Kirk T. Hartley
Better Scientific Tools Can Unearth More Harms - Kidney Condition Linked to Silica Exposure
One result of better scientific tools can be the identification of additional conditions related to a substance that can be harmful. A...
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The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy
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Kirk Hartley
Jun 29, 20191 min read
2 More Damage Cap Statutes Were Recently Held Unconstitutional Under State Law – In Red State
A June 24, 2019 post at ThePopTort points out that the Supreme Courts of both Kansas and Oklahoma recently struck down damages cap...
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Kirk Hartley
Jan 3, 20191 min read
“50-State Survey of Damage Caps and the Collateral Source Rule”
In the late 1980s, we did a 50 state survey through lawyers around the country. Today, they still exist, in some instances. This one is...
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Kirk Hartley
Aug 4, 20171 min read
1979 – 2017 – Value Assurance Plans for “Toxic” Property Damage Situations
A new “toxic tort” blog (by Bill Ruskin) launched with an interesting mini-review of the use of Value Assurance Plans as a means for...
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Kirk Hartley
Feb 27, 20171 min read
Order on Damages in a UK Mesothelioma Case
Comparing mesothelioma cases damages in the UK to similar damages in the US usually produces some amazement. A January 13, 2017 UK trial...
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Kirk Hartley
Jul 8, 20154 min read
Childbirth Left Her a Quadriplegic After Medical Malpractice; How Would Damages Caps Be Fair to this
Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the...
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Kirk Hartley
Sep 16, 20141 min read
NFL Concussion Litigation – Actuarial Reports Disclosed, and More Discovery Sought
Transparency as to class action damages is starting to move forward with respect to the NFL concussion litigation. As previously noted,...
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Kirk Hartley
Apr 9, 20121 min read
Externalizing Costs of Failure – American Airlines Fails to Fly to London – No Back Up
A brief rant brought on by American Airlines failing to fly this morning to London. The usual song and dance – "equipment failure" and no...
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Kirk Hartley
Oct 21, 20091 min read
Structured Settlements versus Lump Sum Settlements – What are the Facts ?
Thanks to the Empirical Legal Studies blog post here, here is the link for a student paper asserting that there no facts to back up the...
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Kirk Hartley
Aug 28, 20092 min read
New Science – Creating a Test to Find People with Specific Genetic Defects to Create a Unique
This August 27 press release from Abbott and Pfizer exemplifies another way science is changing and will over time create new legal...
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Kirk Hartley
Aug 22, 20092 min read
New Science – Observable Brain Changes in Rats Subjected to Stress
More on brain rewiring and damages potentially recoverable in current or future tort litigation. This prior post provided some fact...
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Kirk Hartley
Aug 11, 20094 min read
Science, Intensive Therapies and Damages – New Issues Ahead ?
More on science and tort law. Suppose medical malpractice destroys a woman’s inner ear balance function to the point she can stand up...
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Kirk Hartley
Aug 9, 20093 min read
Tort Claim Damages – The Impact of Immigration Possibilities and Claims for Lost Wages
With respect to tort claiming around the world, one frequent comment is that claiming will not increase very much because persons from...
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