Kirk T. Hartley
Due Process in a Trial About 22 Ovarian Cancers - J&J's Cert Petition for Ingham Talc Verdict
As it said it would do, J&J filed a cert petition seeking review of the Ingham verdict against it and others. The verdict involved 22...
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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk T. Hartley
Feb 10, 20211 min
Symposium - Economics and Law of Civil Remedies: Developments in Damages and Nationwide Injunctions
The George Mason Law and Economics Center is hosting a free, upcoming online symposium titled: Symposium on the Economics and Law of...
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Kirk Hartley
Jun 24, 20191 min
SCOTUS Knocks Out Decades of Precedent, Resulting in Immediate Access to Federal Court for Takings C
Interesting times, to say the least. At the end of last week, the “conservative” block of SCOTUS overruled decades of precedent by...
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Kirk Hartley
Jun 4, 20192 min
Following Up on Winkler: “What Corporate Veil?”
An interesting new article follows up on Adam Winkler’s book; the article is online at this page of SSRN. Hat tip to Steve Hedley for...
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Kirk Hartley
Apr 4, 20184 min
Delaware Supreme Court Holds that Determination that an Adequate Alternative Forum Exists is Not Req
Once upon a time, it seemed the 1980 ruling in World-Wide Volkswagen would control forever, and that jurisdictional jurisdictional...
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Kirk Hartley
Apr 26, 20174 min
SCOTUS Denies Cert for GM in the Ignition Switch Cases – Due Process in Bankruptcy Gets Reboot
Due process in bankruptcy has been rebooted to some degree. How? Through SCOTUS’ April 24, 2017 denial of GM’s cert petition from the...
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Kirk Hartley
Feb 20, 20171 min
Update on SCOTUS and GM’s Bid for Certiorari in the Ignition Switch Cases
According to this page of the SCOTUS web site, underlying plaintiffs timely filed their briefs opposing GM’s bid for certiorari on...
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Kirk Hartley
Feb 7, 20171 min
State of Washington v. Trump – 9th Circuit Page for Briefs and Orders
This page at the 9th Circuit provides briefs and orders for State of Washington v. Trump.
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Kirk Hartley
Jul 28, 20161 min
New GM Seeking Further Hearings on 2d Circuit’s Due Process Ruling
Not surprisingly, GM has now publicly asserted it will try every appellate option to try to change the 2d Circuit’s ruling that enforced...
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Kirk Hartley
Aug 7, 20151 min
Finally, Equitable Mootness May Be Dead, At Least in the Third Circuit?
Hurray, equitable mootness appears to be dead, at least in the 3rd Circuit. What is it? In short form, it’s a (nonsensical) rationale for...
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Kirk Hartley
Jun 10, 20151 min
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
Mar 6, 20151 min
Labels and SCOTUS
Here is a cogent article on why broad use of labels for judges often fails to provide much help in understanding decisions from SCOTUS,...
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Kirk Hartley
Feb 5, 20151 min
Insurance Companies, Rate Setting and the 1st Amendment
How far can go the 1st Amendment be taken? According to some insurance companies, they have a 1st Amendment right to charge rates that...
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Kirk Hartley
Sep 10, 20141 min
Contrasts in Access to Data – Asbestos Bankruptcies and Underlying Litigation, versus Concussi
In the NFL concussion litigation, the federal judge overseeing the case has now ordered release of supporting financial calculations for...
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Kirk Hartley
Mar 28, 20131 min
Do Backers of Ballot Initiatives Sometimes Have Standing In US Federal Courts
Do backers of a ballot initiative have standing to defend an enacted law when the state attorney general refuses to defend the law? That...
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Kirk Hartley
Mar 7, 20121 min
“Reform” and Conspiracy Theories
The Epicurean Dealmaker offers a fine passage and a few words on the propriety of "reforms." Meanwhile, questions posed at Marginal...
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Kirk Hartley
Mar 29, 20113 min
Morrison, Big Tobacco and Limited Jurisdictional Thinking – An Early Example of the Need for C
Alison Frankel at AmLaw published today this significant story on the continuing impact of the limited thinking jurisdictional thinking...
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Kirk Hartley
Jan 27, 20111 min
Oral Argument Helid in US Supreme Court Cases Regarding Jurisdiction Over Global Manufacturers
Nicastro and Goodyear are two pending cases addressing the scope of personal jurisdiction over global manufacturers when they sell...
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Kirk Hartley
Jan 4, 20111 min
The Justice Roberts Court – A Friend to Big Business, It Seems
The "Justice Roberts court" continues to garner attention and devotion from conservatives, and to rule in favor of businesses. A new...
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Kirk Hartley
Dec 15, 20092 min
The Supreme Court Takes Unusual Action on Chrysler – Future Tort Impact Requires Some Thought
The Supreme Court acted in unusual fashion yesterday on Chrysler, and the actions create some issues that need further thought as to...
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