Advisers in the Referral Chain

Posted in Clawback Claims, Global Tort Choice of Law Issues, Mass Tort Issues, Policy Issues, Referral Claims
Update: This post updates a Feb. 20 post. The new news is a Law.com article regarding a new Madoff-related lawsuit in Florida naming a feeder fund (Tremont) and KPMG as defendants for alleged failures in due diligence and monitoring of investments placed with Madoff. The same article includes links to yet another article on clawback… Continue Reading

Update on International Corporate Aiding and Abetting Liability Risks and the Alien Tort Statute

Posted in Class Actions, Global Tort Choice of Law Issues, Global Tort Litigation, Mass Tort Issues
When is a multinational at risk for “aiding and abetting” human rights violations? The answer is evolving. One case on the issue is Khulumani v. Barclay National Bank Ltd., 504 F.3d 254 (2d Cir. 2007). Recent developments are described in an interesting law.com article online as of today and written by Professor Georgene Vairo of… Continue Reading

Mr. Madoff and Global Choice of Law

Posted in Global Tort Choice of Law Issues, Global Tort Litigation, Mass Tort Issues
A prior post on this blog described some of the global choice of law issues arising from the Madoff fiasco. One set of issues will revolve around which nation’s law should be applied to decide claims regarding whether investment advisers had a duty to investigate Madoff’s operations, and how much investigation is required. The facts… Continue Reading