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

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The Seamy Side of Vaginal Mesh Litigation: “How Profiteers Lure Women Into Often-Unneeded Surg
Part of the seamy side of vaginal mesh litigation was reported in an April 14, 2018 article in the NYT. The article, “How Profiteers Lure...

Kirk Hartley
Apr 16, 20181 min read
Delaware Supreme Court Holds that Determination that an Adequate Alternative Forum Exists is Not Req
Once upon a time, it seemed the 1980 ruling in World-Wide Volkswagen would control forever, and that jurisdictional jurisdictional...

Kirk Hartley
Apr 4, 20184 min read
Plaintiff Firms Attack Each Other Regarding Strategic Tactics in Claims Related to M & A Deals:
It remains fascinating to think about due process, res judicata, and the topic of strategic settlements in class actions. One set of...

Kirk Hartley
Apr 3, 20181 min read
Billion Dollar Law Firms
Interesting times in the legal professions, as shown by the numbers below from a February 20, 2018 post at Above the Law. But the numbers...

Kirk Hartley
Mar 22, 20181 min read
Predictive Coding In First Trial in the UK
Different technologies are deployed into different courts at different times. According to a new article, predictive coding has now been...

Kirk Hartley
Mar 15, 20181 min read
Illinois Supreme Court Moves Further into the Electronic Era – Online Briefs for Oral Argument
It’s good to see the Illinois Supreme Court now providing open access copies of briefs for upcoming oral arguments. See here for briefs...

Kirk Hartley
Mar 7, 20181 min read
SCOTUS Cuts Back on Fraudulent Conveyance Defenses – LBOs Now More at Risk
Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate transactions from fraudulent conveyance claims...

Kirk Hartley
Mar 7, 20182 min read
Lasers Instead of Chemicals – A Move By Levis to Change Its Manufacturing Process
New thinking, new technology and innovation offer interesting new possibilities for manufacturers seeking to avoid potential health risks...

Kirk Hartley
Mar 4, 20182 min read
Discovery Sanctions in Delaware – Is There a Larger Lesson?
It feels as if courts are running out of patience or tolerance for litigants who 1) are repeat players in the litigation industry, and 2)...

Kirk Hartley
Feb 25, 20181 min read
Nuisance Ruling on Lead is Headed for SCOTUS After California Supreme Court Says “No” to
Defendants in lead cases in California took a notable hit last year when an intermediate appellate panel affirmed the trial court ruling....

Kirk Hartley
Feb 23, 20181 min read
Group of 60 Carillion Paralegals Acquired by Big Law (Clifford Chance)
More or less buying and selling legal services continues to expand, at least outside the US. Yet another example of this aspect of the...

Kirk Hartley
Feb 22, 20181 min read
“SEEING IS BELIEVING – CRISPR “CAMERAS” AND THE FUTURE OF TOXIC TORT CLAIMS”
A new post at the ToxicoGenomica blog provides some insights into how CRISPR cameras will – over time – reshape toxic tort litigation....

Kirk Hartley
Feb 21, 20181 min read
Jurors Attitudes in 2018, After the Many 2017 Attacks on “Leaders,” Institutions and 
2017 was quite the year for attacks on and perceptions of “leading” public figures and institutions. In view of the new indictments by...

Kirk Hartley
Feb 20, 20182 min read
Fraudulent Conveyances to Overseas Trusts To Avoid Possible Medical Malpractice Claims
Amazing what shows up in the news everyday. One is a Valentine’s Day 2018 lawyer ad/article kind of thing promoting return to the US of...

Kirk Hartley
Feb 15, 20181 min read


Fordham Law Workshop: “Civil Litigation Reform in the Trump Era: Threats and Opportunities&#
An upcoming workshop looks interesting as to class action and “tort reform” topics. The agenda is online here, and pasted below. A hat...

Kirk Hartley
Feb 13, 20182 min read
Possible Fraudulent Conveyances and Corporate Transactions After Alleged Mass Torts – New Comp
After an alleged or actual mass tort, some companies move voluntarily into chapter 11 proceedings to cope with the claims. However, some...

Kirk Hartley
Feb 11, 20182 min read
Tech Titans as Mass Tort Defendants: “HarrisMartin’s MDL Conference: Apple, Intel & Emerg
Continuing this week’s posts on the scale and scope of the litigation industry, it is interesting to see some of the tech titans starting...

Kirk Hartley
Feb 8, 20181 min read
The Scale of Class Action Securities Litigation – “NERA: 2017 Securities Suits Filed at
To continue with a theme regarding the scale of mass tort litigation, this post touches on the scale of what one can call “securities...

Kirk Hartley
Feb 7, 20181 min read
An Example of The Scale of Asbestos Personal Injury Litigation (“The Scourge Of Over-Naming In
The scale of asbestos personal injury litigation provides another example of the scale of the mass tort litigation industry. One could...

Kirk Hartley
Feb 6, 20181 min read
The Scale of Mesh MDL Litigation – Over 92,000 Possible Depositions
The scale of mass tort litigation is sometimes missed. The scale of “mesh MDL litigation” is nicely captured in a February 5, 2018 post...

Kirk Hartley
Feb 5, 20181 min read
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