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

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Another Specialty Business Court, in the UK, for Financial Industry Disputes Over £50m
Specialty courts provide a favored group of litigants with access to special judicial processes and jurists. Some say the courts are part...

Kirk Hartley
Nov 10, 20151 min read
VW’s Global Software Fiasco Illustrates Global Scale Problems and Inadvertently Support Justic
Software and data operate in binary code that changes very little, if at all, for borders (excluding homeland security issues for some...

Kirk Hartley
Sep 23, 20152 min read
UK Supreme Court Declines Human Rights Challenge to Conditional Fees and ATE
The UK Supreme Court last week ruled against a party challenging an obligation to pay fees under ATE agreements and conditional fee...

Kirk Hartley
Jul 30, 20151 min read
Shameless Self Promotion for “New Science and Law in Asbestos Litigation: A Multi-Disciplinary
Readers of the blog know my view that science matters for toxic tort litigation, and have seen many posts here about aspects of the...

Kirk Hartley
Jul 21, 20152 min read


Asbestos-containing Brake Linings – More Changes Ahead for Canada and the US
Chart from Globe and Mail, March 27, 2015 -http://www.theglobeandmail.com/report-on-business/imports-of-asbestos-products-rising-in-canad...

Kirk Hartley
Apr 17, 20153 min read
Expanding Antitrust Litigation in Europe
Litigation today is global. Litigation also is like jello – push in one place, and things happen in other places. The point is...

Kirk Hartley
Oct 7, 20141 min read
Cameras at SCOTUS ?
Shook Hardy’s latest product liability newsletter includes an article about and links to a coalition of news groups seeking cameras at...

Kirk Hartley
Feb 24, 20141 min read
Cross Border Enforcement of Judgments – Ontario Thinking Potentially Broadly
The Chevron/Ecuador wars continue to rage, including a judgment enforcement effort in Ontario, Canada. The latter effort resulted in a...

Kirk Hartley
Dec 31, 20131 min read
M&A – Delaware law vs New York Law
Does choice of law really matter in m&a when the options are Delaware and New York ? A Kirkland & Ellis client advisory memo offers some...

Kirk Hartley
Dec 26, 20131 min read
Do Judges Have First Amendment Rights?
The First Amendment has become a war horse ridden by many. Now a new question – do judges have First Amendment rights to comment on...

Kirk Hartley
Nov 5, 20131 min read
Challenging Orthodoxy in Tort Litigation
A post from the TortsProf blog brings news of an apparently interesting new book on torts. The introduction starts as follows: "From Hart...

Kirk Hartley
Nov 2, 20131 min read
Chevron, Ecuador and Arbitral Power Over Courts
What do mass torts have to do with arbitration? In some instances, quite a bit. The Chevron/Ecuador/Donziger circus masks interesting and...

Kirk Hartley
Oct 29, 20132 min read
The Electronic Silk Road: How the Web Binds the World Together in Commerce”
Recent posts at Opinio Juris cover various law-related aspects of an interesting looking new book on global trade. The book is by Anupam...

Kirk Hartley
Oct 28, 20131 min read
Long Term “Legacy” Risks – A Mining Example Raises the Issue – Is 500 Years
How to deal with "long term" risks and costs related to business operations? A proposed new mine in Minnesota exemplifies some of the...

Kirk Hartley
Oct 7, 20133 min read
When Can Mexican States Act as Plaintiffs?
LAW360 includes an article – with links to opinions – on a BP ruling on the question of the ability of Mexican states to file suits for...

Kirk Hartley
Sep 17, 20131 min read
Canadian Ruling on Liability of Parent Entity for Alleged Human Rights Violations at a Subsidiary
Corporate structures continue to face new challenges as plaintiffs seek to hold parent companies liable for actions related to...

Kirk Hartley
Aug 13, 20132 min read
Knowledge Transfer in Claiming – Rising Disability Claims and Expense in the US
Some interesting observations in A WSJ op ed piece on rising disability claims and expenses. The author is Michael J. Boskin, a Stanford...

Kirk Hartley
Jul 16, 20132 min read
The Quebec Train Wreck – Another Underinsured Disaster ?
The Quebec train disaster raises yet again the issue of underinsured or uninsured business operations. According to the latest story, the...

Kirk Hartley
Jul 11, 20131 min read
Corporate Families May Create Obligations and Liabilities Not Evident from Corporate Structure Diagr
Corporate families with tiered structures create legal responsibility issues of many kinds. Sophisticated plaintiff’s lawyers for injured...

Kirk Hartley
Jul 8, 20131 min read
US Appellate Court Judge Suggests Development of Process for Certifying Questions of Law Between Nat
Will we see development of a process for national courts to certify questions of law to each other? One federal appellate court judge in...

Kirk Hartley
Jun 3, 20132 min read
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