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

Category Archives: Propensity to Claim

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More on the Palermo Claim to the Manville Trust 37 Years After Death

Posted in Asbestos Trusts, Propensity to Claim
Thanks to information contributed by professional contacts, more information is coming out regarding the previously described "Palermo" claim to the Manville Trust, and a related federal court lawsuit against the DII Trust by the same claimant. The claims are unique because they are being made over the last four or so years, some 37 years after Mr. Palermo’s death… Continue Reading

New Science – Exhaled breath condensate biomarkers in asbestos-related lung disorders

Posted in Asbestos, Propensity to Claim, Science
Remember those controversies about biased doctors misreading reading x-rays to find asbestosis or “pleural changes consistent with exposure”  to asbestos or silica ?  New science will bring new controversies – see below for a recent article on using biomarkers in exhaled breath to find asbestosis. Here is the online source of the abstract pasted below. _____________________________________________________________________________ Exhaled breath… Continue Reading

Scottish Trial Court Upholds Legislation Reinstating Pleural Plaques Claiming for Scotland (Statute Also Applies to Asbestosis and Pleural Thickening)

Posted in EU Developments, Pleural Plaques, Policy Issues, Propensity to Claim
A hat tip to Business Insurance for an email alert on Friday advising that a Scottish trial court had just issued an opinion rejecting insurer challenges to Scottish legislation reinstating claiming for pleural plaques. The article is here; it mainly says the insurers are not happy and may appeal. The opinion is online here at… Continue Reading

Global Asbestos Claiming – Report on Asbestos Litigation in Nine Nations – Munich Re’s Major Compilation of Information

Posted in Asbestos, Asia, EU Developments, Global Tort Litigation, Insurance Coverage for Tort Claims, International Asbestos, Japan, Litigation Industry, Propensity to Claim, Risk Management, Sovereigns
Here is the online image of Munich Re’s recent, comprehensive report on asbestos litigation, Asbestos: Anatomy of a Mass Tort. The 112 page report is authored by Nicholas Roenneberg, and is Order number 302-06142. The report can be downloaded and printed from this page.The same page, on the right hand side, allows you to order… Continue Reading

Propensity to Claim – By the Government – What’s Ahead ?

Posted in Litigation Industry, Propensity to Claim
Lawyers thinking about mass tort policy and legal issues inevitably end up thinking and talking about private claimants and their propensity to claim. A growing topic today is the federal government’s propensity to claim. During the Bush II years, much of corporate America had little fear regarding civil or criminal claims from the US government.… Continue Reading

Whocanisue.com Founder Provides a Comment/Information on its Structure

Posted in Litigation Industry, Propensity to Claim
When reading other blogs, I tend to miss comments on the posts, so te purposed of this post is to highlight a “comment” provided yesterday by Mr. Wolfe, of whocanisue.com. See the comment below yesterday’s post or the full text is pasted below: Curtis Wolfe said… I’m the founder of whocanisue.com. I want to clarify… Continue Reading

Massachusetts High Court Ruling Approves a New Medical Monitoring Claim Involving Smokers, Low Dose CT Scans and Cellular Changes

Posted in Litigation Industry, Medical Monitoring, Propensity to Claim
Today was not a good day for the tobacco industry or certain other “mass tort” defendants and/or insurers involved with cancer claiming. Why? Despite opposition briefs from almost every major defense group in the US (see n.4), the Massachusetts Supreme Court today issued a unanimous opinion approving a tort claim to obtain medical monitoring using… Continue Reading

Contingency Fees in Europe – Spain’s Supreme Court Allows Contingency Fees and Thus Increases the Pressures on Other Nations

Posted in Contingent Fees, Litigation Funding. Litigation Industry, Propensity to Claim
I’m back to work after enjoying about 10 days of travel in Europe. Each day of the trip revolved around law in one way or the other and provided some great opportinuties for learning It was great to meet new people and exchange ideas and information about legal systems and law around the world. On… Continue Reading

CSX Moving Towards Trial on Claims Against West Virginia Asbestos Plaintiff’s Firm Peirce, Raimond & Coulter and Radiologist Ray Harron

Posted in Asbestos litigation, Propensity to Claim
An article by Steve Korris in the Madison County Dail Record provides an update on CSX’s lawsuit targeting the Pittsburgh-based Peirce, Raimond plaintiff’s law firm and radiologist Ray Harron, one of the doctors identified by many as facilitating bogus claiming. The case is set for trial in August on CSX’s claims that in essence accuse… Continue Reading

Another Mass Tort Bankruptcy, Sort of – Chinese Drywall and the Chapter 11 filed by Builder WCI

Posted in Constitutional Law/Mass Tort Law, Mass Tort Bankruptcy, Propensity to Claim
Chinese drywall claims are emerging as a would-be class action issues in the WCI Communities chapter 11 case pending in Delaware. Would be class representatives filed papers seeking permission to present a class proof of claim. WCI has now responded with a brief opposing the class. The opposition is routine in the sense that it… Continue Reading

London Delays Its Decision on Pleural Plaques Legislation

Posted in Asbestos litigation, EU Developments, Global Tort Litigation, Pleural Plaques, Propensity to Claim
This May 12, 2009 post updates a post of Wednesday, April 22, 2009 regarding pleural plaques and asbestos issues in the UK. The UK press is now reporting that the UK government has now publicly stated that it will not make its decision on pleural plaques legislation until some time prior to Parliament’s summer recess.… Continue Reading

UK Pleural Plaques – Developments in Scotland and London

Posted in Asbestos litigation, EU Developments, Mass Tort Issues, Policy Issues, Propensity to Claim
The battle over pleural plaques claiming is continuing to evolve in the UK With respect to the Scottish legislation allowing renewed pleural plaques claiming, an April 21, 2009 Business Insurance article by Sarah Veysey reports that four insurers have now filed the promised lawsuit challenging the pleural plaques legislation in Scotland. The article states: “the… Continue Reading

Response to Wonk 411 Comment Seeking to Justify Part of the GIT Result

Posted in Asbestos, Asbestos Bankruptcy, Propensity to Claim
Wonk 411 posted a comment regarding my April 7 post on GIT. You can read the full comment under the post. In essence, Wonk 411 trys to justify the GIT result by suggesting that silica exposures are different than asbestos exposures because some silica exposures may be ongoing. Wonk is right that silica exposures may… Continue Reading

American Plaintiff’s Lawyers Seeking New Markets Target Global Shipyards for Claiming, Including Claiming Against US Asbestos Trusts

Posted in Asbestos, Asbestos Trusts, Propensity to Claim
Are American lawyers going abroad to seek out new asbestos claimants? Of course they are. Like any business person, they are seeking new markets. Shipyards in Europe provide concrete examples. In particular, a March 24, 2009 article describes an American plaintiff’s lawyer, Mitchell Cohen, speaking to shipyards workers in Malta, with the group apparently having… Continue Reading

Manville Asbestos Trust Reducing Transparency on its Asbestos Claims Data

Posted in Asbestos Bankruptcy, Exiting the Tort System, Policy Issues, Propensity to Claim
— See also March 11, 2009 update on the entry below ——- ___________________________________________________________________ Today’s entry is unusual, and arises because of fact research I undertook in preparation for a presentation as part of panel focused on “global asbestos claiming” at a March 9-11 BVR/Mealeys seminar on Emerging Trends in Asbestos Litigation. Why write about fact… Continue Reading

UK Government to Speak “Soon” on Whether to Support Payments for Persons With Pleural Plaques Attributed to Asbestos Inhalation

Posted in Asbestos, Global Tort Litigation, Mass Tort Issues, Policy Issues, Propensity to Claim
A prior post on this blog described the UK government issuing a Consultation paper requesting views and information on, among other things, whether it should support legisaltion to cause compensation to be payable persons diagnosed as having pleural plaques attributed to asbestos inhalation. The UK government had said it would provide its position during November… Continue Reading

Asbestos Litigation – Will the UK Reinstate Compensation for Pleural Plaques ?

Posted in Asbestos, Global Tort Litigation, Insurance Coverage for Tort Claims, Propensity to Claim, Science
How should governments and courts decide/define when persons have a condition that should warrant payment of compensation through tort claims or through government agency programs ? The question is relevant in many settings, but the issues I know best relate to asbestos litigation. The question is presently the subject of discussion in a variety of… Continue Reading

5th Circuit Weighs in on Rocket Dockets, Venue and Forum Shopping

Posted in Mass Tort Issues, Policy Issues, Product Liability, Propensity to Claim
A new en banc 5th Circuit opinion from a strongly divided court grants the extraordinary remedy of mandamus to overturn perceived forum shopping related to a “rocket docket” in the Eastern District of Texas. Much is being made of this opinion in many contexts, including patent law and product liability cases. Opinions on venues and… Continue Reading

More Asbestos Claiming ? British Government Asks for Views on Pleural Plaques Compensation Issues

Posted in Asbestos litigation, Mass Tort Issues, Propensity to Claim
Global tort litigation issues continue to evolve. Last fall, the UK’s highest court decided that it would not permit recovery of money as compensation for persons found to have “pleural plaques.” Pleural plaques are generally deemed benign markers of past inhalation of asbestos fibers. Now, on July 9, the British government issued a request for… Continue Reading

Update – Japanese Asbestos Litigation Ramps Up – Suit by 178 Plaintiffs Names 46 Companies and Government as Defendants

Posted in Asbestos litigation, Japan, Propensity to Claim
In a prior article of May 18, we noted an asbestos lawsuit in Japan. Since then, the lawsuit has not received much press, nor has there been a public annoucment of the filing of the second lawsuit that was indicated when the existing lawsuit was filed. My efforts to obtain the complaint from the plaintiff’s… Continue Reading

Mass Tort Claims – Do Shrinking Jobs and Insurance Benefits Increase Propensity to Claim ?

Posted in Mass Tort Issues, Propensity to Claim
Recent news has been full of stories about rapid general inflation around the world, especially increased food costs leading to protests (and worse) around the globe. Today’s news also include an article from the NYT that details soaring co-payment expenses in the US. For a tort lawyer, these articles bring to mind an ongoing tort… Continue Reading