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....
The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk Hartley
- Nov 8, 2009
- 2 min
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, 2009
- 1 min
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, 2009
- 1 min
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, 2009
- 3 min
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, 2009
- 5 min
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, 2009
- 2 min
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, 2009
- 2 min
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, 2009
- 2 min
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, 2009
- 4 min
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, 2009
- 9 min
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, 2009
- 2 min
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, 2009
- 3 min
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, 2009
- 6 min
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, 2009
- 2 min
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, 2009
- 4 min
$ 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, 2009
- 1 min
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, 2009
- 1 min
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, 2009
- 4 min
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, 2009
- 1 min
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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