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

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Chrysler Opinion by 2d Circuit – Todd Brown Comments On the Sacrifice of Rights of Future Clai
Todd Brown is a former defense-side lawyer (Wilmer Hale and Jones Day) now teaching law in Buffalo after a stint at Temple. Mr. Brown has...

Kirk Hartley
Aug 24, 20092 min read
W.R. Grace, Solvency Findings, Asbestos Liability Estimates, and Injunctions that Bind Others
Today’s post follows up on this August 13 post regarding asbestos plaintiff’s lawyers asking the Court to order the rest of the world not...

Kirk Hartley
Aug 24, 20094 min read
Asbestos Plaintiff’s Lawyers Ask W.R. Grace Bankruptcy Court to Order that Its Findings –
The W. R. Grace chapter 11 case has produced a striking motion that highlights the too often bizarre and unconstitutional nature of much...

Kirk Hartley
Aug 13, 20099 min read
# 2 – Want More on the Interplay Between Asbestos Trusts and Litigation ? Attend the Lexis/Nex
(Caveat – the following includes shameless self-promotion.) Asbestos litigation, and asbestos trust issues, are no longer uniquely...

Kirk Hartley
Aug 13, 20092 min read
Want More on the Interplay Between Asbestos Trusts and Judicial Proceedings ? Go to the HB Asbestos
As posts on this blog reflect, there are in my view enormous issues out there regarding the interplay between asbestos trusts (mainly...

Kirk Hartley
Aug 13, 20092 min read
AWI Asbestos Personal Injury Trust Selling Shares Under Prepaid Variable Forward Sales Contract R
When and how does an asbestos trust own enough shares of the company for which it assumed “asbestos liabilities” ? And, should chapter 11...

Kirk Hartley
Aug 12, 20094 min read
2d Circuit Issues Chrysler Opinion Explaining Prior Ruling
The 2d Circuit has issued its opinion explaining its affirmance in Chrysler. Go here for the opinion, and go here for an AmLaw summary....

Kirk Hartley
Aug 7, 20091 min read
Signifcant Mass Tort Bankruptcy Issues in the W.R. Grace Asbestos Chapter 11 Case
Significant mass tort bankruptcy issues are being contested as the W.R. Grace asbestos chapter 11 case moves deeper into its phased...

Kirk Hartley
Aug 3, 20093 min read
No Recession in Fees for Massive Bankruptcies – $ 262 Million to Date for Lehman
Wow – see here for a basic article on the Lehman fees, and here is a link saying that Prof. LoPucki thinks fees may end up at slightly...

Kirk Hartley
Jul 10, 20091 min read
$ 700,000 + per Claimant Expected Payouts for Certain Claimants to An Expected Chapter 11 Asbestos T
Updated: Nothing is simple. Some links below are not working to see the underlying documents were uploaded as “pdf packages” instead of...

Kirk Hartley
Jul 9, 20094 min read
Asbestos Claimants Appeal in GM and Seek Appeal to the Second Circuit, as Do Individual Accident Vic
The Ad Hoc Committee of Asbestos Claimants notice of appeal in GM is here but says only that an appeal is taken (Docket No. 2988). The...

Kirk Hartley
Jul 7, 20094 min read
GM Hearings Update – Asbestos Plaintiff’s Lawyers Argue and Lose But No Timely or Free T
Yesterday, representatives of the asbestos plaintiff’s bar argued in opposition to the terms of GM’s proposed asset sale, as briefly...

Kirk Hartley
Jul 2, 20094 min read
Asbestos Litigation Conference – Asbestos Bankruptcies, Chrysler, GM, and Others
In light of this morning’s news from the General Motors chapter 11 case, and emails landing in my inbox of late, this seems an apt time...

Kirk Hartley
Jul 1, 20091 min read
GM Court Denies Relief Sought By Asbestos Claimants for Futures Representative and No Decision on Se
In the GM bankruptcy, Judge Gerber has entered today his order [Docket No. 2857] denying the asbestos claimant’s motion for appointment...

Kirk Hartley
Jul 1, 20091 min read
New Article Regarding Some Positive Developments in Coordination Between the Tort System and Asbesto
A new article is out regarding problems with asbestos bankruptcy trusts, which are the antithesis of transparency, as previously...

Kirk Hartley
Jun 30, 20092 min read
Efforts to Resolve GM Product Liability Claims Through Negotation with the Obama Administration R
Non litigation alternatives are indeed being pursued in GM to try to settle pending and future product liability claims, as is evidenced...

Kirk Hartley
Jun 27, 20095 min read
Updated – Reactions to Travelers Manville Asbstos Bankruptcy Opinion
An article here provides a quick comment from Elizabeth Warren and mentions law students who helped Prof. Isacharoff. A Law360 article...

Kirk Hartley
Jun 22, 20091 min read
Travelers/Manville Asbestos Bankruptcy Opinion – Reaction
I’ve been through the opinion and dissent (here) a couple of times. Travelers won, sort of, and the Second Circuit was reversed, sort...

Kirk Hartley
Jun 18, 20092 min read
Travelers/Manville Opinion is Out
and available here, but I’ve not yet read the opinion. #AsbestosBankruptcy #ConstitutionalLawMassTortLaw

Kirk Hartley
Jun 18, 20091 min read
NonMalignant Claims Going Back Up If You Judge by the Manville Asbestos Trust Report for Q 1 2009
Walter Olson ‘s PointofLaw has a June 12 post about Judge Weinstein writing a pessimistic paper about the way courts handle mass tort...

Kirk Hartley
Jun 16, 20092 min read
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