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

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SFO v ENRC Appeal Underway in UK Regarding Companies and Privilege Related to Alleged Corporate Crim
According to various UK lawyers, the privilege issues inn SFO v. ENRC are critical for companies and lawyers involved in allegations of...

Kirk Hartley
Jul 3, 20181 min read
Delaware Supreme Court Allows Take Home Claims for Spouses Against Product Manufacturers
The Delaware Supreme Court issued a unanimous June 27, 2018 opinion allowing “take home” asbestos claims against manufacturers. The...

Kirk Hartley
Jun 28, 20181 min read
“ILR at 20: Despite Victories for General Counsel, Plenty of Challenges Ahead”
Interesting June 25, 2018 interview/article in Corporate Counsel on the expansion of the ILR through acquisition of news media, and its...

Kirk Hartley
Jun 28, 20181 min read
The Sponsored Research Conundrum – The Moderate Drinking Example
Sponsored research is needed to answer some questions. This seems especially true in an age in which government budgets are less than...

Kirk Hartley
Jun 27, 20181 min read
“Wachtell Lipton Discusses Supreme Court Ruling on SEC Judges”
In the wake of Lucia, the roles of ALJs are in question, to varying degrees and with varying potential consequences. A cogent June 26,...

Kirk Hartley
Jun 26, 20181 min read
New Litigation Defense – Buy a Government Position and Claim Diplomatic Immunity
Who knew – a new form of litigation defense – buy a position as a government official and then claim immunity from suit. The tactic...

Kirk Hartley
Jun 25, 20182 min read
Another UK Law Firms Heads For Stock Market IPO
Today, law firms are businesses, not genteel partnerships. The point is highlighted by the fact that over the last 3 years, four UK law...

Kirk Hartley
Jun 19, 20181 min read
“NCAA concussion case settles three days into trial” – Tea Leaves
The NCAA concussion trial ended in a settlement, as described in a June 15, 2018 article at the Washington Post. Tea leaf readers will...

Kirk Hartley
Jun 18, 20182 min read
Dr. Egilman as Quantification Expert in Ongoing Talc Trial
A news source reports interesting testimony last Thursday at the ongoing 22 plaintiff talc trial. According to a June 15, 2018 summary...

Kirk Hartley
Jun 18, 20182 min read
When Is a Person an Employee – the UK Supreme Court Version
As work continues to change, it seems more and more cases are litigated to define when a person is an employee. The UK Supreme Court...

Kirk Hartley
Jun 16, 20181 min read
Concussion Trial Underway In Texas – What Did the NCAA Know and When Did It Know It, Featured
Trial is now underway in a football player’s concussion case against a college (Texas). A June 11, 2018 article at Quartz recaps some of...

Kirk Hartley
Jun 14, 20181 min read
Molecular Biomarker Revolution and Torts – “Blood Tests Developed That Identify Women at
The molecular biomarker revolution continues and will reshape many topics at the intersections between science and law. A recent example...

Kirk Hartley
Jun 12, 20182 min read
First NCAA Concussion Trial Underway
The mass tort news of the week is today’s start of the first trial against the NCAA regarding concussions. The trial is in Dallas, and...

Kirk Hartley
Jun 11, 20181 min read
Update on Springer v. Nohl: Fraudulent Conveyance Claims Arising from Shut Down of Company
The Springer v. Nohl fraudulent conveyance/asbestos case in Wisconsin highlights dubious corporate side activities, and is finally...

Kirk Hartley
Jun 8, 20181 min read
“Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Tr
It seems to be a week for articles highlighting the more tawdry side of the plaintiff side in mass torts. In this instance, a new Forbes...

Kirk Hartley
Jun 7, 20181 min read
“Mass Torts and Mass Frauds” – With Fraudulent Conveyances
For an outlier example of some of the worst of mass tort claiming, proceed directly to Mass Torts and Mass Fraud, the June 6, 2018 post...

Kirk Hartley
Jun 6, 20181 min read
“Woman Who Was Raped as a Teenager Is Awarded $1 Billion in [Compensatory] Damages”
A $1 billion compensatory damages verdict last week seems to be another signal of significant unhappiness among the people who are...

Kirk Hartley
May 29, 20181 min read
Before issuing an award, jury asks: “Can we punish the defendants by requiring them to place a
Yesterday’s punitive damages verdict against J&J arrived after interesting questions from the jury to the court. One wonders how J&J will...

Kirk Hartley
May 25, 20181 min read
Nathan Schactman Asks: “P-Values: Pernicious or Perspicacious?”
Statistical analysis tools remain topics that are comfortable for relatively few lawyers. One of them is Nathan Schactman. In a new blog...

Kirk Hartley
May 15, 20181 min read
“Product Liability in Markets for Vertically Differentiated Products”
Academic exploration of product liability as to product safety levels: American Law and Economics Review, Volume 20, Issue 1, 1 April...

Kirk Hartley
Apr 17, 20181 min read
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