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

Category Archives: Litigation Industry

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When Your Blog Post Becomes a YouTube Item: The Mesothelioma Advertising Example

Posted in Asbestos, Litigation Industry
Amazing, and improper.  On October 6, 2015, I posted about MesoLawyersCare.   Recently, I stumbled onto a YouTube video that puts my words to music. Below, screenshots of part of the YouTube, and the text of my prior post.   “Meso Lawyers Care ” New Cooperative Marketing by Four Prominent Plaintiff Firms, and Some Investment in Mesothelioma… Continue Reading

Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders in Cross Border Toxic Tort Cases?

Posted in Asbestos, Jurisdiction, Litigation Industry
Jurisdiction for toxic tort suits remains a “hot topic.”  A new example arises from oral argument in a Delaware Supreme Court case involving claims of disease in Argentine farm families. The suit was filed by well known US plaintiff firms against big tobacco entities. The substantive issues go to whether an order of dismissal should… Continue Reading

Scenario Planning Versus Demanding Purported Certainty

Posted in Litigation Industry, Mass Tort Issues
How to think about the future, and the past? Some proclaim “certainty” essential and demand “proof” with confidence intervals at .05% or above. Others suggest we need more discussions about “scenario” instead of communicating about probabilities.  Outcomes related to Father Andrew’s car accident are used in a July 20, 2017 article in the NEJM to provide a… Continue Reading

1979 – 2017 – Value Assurance Plans for “Toxic” Property Damage Situations

Posted in Damages, Litigation Industry, Mass Tort Issues
A new “toxic tort” blog (by Bill Ruskin) launched with an interesting mini-review of the use of Value Assurance Plans as a means for defendants to resolve claims involving possible diminution in value of “contaminated” property. The review is in a July 27,  2017 post at the blog bearing his name.… Continue Reading

“American Pipe” Tolling Takes a Hit at SCOTUS; Consequences to be Determined

Posted in Litigation Industry, Mass Tort Issues, Statutes of Limitation
Late in June, SCOTUS knocked out “American Pipe” equitable tolling in a securities case, as explained in a June 27,  2017 post at Faegre Baker Daniels. This is a typical 5-4 Roberts court “bright line” ruling based on the literal language of the statute, with the usual justices on the usual side of the ruling.… Continue Reading

BMS is Out; Personal Jurisdiction Narrowed for “Mass Tort” Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues
As expected, SCOTUS used the BMS case to narrow the rules for the assertion of personal jurisdiction against a defendant.  Bexis provided the short version summary in a June 19, 2017 post at Drug & Device blog. Some defendants will be pleased but others are not pleased. Ditto for lawyers, on both sides. Inevitably, this… 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

Courts and Work Product Protection after Investigation of Cyber Hacks

Posted in Cyber security, Litigation Industry
What are courts saying about work product protection for reports on cyber hacks when the investigation was undertaken by a business hired by a law firm and class action plaintiffs are seeking access to the report? At least three courts have mainly sustained privilege claims, according to an interesting June 5, 2017 article by Shook… Continue Reading

Will You Pick Your Next Jury Using Relatively Instant Artificial Intelligence (AI)?

Posted in Artificial Intelligence (AI), Cancer, Litigation Industry, Mass Tort Issues
Suppose your next jury trial involves issues about cancer. Will you be able to use AI and big data – during jury selection – to quickly find all of a possible juror’s social media comments about cancer? Check out this April 26, 2017 article at Artificial Lawyer about a firm trying to make that happen.… 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

Got 500k Leukemia and Lymphoma Genomes?

Posted in Cancer, Litigation Industry, Mass Tort Issues
Imagine all the data, hypotheses and conclusions that will emerge from sequencing 500k biobanked leukemia and lymphoma tumors … Imagine the implications for workers compensation and civil litigation if there are associated work histories. Pasted below is the full text of the March 8, 2017 press release. ______________________ Munich Leukemia Laboratory Selects IBM Watson and… 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