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

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Update – Upcoming US Trial for Claims by Nigerians Against Shell Under the Alien Tort Statute
A May 29, 2009 law.com article by Mark Hamblett updates on this case. The update provides some additional legal commentary and indicates ...

Kirk Hartley
May 29, 20092 min read
London Delays Its Decision on Pleural Plaques Legislation
This May 12, 2009 post updates a post of Wednesday, April 22, 2009 regarding pleural plaques and asbestos issues in the UK. The UK press...

Kirk Hartley
May 12, 20091 min read
James Hardie Judge Did Not Believe the Directors
Reading the trial judge’s opinion makes it plain he did not believe the Hardie Directors when they made denials or professed a lack of...

Kirk Hartley
Apr 27, 20091 min read
Opinion/Judgment Regarding James Hardie and Its Private Asbestos Trust
The James Hardie opinion/judgment is available here. The link also was added to the prior post containing links to the charges and a...

Kirk Hartley
Apr 26, 20091 min read
Ireland as a Judicial Hell Hole (Somewhat Tongue in Cheek)
Pointoflaw’s Walter Olson notes here items related to an Irish article describing Lloyds of London’s Chariman as griping out about the...

Kirk Hartley
Apr 25, 20091 min read
Forum Non Conveniens in Global Mass Accident Situations – Italian Plane Crash Example
‘Mass accident” cases produce tough issues on applicable law and teh forum for litigation. The 11th Circuit recently issued a per curiam...

Kirk Hartley
Apr 22, 20091 min read
James Hardie Judgment Due Today Regarding Criminal Prosecution and Asbestos Expense Disclosures R
Press reports indicate that a judgment is due out later today regarding the Australian “SEC”s criminal prosecution of directors of James...

Kirk Hartley
Apr 22, 20091 min read
Update on International Corporate Aiding and Abetting Liability Risks and the Alien Tort Statute
When is a multinational at risk for “aiding and abetting” human rights violations? The answer is evolving. One case on the issue is...

Kirk Hartley
Apr 20, 20092 min read
Proceedings are Underway in an Italian Criminal Prosecution of Owners and Managers for Exposing Empl
A Swiss media article describes significant media and partisan attention focused on the first day of trial in an asbestos-related...

Kirk Hartley
Apr 7, 20092 min read
ABA Mass Tort Committee Provides A Flexible Forum for Getting Further Involved in Global Tort Issues
About the time I finished the post below on global choice of law issues, I received an email from the American Bar Association’s Mass...

Kirk Hartley
Mar 13, 20092 min read
Mr. Madoff and Global Choice of Law
A prior post on this blog described some of the global choice of law issues arising from the Madoff fiasco. One set of issues will...

Kirk Hartley
Mar 13, 20091 min read
Moving Towards the end of James Hardie Trial re Creation of Its Asbestos Trust
James Hardie is an Australian building products company that made lots of asbestos-cement products, some of which were made from the...

Kirk Hartley
Mar 3, 20091 min read
Scientific Advances – Individualized Medical Treatment
The march of science continues, and so does its impact on tort litigation. For example, the American Bar Association’s TIPS section is...

Kirk Hartley
Feb 20, 20091 min read
UK Government to Speak “Soon” on Whether to Support Payments for Persons With Pleural Pl
A prior post on this blog described the UK government issuing a Consultation paper requesting views and information on, among other...

Kirk Hartley
Feb 13, 20092 min read
Future Seminar Session on Science Driving Changes in Tort Law
A continuing topic of this blog is exploration of the ways that advances in science will change tort litigation tactics and may change...

Kirk Hartley
Dec 11, 20081 min read
New Asbestos Claims – in Korea
Popular wisdom has it that that the types of tort litigation we have in the US are abhorred by the rest of the world. The reality,...

Kirk Hartley
Nov 18, 20082 min read
Asbestos Litigation – Will the UK Reinstate Compensation for Pleural Plaques ?
How should governments and courts decide/define when persons have a condition that should warrant payment of compensation through tort...

Kirk Hartley
Nov 12, 20082 min read
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