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, 2021
- 1 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, 2019
- 1 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, 2019
- 2 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, 2018
- 4 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, 2017
- 4 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, 2017
- 1 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, 2017
- 1 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, 2016
- 1 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, 2015
- 1 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, 2015
- 1 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, 2015
- 1 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, 2015
- 1 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, 2014
- 1 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, 2013
- 1 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, 2012
- 1 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, 2011
- 3 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, 2011
- 1 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, 2011
- 1 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, 2009
- 2 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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