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

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Lyondell Claims Benzene Claims are Barred by Prior Chapter 11 Plan and Injunction
Defendants related to uber-sized Lyondell Chemical are now seeking to use a recent chapter 11 injunction to try to bar claims that...

Kirk Hartley
Jun 10, 20151 min read
SCOTUS and Bankruptcy Court Jurisdiction Regarding Adjudication of Claims Related to Mass Tort Bankr
The Stern related opinions continue from SCOTUS. It will be interesting to see the impact for mass tort bankruptcies. A May 26, 2015...

Kirk Hartley
May 26, 20151 min read
The Newest Rand Report Related to Asbestos: “Bankruptcy’s Effect on Product Identificati
Rand’s latest is out. See below: Bankruptcy’s Effect on Product Identification in Asbestos Personal Injury Cases This report investigates...

Kirk Hartley
May 21, 20151 min read
Garlock Spin Wars Are Underway
The press release is online.

Kirk Hartley
Mar 10, 20151 min read
“Unsealed Garlock documents could be ‘double-edged sword’”
There are many double-edged swords in mass tort litigation. Some people see them, and some do not, too often because of a propensity for...

Kirk Hartley
Nov 25, 20141 min read
“Asbestos Exposure, Pleural Plaques and the Risk of Death from Lung Cancer”
A new abstract on pleural plaques and subsequent lung cancers. Longer term studies do matter. So do more CT scans. Am J Respir Crit Care...

Kirk Hartley
Nov 14, 20142 min read
Medicare Highly Likely to Start Paying for Low Dose CT Scans for Current and Some Former Smokers
Through the procedures of CMS under the statute governing regarding Medicare, there is news that Medicare is highly likely to start...

Kirk Hartley
Nov 12, 20145 min read
The Garlock Chess Game: Belluck Firm Seeks a New York Federal Court Forum for Allegedly Fraudulent
Garlock has grown to like North Carolina courts. The Belluck asbestos plaintiff’s firm, not so much. The result is what would appear to...

Kirk Hartley
Nov 3, 20141 min read
Hearing Transcript – Unsealing Everything (except some medical records)
Here is the transcript from the October 16, 2014 hearing at which the Garlock record was ordered unsealed.

Kirk Hartley
Oct 29, 20141 min read
Videos – Best of iMig Day 1 – For Chrysotile Defendants, Good News and Not So Good News
iMig has posted videos of plenary sessions from Day 1 iMig 2014, and summaries of some other sessions. Best of Imig 2014 – Day 1 is...

Kirk Hartley
Oct 23, 20142 min read
Costs of the Asbestos Wars – the Garlock Bankruptcy Professional Fees are at $105 Million, and
As RAND and others long ago explained, the asbestos litigation wars generate massive expenses. With aggregate professional fees now at...

Kirk Hartley
Sep 2, 20144 min read
Limiting Bankruptcy Court Exculpations Against Liability – Objections from a US Trustee to Req
Bankruptcy lawyers are seldom shy in asking for too much in chapter 11 plan confirmation orders. And, too often, the lawyers and their...

Kirk Hartley
Jul 31, 20141 min read
The Asbestos Bankruptcy Saga Continues – Where Are They Now, Part VII
Mark Plevin, Leslie Davis, Tacie Yoon and Rebecaa Suarez are the authors of the seventh edition of the valuable series of papers...

Kirk Hartley
Jul 28, 20141 min read
Garlock Ruling Is Out – The Trial Is Unsealed, and More
The Garlock trial sealing order has been reversed. The order also provides that one judge will oversee Garlock’s claims against...

Kirk Hartley
Jul 24, 20141 min read
Travelers is Running Out of Rope in the Important Ongoing Saga from the Manville Bankruptcy
Due to a Second Circuit ruling yesterday, Travelers is about out of rope in its effort to avoid paying $500 million to asbestos...

Kirk Hartley
Jul 23, 20141 min read
Documenting the Journey Towards Connecting the Tort System to the Trust Claiming System – Defe
Messrs. Cohn, Shelley and Arnold are back with a valuable new article: The Need for Further Transparency Between the Tort System and...

Kirk Hartley
Jun 25, 20141 min read
An Important New Paper on Mesotheliomas: “Germline Mutation of Bap1 Accelerates Development of
A June 13, 2014 paper by Dr. Joseph Testa and colleagues expands the ongoing investigation into the relationships among mesothelioma,...

Kirk Hartley
Jun 24, 20142 min read
GM To Waive At Least Some Theoretic Bankruptcy Defense to Claims Arising from Ignition Switch Defect
Are bankruptcy court injunctions enforceable when they cut off personal injury claims and related rights of co-defendants without...

Kirk Hartley
Jun 20, 20141 min read
Is it Ok to Enforce Bankruptcy Court Sealing Deals? No, Says SDNY Chief Bankruptcy Judge Morris
Bankruptcy court usually is an adventure, and too often, much of it is off the record. In the Garlock bankruptcy proceedings, the...

Kirk Hartley
Mar 31, 20143 min read
Garlock Goes On – Asbestos Plaintiff’s Lawyers Act Like Defendants, Argue a Catch-22, an
You know something’s haywire when a Catch-22 enters a courtroom, and plaintiffs start acting like defendants, and vice versa. So it goes...

Kirk Hartley
Mar 20, 20142 min read
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