GlobalTort

GlobalTort

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

Category Archives: Mass Tort Issues

Subscribe to Mass Tort Issues RSS Feed

“Breakthrough may lead to ability to diagnose CTE in living football players”

Posted in Mass Tort Issues, Science
Yet another example of how biomarkers evolve, and could matter for litigation over alleged or actual injuries, as set out in a September 26, 2017 article in the Washington Post. “By Rick Maese September 26 at 2:00 PM In one of the biggest breakthroughs to date, researchers from Boston University School of Medicine have discovered a key… Continue Reading

Scientific Testing – Talc Example

Posted in Mass Tort Issues, Science
Talc litigation is providing yet another example of the reality that product liability litigation can be complicated by multiple parties seeking access to limited amounts of materials. The materials may be biopsy materials from people or samples of products. An August 28, 2017 article from LAW360 provides the headline story, with a couple of quotes below.  J&J… 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

Takata Has Moved for a Futures Representative, But Who Are The Constituents?

Posted in Futures Reps, Mass Tort Issues, Policy Issues
Interesting topics are raised by a motion by Takata for appointment of Roger Frankel as a futures representative in Takata’s chapter 11 case. The case arose from Takata paying out massive amounts to pay for products recalls demanded by governments and car companies. In the motion, Takata refers to appointment of Mr. Frankel  to advocate… Continue Reading

New Science Matters – NFL Players and CTE – 110 Out of 111 Show CTE, in a Not Random Set

Posted in Mass Tort Issues, Science
Does new science matter? Ask the NFL.  “A neuropathologist has examined the brains of 111 N.F.L. players — and 110 were found to have C.T.E., the degenerative disease linked to repeated blows to the head,” as described in a July 25, 2017 NYT article by Joe Ward, Josh Williams and Sam Manchester.  It’s an “interactive” story… Continue Reading

Thalidomide Compensation Continues to Evolve In Canada

Posted in Mass Tort Issues
In March 2015, the Canadian government acknowledged that known victims of thalidomide needed services and medical care they could not possibly afford, and agreed to provide money for such programs. A program was established under the name the Thalidomide Survivors Contribution Program; it has a more or less “official” web site at http://www.tscp-pcst.ca/homeeng.html. Subsequently, the… 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

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

Smoking, Epigenetics and Autism – Epigenetic Links?

Posted in Mass Tort Issues, Science
The ongoing revolution in molecular science will help answer fascinating questions, such as why is there is more materially more autism among granddaughters of smokers. The answers, in turn, could have profound effects on business practices and product liability litigation. An April 28, 2017 article at Science Daily outlines the question as to smoking and… 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

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