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

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D’s & O’s Face Increasing Criminal Prosecution Risks from US Prosecutors and Agenci
Directors and officers face increasing risks of criminal prosecution by DOJ and federal agencies, as described in a March 25, 2016 blog...

Kirk Hartley
Mar 29, 20161 min read
Updated Data on the False Claims Segment of the Litigation Industry
False claims litigation continues as a steady segment of the ever-growing litigation industry. New numbers and comments are set out in a...

Kirk Hartley
Mar 28, 20161 min read
Litigation Funders Firm Up in Securities Suits Targeting Plaintiff’s Firm Slater & Gordon
The ironic saga continues as litigation funders are firmed up for securities suits against Slater & Gordon, a well-known plaintiff’s firm...

Kirk Hartley
Mar 25, 20161 min read
Statistical Arguments, SCOTUS, Tyson, and Be Careful What You Wish For
Excluding Justices Thomas and Alito, SCOTUS this week not surprisingly concluded that statistical proof can be used in class actions to...

Kirk Hartley
Mar 23, 20161 min read
Corporate Litigation Comments at Tulane
The world of corporate litigation continues to draw interesting comments, as described in a March 17, 2016 story at DealBook at the New...

Kirk Hartley
Mar 18, 20161 min read
Garlock Is Settled, Sort Of
A settlement, sort of, for Garlock and Coltec was announced late yesterday. The deal has multiple moving parts, including a new chapter...

Kirk Hartley
Mar 18, 20161 min read
GM Oral Arguments Suggest More to Come on When Bankruptcy Courts Can Cut Off Product Liability Claim
It appears more will soon be written on when, if ever, bankruptcy courts can cut off product liability claims against successor entities....

Kirk Hartley
Mar 17, 20161 min read
Sources for Recordings of Appellate Oral Arguments; Why is the Second Circuit an Outlier in Failing
After reading about a recent Second Circuit oral argument, I went looking for a recording. It was rather surprising to realize the 2d...

Kirk Hartley
Mar 17, 20161 min read
Science Focused Media Seeking Records Sealed by the Parties
Science-focused media and reporters continue efforts to shake up secrecy agreements between private litigants. The latest example arises...

Kirk Hartley
Mar 16, 20161 min read
Globalization of Litigation Continues; the $1.3 Billion Fortis Securities Settlement Provides an Exa
The global spread of litigation continues as Fortis is now in the midst of a $1.3 billion settlement in Dutch courts. The settlement...

Kirk Hartley
Mar 15, 20161 min read
Fraudulent Conveyance Win in Tronox Netted $93 Million for Kirkland & Ellis
How soon will the US Chamber of Commerce complain about K&E’s $93 million (mainly) contingent fee in the Tronox/Anadarko fraudulent...

Kirk Hartley
Mar 10, 20161 min read
Better DNA Sequencing Tools Continue to Change the Standards for Proof in Criminal Cases; Yet Anothe
As DNA sequencing gets better and better, it’s also improving and changing the standards for proof in criminal law. This March 7, 2016...

Kirk Hartley
Mar 9, 20161 min read
Garlock’s “Plaintiff Fraud” Claim Fails in Kentucky Under Time Bar Law
Garlock’s “plaintiff’ fraud” claims apparently will not be tested on the merits in Kentucky as it just lost an intermediate court appeal....

Kirk Hartley
Mar 8, 20161 min read
Software, Predictive Models, and Discovery Against Insurance Companies
The discovery wars of tomorrow will include plaintiffs seeking access to existing and future analytic and predictive databases and models...

Kirk Hartley
Mar 4, 20161 min read
Abundant Irony as a Plaintiff’s Firm and Litigation Funder Team Up for a Class Action Against
John Biesner (of Skadden Arps) and the US Chamber of Commerce should be cheering today. Why? Because a litigation funding firm is backing...

Kirk Hartley
Mar 3, 20161 min read
Plaintiff Firm Slater & Gordon Hits a Major Hole
All is not peaches and cream for plaintiff lawyers who acquire abroad after IPOs. Slater & Gordon just announced almost $500 million of...

Kirk Hartley
Mar 2, 20161 min read
SCOTUS Takes on Some Aspects of Fraudulent Conveyance and Bankruptcy
Fraudulent conveyances often are related to existing or impending insolvency, and so of course alleged fraudulent conveyances are often...

Kirk Hartley
Mar 1, 20161 min read
Justice Scalia’s Death Leave His Views as Outliers, So Dow Settled A $1 Billion Class Action P
How much of an outlier was Justice Scalia? Evidence suggests an extreme one, at least for some classes of cases, such as class actions....

Kirk Hartley
Feb 26, 20161 min read
$72 Million Verdict in St. Louis Involving Ovarian Cancer and Talc
A few years ago, “toxic tort” trials in St. Louis were not so common. Today, there are ample numbers of asbestos cases, with cases going...

Kirk Hartley
Feb 24, 20161 min read
Plaintiff Web Site Jumps on Italian Paper On Finding Previously Unknown Asbestos Exposures
Knowledge moves fast these days. A January 20, 2016 medical article from Italy – in Italian – reports on results obtained from...

Kirk Hartley
Feb 8, 20162 min read
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