Kirk Hartley
Supreme Court Grants Cert in F-Cubed Securities Litigation
This post offers a brief comment arising from the now widely reported fact (see, for example, SCOTUSblog and many others) that the U. S....
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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk Hartley
Nov 8, 20092 min read
Securities Law – Global Claiming – Are US Judgments Actually Binding ?
So, where and when are US tort and securities judgments binding on persons who live outside the US, and why should does it matter? Let’s...
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Kirk Hartley
Oct 22, 20091 min read
Travelers/Manville Remand – 2d Circuit Argument is Thursday October 22 at 2:00 PM
The Supreme Court’s Manville/Travelers opinion was quite narrow (some might say advisory) and resulted in a remand of the case to the 2d...
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Kirk Hartley
Oct 11, 20091 min read
Transcript of June 25 GM Hearing on Withdrawal of Request for Asbestos Futures Representative
As a result of bugging the clerk’s office and the court reporter’s office, the transparency-blocking 90 day veil has now been lifted...
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Kirk Hartley
Sep 24, 20093 min read
Quigley/Pfizer Asbestos Bankruptcy Trial Underway and Highlights Deep Flaws in the Chapter 11 Proces
This article from Bloomberg describes the start of the confirmation trial in the Pfizer/Quigley asbestos bankruptcy and reviews the case...
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Kirk Hartley
Sep 23, 20095 min read
Will There Soon Be Another Chapter 11 Tort Claim Trust for Chinese Drywall Claims Against an Insolve
This summer brought the Chrysler and GM chapter 11 cases in which bankruptcy courts issued wide-ranging injunctions that seek to block...
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Kirk Hartley
Sep 17, 20092 min read
Update on GM and Chrysler as to Asbestos Claims
An update seems appropriate in light of the “new” cert petition filed in early September, and comments this week from the asbestos...
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Kirk Hartley
Sep 2, 20092 min read
More on Bankuptcy Court Powers and Cutting Off Claims in Tort Cases
Today, more on the amazing world of bankruptcy where some say bankruptcy code section 105 may be used to issue an injunction to solve...
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Kirk Hartley
Aug 25, 20092 min read
Chrysler Opinion by 2d Circuit – Todd Brown Comments On the Sacrifice of Rights of Future Clai
Todd Brown is a former defense-side lawyer (Wilmer Hale and Jones Day) now teaching law in Buffalo after a stint at Temple. Mr. Brown has...
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Kirk Hartley
Aug 24, 20094 min read
W.R. Grace, Solvency Findings, Asbestos Liability Estimates, and Injunctions that Bind Others
Today’s post follows up on this August 13 post regarding asbestos plaintiff’s lawyers asking the Court to order the rest of the world not...
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Kirk Hartley
Aug 13, 20099 min read
Asbestos Plaintiff’s Lawyers Ask W.R. Grace Bankruptcy Court to Order that Its Findings –
The W. R. Grace chapter 11 case has produced a striking motion that highlights the too often bizarre and unconstitutional nature of much...
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Kirk Hartley
Aug 13, 20092 min read
Want More on the Interplay Between Asbestos Trusts and Judicial Proceedings ? Go to the HB Asbestos
As posts on this blog reflect, there are in my view enormous issues out there regarding the interplay between asbestos trusts (mainly...
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Kirk Hartley
Aug 3, 20093 min read
Signifcant Mass Tort Bankruptcy Issues in the W.R. Grace Asbestos Chapter 11 Case
Significant mass tort bankruptcy issues are being contested as the W.R. Grace asbestos chapter 11 case moves deeper into its phased...
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Kirk Hartley
Jul 14, 20096 min read
Update – Due Process Denials Via Time Limits on Depositions in Asbestos Cases
Update of July 14 to May 7 post reposted below: The National Law Journal includes a July 13 article updating on the case below. The...
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Kirk Hartley
Jul 13, 20092 min read
Chicago Cubs to Follow GM and Chrysler in Using Chapter 11 – Just Another Tool for Managing/En
The following item from Crain’s Chicago Business speaks for itself as to today’s use of chapter 11 to manage/resolve risks and...
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Kirk Hartley
Jul 9, 20094 min read
$ 700,000 + per Claimant Expected Payouts for Certain Claimants to An Expected Chapter 11 Asbestos T
Updated: Nothing is simple. Some links below are not working to see the underlying documents were uploaded as “pdf packages” instead of...
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Kirk Hartley
Jul 8, 20091 min read
GM – Denial of Stay of Asset Sale and Denial of 2d Circuit Direct Appeal – “Equita
In GM, Judge Gerber denied a stay of the asset sale and denied a direct appeal to the 2d Circuit; the order is here (Docket No. 3046)....
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Kirk Hartley
Jul 7, 20091 min read
Some Bondholders Give Up in GM
An AmLaw blog article here reports some GM bondholders are not appealing because they lack funds to fight after Judge Gerber refused to...
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Kirk Hartley
Jul 7, 20094 min read
Asbestos Claimants Appeal in GM and Seek Appeal to the Second Circuit, as Do Individual Accident Vic
The Ad Hoc Committee of Asbestos Claimants notice of appeal in GM is here but says only that an appeal is taken (Docket No. 2988). The...
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Kirk Hartley
Jul 6, 20091 min read
GM Asset Sale Plan Approved by Judge Gerber; Some Individual Car Crash Victims Already Have Appealed
The General Motors chapter 11 asset sale was approved on Sunday night in an opinion that is 50 pages, plus appendices. The opinion is...
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