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

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Kirk Hartley
Nov 18, 20191 min read
Update on Class Actions in France (and Across the EU)
Despite the naysayers of years ago, class actions procedures continue to evolve and expand in Europe. A November 11, 2019 online article...
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Kirk Hartley
Mar 25, 20192 min read
News from Europe: “Scotland: Mesothelioma reasonably foreseeable despite no direct evidence o
There’s never enough time to fully track asbestos developments in Europe. However, a December 2018 article from Clyde & Co, caught my eye...
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Kirk Hartley
Feb 21, 20191 min read
UK Asbestos Litigation: Carey v Vauxhall Motors Ltd: “First reported “overalls case” in whic
In the UK, an “overalls” case is a shorthand term for a “take home” case, as we refer to them in the US. Of greater note, a UK plaintiff...
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Kirk Hartley
Jan 11, 20191 min read
California Supreme Court Changes – Bluer, It Appears
Depending on perspectives, the California Supreme Court is famous (or infamous) for its rulings and is nationally influential....
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Kirk Hartley
Dec 24, 20182 min read
Private, Automated and Apparently Unfair – The “Law” of the Amazon Marketplace and
Weekend reading led to an interesting, long form story on the private, automated and apparently arbitrary and capricious world of “law”...
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Kirk Hartley
Jun 19, 20181 min read
Another UK Law Firms Heads For Stock Market IPO
Today, law firms are businesses, not genteel partnerships. The point is highlighted by the fact that over the last 3 years, four UK law...
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Kirk Hartley
Jun 16, 20181 min read
When Is a Person an Employee – the UK Supreme Court Version
As work continues to change, it seems more and more cases are litigated to define when a person is an employee. The UK Supreme Court...
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Kirk Hartley
Apr 9, 20181 min read
“Hanged After a Trial He Couldn’t Understand, and Pardoned 136 Years Later”
“When Maolra Seoighe entered a Dublin courtroom to be tried for murder, his name was recorded as Myles Joyce. The change was a...
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Kirk Hartley
Apr 5, 20181 min read
“Delaware’s Retreat: Exploring Developing Fissures and Tectonic Shifts in Delaware Corpo
For business lawyers, it’s helpful to keep in mind the big picture view of changes in Delaware corporate law. With that in mind, this...
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Kirk Hartley
Feb 19, 20181 min read
Predicting Outcomes at SCOTUS – AI and the Old Fashioned Way
SCOTUSblog includes a February 16, 2018 announcement of two interesting events as to predicting outcomes at SCOTUS. The entry is pasted...
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Kirk Hartley
Nov 12, 20171 min read
“The Force Awakens: Tincher, Section 402A and the Third Restatement in Pennsylvania”
“Ellen Wertheimer & Mark Rahdert have posted to SSRN The Force Awakens: Tincher, Section 402A and the Third Restatement in...
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Kirk Hartley
Aug 17, 20171 min read
“The Rough Path to the Compensation of Asbestos Damages in China”
Asbestos compensation in China? That’s the topic of an interesting but sort of rough article, which is online and open access – here....
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Kirk Hartley
Jun 12, 20171 min read
SCOTUS Expands Use of Mail to Serve Process on Overseas Defendants
A May 2017 decision by SCOTUS (Water Splash) makes it easier for US plaintiffs to use mail to serve process on overseas defendants under...
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Kirk Hartley
Feb 15, 20171 min read
Latham’s Commentary on UK Developments: “Reserving Privilege for the Few”
Claims for legal advice privilege are becoming more difficult and narrower in the EU, according to a February 10, 2017 article published...
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Kirk Hartley
Jan 31, 20171 min read
Comparison of EU and US Product Liability Law
A slightly dated (2015) but now free article comparing US and EU law on product liability is described in a January 29, 2017 post at the...
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Kirk Hartley
Dec 30, 20161 min read
2017 May Bring an End to the US Federal Version of the Ancient Document Hearsay Exception
2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s...
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Kirk Hartley
Oct 6, 20162 min read
An Insurance Underwriter’s View: Growing Global Class Actions, Litigation Funding, and the Ha
The growing breadth and depth of global class actions is explored in a September 20, 2016 post at D&O Diary. Riffing off of Professor...
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Kirk Hartley
Sep 15, 20162 min read
Florida and Tort Law: Defendants Seem to Keep Losing
Florida has been an increasingly kind venue and profitable place for plaintiff lawyers. Case law developments during 2016 are reviewed in...
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Kirk Hartley
Dec 22, 20153 min read
Illinois Supreme Court Provides Big Picture Rules for “Specialty Courts” Aimed at Actual
Interested judges, lawyers and accused persons actually can work to solve problems, as opposed to simply reaching decisions and meting...
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Kirk Hartley
Dec 14, 20152 min read
Defense Lawyers Admitting that Florida Worsened for Asbestos Defendants
The Aubin opinion in late October was accompanied by happy talk from the US Chamber of Commerce (they focused on not losing completely on...
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