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

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API Trust Yet Again Blows Out the Veil of Bankruptcy Trust Secrecy With Its Annual Report Listing Cl
Tis the season for annual “reports” by asbestos trusts created through chapter 11 cases. Most reports today are farcically small and...

Kirk Hartley
Jun 22, 20161 min read
Can Cancer Be Avoided in the Face of a Known Inherited Mutation?
Maybe, maybe, maybe a glimmer of moving down a path towards proactive cancer avoidance treatment in women with inherited BRCA-1...

Kirk Hartley
Jun 21, 20163 min read
Fitch: Insurers Are Under-reserved for Asbestos Litigation
More people are figuring out that insurers were and remain under-reserved for asbestos litigation. Below, the text of a June 16, 2016...

Kirk Hartley
Jun 20, 20162 min read
And Their Off: New TSCA Already Gives Rise to New Calls to Ban Asbestos in the US
As predicted, the arrival of the new TSCA legislation is leading to plaintiff side groups seeking renewed efforts by EPA to ban asbestos....

Kirk Hartley
Jun 17, 20161 min read
NY Court of Appeals Limits Claims for Common Interest Privilege in m&A
A new (June 9, 2016) opinion from the New York Court of Appeals significantly limits claims to a common interest privilege in connection...

Kirk Hartley
Jun 17, 20161 min read
More Evidence that Cyber Crime Was Eminently Foreseeable
Some proclaim cyber-crime was not foreseeable and a black swan. The claim is not true. As noted before in this August 7, 2014 post, the...

Kirk Hartley
Jun 14, 20161 min read
Asbestos, Other Fibers and the (Likely) New TSCA Statute
It seems as if the new TSCA legislation is destined to pass, despite Rand Paul’s questions. Therefore, one has to wonder whether we are...

Kirk Hartley
Jun 1, 20161 min read
The C8 Litigation Continues for DuPont and Claimants
The C8 litigation is continuing into possible trial #3, and outcome #4. The results to date – and the trials ahead – are summarized in a...

Kirk Hartley
May 31, 20161 min read
Flintkote Fraudulent Conveyance Contingency Fee
Smart lawyers can generate better outcomes, and “defense firms” can act as plaintiffs. That’s one of the messages from a May 23, 2016...

Kirk Hartley
May 25, 20161 min read
“Surviving Settlement Provisions in Joint Defense Agreements”
Thinking about a joint defense agreement with terms with an eye on notice of settlements and sharing costs of judgments, especially for...

Kirk Hartley
May 20, 20161 min read
Monday at SCOTUS Was Not a Good Day for Defendants in Tort and Fraud Cases
Monday was not a good day for defendants at SCOTUS. Set out below are four overview statements by LAW360. One might think the litigation...

Kirk Hartley
May 17, 20161 min read
Mass Torts and Jurisdiction – The Battles Continue, Now in California
The jurisdiction wars continue in tort cases, as more state court cases follow on from SCOTUS’ decision limiting assertion of personal...

Kirk Hartley
May 13, 20161 min read
Litigation Economics: “Taking a Financial Position in Your Opponent in Litigation”
The economics of litigation continue to receive more attention. For example, an April, 29, 2016 post at CLS Blue Sky Blog brings news of...

Kirk Hartley
May 1, 20162 min read
Cancer Immunotherapy – in Pictures and Words
Immunotherapy for cancer is the new thing, and it shows great promise, but also difficulties. For a good overview explanation, see this...

Kirk Hartley
Apr 28, 20161 min read
“Same But Different” – an Overview of Epigenetics
Epigenetics. It’s a big deal, and is more and more becoming part of main stream conversations. For a very readable explanation, see Same...

Kirk Hartley
Apr 27, 20161 min read
VW’s $18 Billion Pain
An ounce of prevention versus ………. VW’s $18 billion charge for the emissions cheating scandal provides a timely example of the need to...

Kirk Hartley
Apr 22, 20161 min read
Swinging Pendulums, Class Actions and SCOTUS
An April 4, 2016 Blue Sky blog article from Professor Coffee provides a cogent review of the end of the SCOTUS pendulum swinging against...

Kirk Hartley
Apr 6, 20161 min read
Statutes of Repose and Asbestos
Publicity is growing in regular media regarding the Indiana Supreme Court knocking out the state’s construction statute of reposed based...

Kirk Hartley
Apr 5, 20161 min read
A Brief, Easy to Read Synopsis of Finding the BAP1 “Meso Gene,” and Then Looking Backwa
A brief review of the BAP1 “meso gene” discovery story is provided – with links to key articles – in the April 1, 2016 issue of the...

Kirk Hartley
Apr 4, 20162 min read
“Surprising Revelations on Experts and Contingent Fees”
It can be interesting to peel back onion skin layers of law and find new legal rules. Consider for example the following two paragraphs...

Kirk Hartley
Apr 1, 20161 min read
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