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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk T. Hartley
Aug 20, 20201 min read
Sunshine has Value - Chapter 11 Investigation Yields Proof of Attempted Bid Rigging by a Hedge Fund
It is good to see bankruptcy courts authorizing more investigations into chapter 11 backstories. Here, under investigation, a hedge fund...
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Kirk Hartley
Jun 10, 20191 min read
Insys Opts for Chapter 11 Due to Opioid Claims
Mass tort claiming continues to drive numerous chapter 11 cases. The latest addition to the list is Insys filing due to opioid claims....
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Kirk Hartley
Mar 11, 20191 min read
From Canada and Japan: Yet Another Mass Tort Bankruptcy, and Possible Fraudulent Conveyance: Big Tob
A tobacco company is the latest entity to use bankruptcy to try to limit its obligations for a mass tort. This instance, however, is...
4 views0 comments
Kirk Hartley
Jan 14, 20191 min read
Chapter 11 After Failure to Appreciate the Scale of Risk: “PG&E Sparked at Least 1,500 Cal
January 14, 2019 articles around the web describe PG&E moving to file chapter 11 due to risks and potential liabilities. One of the...
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Kirk Hartley
Mar 28, 20182 min read
State Law Property Rights – What are They?
What are property interests; how do we know them when we think we see them? That’s a fascinating question that’s been animating due...
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Kirk Hartley
Jun 16, 20171 min read
Takata Is Headed for Chapter 11 Due to Exploding Air Bags
It’s been a long time coming, but it appears Takata is now headed for chapter 11 to address the many problems arising from its exploding...
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Kirk Hartley
Jul 14, 20151 min read
Equitable Mootness – Yet Another Due Process Violation in Chapter 11 Proceedings
Every litigant faces the possibility of trial and appeal. But Wall Street finds that risk annoying. So, bankruptcy courts invented the...
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Kirk Hartley
Jun 10, 20151 min read
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...
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Kirk Hartley
May 26, 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...
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Kirk Hartley
Nov 13, 20141 min read
“The Computer Did It” Is NOT a Legal Defense, At Least In Bankruptcy Court
Ever had an idiotic business tell you: “Not our fault – the computer did it? ” Say, for example, maybe an irresponsible company such as...
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Kirk Hartley
Oct 15, 20141 min read
Bankruptcy Court Secrecy – the Apple Version
How about a secret chapter 11 proceeding, to benefit Apple’s penchant for secrecy? The issues are arising in the context of a chapter 11...
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Kirk Hartley
Sep 3, 20141 min read
Confused About Detroit – Bloomberg Has Some Answers
Bloomberg has a helpful September 2, 2014 article by Steven Church on the legal and social issues in the Detroit bankruptcy case now...
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Kirk Hartley
Apr 30, 20142 min read
Update on the Federal Loss on GM – and Relevance to the GM Switch Issues
April 30, 2014 news reports say that the US treasury now reports losing $11.2 billion on the GM takeover fiasco, and has written off its...
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Kirk Hartley
Mar 21, 20141 min read
Bankruptcy Courts – Plenty of Chutzpah To Get the Debtor Out – But Later, Not So Much
Chapter 11 bankruptcy courts never cease to amaze. Until the debtor is out of chapter 11, they claim immense power. Thus, this post from...
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Kirk Hartley
Mar 12, 20142 min read
GM’s Ignition Switch Recall – A Prime Example of Why It’s Not Sound Policy to Let
By itself, the 2009 GM bankruptcy was a poster child for some of the many flaws in chapter 11 and bankruptcy law as used to handle...
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Kirk Hartley
Feb 5, 20141 min read
11th Archdiocese Files for Chapter 11; Catholic Church Aggregate Losses Said to Exceed $2.2 Billion
A Roman Catholic Diocese of Helena, Mont. is now the 11th archdiocese to file for chapter 11 to resolve sex abuses cases. According to a...
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Kirk Hartley
Nov 6, 20131 min read
Canadian Bankruptcy Law Flexibility When Facing Mass Disasters
A new post at Weil’s Bankruptcy Blog includes commentary from Canadian lawyers on bankruptcy law flexibility when confronted with a mass...
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Kirk Hartley
Nov 6, 20131 min read
D&O Insurance in Bankruptcy
The D&O Diary includes a new post that provides a useful overview of the use and abuse of D&O in bankruptcy. #Bankruptcy
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Kirk Hartley
Oct 28, 20131 min read
D & O Insurance in Bankruptcies
D & O Diary includes a useful new summary post on the use and/or abuse of D&O insurance in bankruptcy. #Bankruptcy
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Kirk Hartley
Aug 28, 20131 min read
“Alter Ego” Issues are Not Core Bankruptcy Issues, At Least in the 7th Circuit
For both substance and style (breezy and brief, with some dry wit), it’s hard to beat Weil Gotshal’s Bankruptcy Blog. And, now, a new...
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