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    The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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    Kirk T. Hartley
    • Jul 23, 2020
    • 1 min

    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...
    4 views0 comments
    Kirk Hartley
    • Jun 29, 2019
    • 1 min

    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...
    2 views0 comments
    Kirk Hartley
    • Jan 3, 2019
    • 1 min

    “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...
    1 view0 comments
    Kirk Hartley
    • Aug 4, 2017
    • 1 min

    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...
    0 views0 comments
    Kirk Hartley
    • Feb 27, 2017
    • 1 min

    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...
    1 view0 comments
    Kirk Hartley
    • Jul 8, 2015
    • 4 min

    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...
    72 views0 comments
    Kirk Hartley
    • Sep 16, 2014
    • 1 min

    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,...
    1 view0 comments
    Kirk Hartley
    • Apr 9, 2012
    • 1 min

    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...
    0 views0 comments
    Kirk Hartley
    • Oct 21, 2009
    • 1 min

    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...
    0 views0 comments
    Kirk Hartley
    • Aug 28, 2009
    • 2 min

    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...
    0 views0 comments
    Kirk Hartley
    • Aug 22, 2009
    • 2 min

    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...
    0 views0 comments
    Kirk Hartley
    • Aug 11, 2009
    • 4 min

    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...
    0 views0 comments
    Kirk Hartley
    • Aug 9, 2009
    • 3 min

    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...
    0 views0 comments

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    About Kirk

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    Since becoming a lawyer in 1983, Kirk’s 35+ years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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