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

Category Archives: Mass Tort Issues

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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

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

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

Comparison of EU and US Product Liability Law

Posted in Comparative Law, EU Developments, Mass Tort Issues
A slightly dated (2015) but now free article comparing US and EU law on product liability is described in a January 29, 2017 post at the TortsProfBlog. The introduction explains: “Lauren Sterrett has posted to SSRN Products Liability:  Advancements in European Union Product Liability Law and a Comparison between the EU and U.S. Regime.  The… Continue Reading

SCOTUS Takes Up Issues on Jurisdiction and Groups of Mass Tort Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues
Yet again, SCOTUS is taking up issues that matter for mass tort cases. This time it granted cert to look at the constitutional law and jurisdiction issues tangled up when groups of “mass tort” cases are concentrated in one venue.  The new issues arise out of pharma claims that do have more national overtones due… 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

Large Problems: Pfizer Goes Past $3.5 Billion in Payments of Fines and Settlements for Celebrex and Bextra

Posted in Litigation Industry, Mass Tort Issues
Some product liability losses are massive due to wide spread use and distribution of the products. For example, asbestos litigation is now predicted to cost insurers over $100 billion. Other large losses can arise from widely distributed drugs. For example, a  new settlement by Pfizer is for over $465 million, according to a December 21,… Continue Reading

Asbestos Plaintiff Lawyers Move Forward With Lawsuit Targeting The Estate of a Former Partner in a Defense Law Firm as an Alleged Conspirator With Travelers Insurance

Posted in Asbestos, Litigation Industry, Mass Tort Issues
Lawsuits against law firms continue to be part of the increasing complexities of asbestos litigation. A recent example arises from asbestos plaintiffs receiving – after a decade – permission to proceed with a lawsuit against the estate of a former partner at Arter & Hadden, a defense law firm that worked on cases for Combustion… Continue Reading

Peyton Manning, Multidisciplinary Teams, and $88 Million of New Talc Verdict Losses for Some Talc Defendants and Some Insurers

Posted in Asbestos, Cancer, Litigation Industry, Mass Tort Issues, Science
Last week brought $88 million of losses for insurers and others in “talc” verdicts. A recent talk by Peyton Manning to insurance executives highlights the need for multidisciplinary teams if insurers and others actually wish to have a more complete understanding of contingent risks, such as talc claims. Manning’s comments are described in an October… Continue Reading

An Insurance Underwriter’s View: Growing Global Class Actions, Litigation Funding, and the Harsh Realities for Defendants

Posted in Class Actions, Comparative Law, Litigation Industry, Mass Tort Issues
The growing breadth and depth of global class actions is explored in a September 20, 2016 post at D&O Diary. Riffing off of Professor Coffee’s recent article, Kevin LaCroix pulls together several of his past posts, along with other data and updates, including some interesting observations about class action developments in Asia, as well as… Continue Reading

Bike Brakes, Cancer and Mutated Genes: The Analogies Become More Complex With More Focus on Interactions Between Genes

Posted in Asbestos, Cancer, Litigation Industry, Mass Tort Issues, Science
                Deeply understanding interactions between genes is one of the next frontiers for molecular researchers. As a result of 15 years of work, researchers have now accomplished another big step for genetic understanding, and the result is being published this month. This new study establishes the general fact… Continue Reading

Class Action Certified Against State Farm in Court Manipulation Claims Arising from $1 Billion Verdict in Auto Parts Litigation

Posted in Litigation Industry, Mass Tort Issues
We live in interesting times as to the roles of money and influence in campaigns for office. In Illinois, the campaigns include elections of judges. Events related to a 2004 Illinois Supreme Court election are now at issue in a newly certified RICO class action against State Farm, which allegedly lied to the Illinois Supreme… Continue Reading

Now Online – The 2016 Version – New Science and Law in Asbestos Litigation, and Under-Reserved Insurers

Posted in Asbestos, Cancer, Litigation Industry, Mass Tort Issues, Science
Back in 2008, this blog started up because of my view that new and increasing intersections between science and law would drive many events, including the development and expansion of asbestos litigation.  Today, following and understanding the relevant science is even more daunting and complex  because of the exponential explosion in molecular science data and… Continue Reading

California and Illinois Courts Reject Drug Defendant Arguments in Mass Tort Jurisdiction Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues
Drug defendant positions on jurisdictional issues in “mass tort” cases were rejected yesterday and late last week in new rulings from appellate courts in California and Illinois in groups of Plavix and Paxil cases. The broader and more notable of the two is the ruling by the California Supreme Court.  The Illinois opinion is here,… Continue Reading