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

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Some Success: Other Observers Are Now Looking at the Big Picture Beyond Asbestos as Illustrated by
It’s great to see and feel a message starting to get through, as illustrated by legal media coverage of last week’s Perrin asbestos...

Kirk Hartley
Jun 26, 20106 min read
GAO Asked to Study Secrecy in Asbestos Bankruptcy Trust Administration
Although long overdue, it’s once again good to see growing attention focused on the lack of transparency and accountability with respect...

Kirk Hartley
Apr 30, 20102 min read
Recommended Reading on Torts – “Courting Failure: How Competition for Big Cases is Corr
Spring break included time to read several books. Some are relevant to a GlobalTort topics, including one highly relevant to the deep...

Kirk Hartley
Apr 19, 20104 min read
Appeal Confirms Rejection of Asbestos Bankruptcy Plan as Collusive and In Bad Faith
As described in this prior post of a little less than a year ago, a bankruptcy judge in Pennsylvania last year wrote a cogent opinion...

Kirk Hartley
Mar 29, 20103 min read
Some State Court Asbestos Trial Judges Moving Forward To Account for Billions in Asbestos Bankuptcy
As explained before in many posts categorized under "asbestos bankruptcy," the situation in the US today is that we have two different...

Kirk Hartley
Mar 4, 20103 min read
Schemes of Arrangement – CSR’s Demerger Effort Thwarted by Objections Regarding Its Pote
What a great legal term of art – "scheme of arrangement." The term has multiple but related nuanced meanings and applications because...

Kirk Hartley
Feb 18, 201010 min read
Cross Claiming Among Asbestos Defendants and Asbestos Trusts – A $ 2 Million (AU) Mesothelioma
Pasted below are key excerpts from a February 18 Wall Street Journal Australia article by Miland Rout which provides news of a $ 2...

Kirk Hartley
Feb 18, 20106 min read
How Often Does Manville Trust Diagnose (and Pay?) Claims 37 Years After Death ?
Today, a new example of issues that arise from secrecy in asbestos litigation. The question in short: How often do asbestos trusts...

Kirk Hartley
Feb 7, 20104 min read
Mass Tort Battles Ahead – New Thinking and Arguments, UK Report Endorses Litigation Funding, a
I’m setting aside James Hardie and Australia for a few days. News on Friday provides a great springboard for some comments in the same...

Kirk Hartley
Jan 25, 20107 min read
Australia and Asbestos – The James Hardie Saga, Its Asbestos Claim Payment Foundation –
Now it’s west (from Chicago) to Australia, asbestos and the public company fiber cement business commonly known as James Hardie. The...

Kirk Hartley
Jan 21, 20103 min read
Example of Why It May Pay to Give Effective Global Notice in Asbestos Bankruptcies
Here is an article from Japan this week that reports on finding Libby Mines vermiculite in buildings in Japan. The article claims the...

Kirk Hartley
Nov 13, 20092 min read
Travelers/Manville Remand – 2d Circuit Argument is Thursday October 22 at 2:00 PM
The Supreme Court’s Manville/Travelers opinion was quite narrow (some might say advisory) and resulted in a remand of the case to the 2d...

Kirk Hartley
Oct 22, 20091 min read
Transcript of June 25 GM Hearing on Withdrawal of Request for Asbestos Futures Representative
As a result of bugging the clerk’s office and the court reporter’s office, the transparency-blocking 90 day veil has now been lifted...

Kirk Hartley
Oct 10, 20091 min read
Asbestos – UK – Update on Various Topics
I’m headed to London this weekend to chair an asbestos litigation conference starting On Tuesday the 29th, so this seems a good time for...

Kirk Hartley
Sep 26, 20094 min read
Quigley/Pfizer Asbestos Bankruptcy Trial Underway and Highlights Deep Flaws in the Chapter 11 Proces
This article from Bloomberg describes the start of the confirmation trial in the Pfizer/Quigley asbestos bankruptcy and reviews the case...

Kirk Hartley
Sep 24, 20093 min read
Will There Soon Be Another Chapter 11 Tort Claim Trust for Chinese Drywall Claims Against an Insolve
This summer brought the Chrysler and GM chapter 11 cases in which bankruptcy courts issued wide-ranging injunctions that seek to block...

Kirk Hartley
Sep 23, 20095 min read
Update on Bates White Paper on Impact of Asbestos Bankruptcies
Now online here at no expense is a new paper by the economists at Bates White. The paper is titled “The Naming Game” and is well-worth...

Kirk Hartley
Sep 18, 20091 min read
Update on GM and Chrysler as to Asbestos Claims
An update seems appropriate in light of the “new” cert petition filed in early September, and comments this week from the asbestos...

Kirk Hartley
Sep 17, 20092 min read
Oh What Chapter 11 Could Do for a Soon to be Bankrupt Asbestos Mining Firm
Looks like another asbestos bankruptcy is ahead. This bankruptcy apparently will involve an asbestos mine in Zimbabwe, according to this...

Kirk Hartley
Sep 8, 20093 min read
New Bates White Paper on Asbestos Litigation, Bankruptcy Trusts, and Plaintiff’s Habits in Nam
Just in time for upcoming asbestos litigation seminars. the economists at Bates White have issued a new report on asbestos litigation,...

Kirk Hartley
Sep 7, 20091 min read
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