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

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ToxicoGenomica Blog Provides Insights into Genetics and Torts
ToxicoGenomica is the doing business name for a collaboration between me and scientists at ArrayXpress and Innovative Science Solutions....

Kirk Hartley
Jan 31, 20181 min read
“Blue Sky Banter: Judge Rakoff on Science and the Law”
Interesting comments by Judge Rakoff are available in a thirty minute podcast interview on intersections between science and law. Among...

Kirk Hartley
Jan 25, 20182 min read
SCOTUS Will Remain at Work Despite the US Government “Shutdown”
As the shutdown evolves, SCOTUS will remain at work, at least for a month or so. A January 21, 2018 post at SCOTUSblog provides a...

Kirk Hartley
Jan 22, 20181 min read
An Example of Predicting/Finding Problems with New Drugs Using Proteomics (Biomarkers) – Work
Pasted below is a fascinating press release from a proteomics company known as SomaLogic. The gist is the scientists were able to predict...

Kirk Hartley
Jan 9, 20183 min read
D&O Diary: “Securities Suit Filings at Historically High Levels During 2017”
Securities suits were filed at highest ever levels, as calculated by D&O Diary. The specifics are set out in January 1, 2018 post at the...

Kirk Hartley
Jan 4, 20181 min read
“Big Fights Ahead Over Where Class Actions Can Be Filed,” Argue Various Lawyers
Bloomberg provided an interesting year end article (December 21 – here) with plaintiff and defense views on the class action impact (or...

Kirk Hartley
Dec 27, 20171 min read
“The Promise of Genome Editing Tools to Advance Environmental Health Research”
The times they are a changing, as evidenced by this January 10 and 11 workshop sponsored by NAS: The Promise of Genome Editing Tools to...

Kirk Hartley
Dec 19, 20171 min read
Useful Data – “The State AG Report”
The State AG Report from Cozen O’Connor provides useful insights into the actions of state AGs. The publications include a blog and a...

Kirk Hartley
Dec 18, 20171 min read
A Great Post for a Friday: “Note to Experts: Do Not Cruelly Disparage Your Client’s Decedent,
I remain too busy to write much, but can make time to pass on legal insight tinged with wry humor. It’s a December 8, 2017 post from...

Kirk Hartley
Dec 8, 20171 min read
New, Global Tool to Evaluate “Collective Action” Laws Around The World – from Bake
As some of us predicted years ago, global litigation continues to expand in both class actions and other forms of collective actions. ...

Kirk Hartley
Nov 27, 20171 min read
Competition to Resolve Civil Law Issues: “Dutch lawyer warns companies against using British
Various forums continue to compete to resolve civil law issues and/or offer specialized “business friendly” laws (e.g tax shelters)....

Kirk Hartley
Nov 17, 20171 min read
Mass Tort Missiles and Counter-Missiles – The GM Chapter 11 Asbestos Claim Example
It’s interesting to watch the missiles and counter-missiles used by “repeat players” in “mass tort” litigation. A prime example arose in...

Kirk Hartley
Nov 15, 20174 min read


When Your Blog Post Becomes a YouTube Item: The Mesothelioma Advertising Example
Amazing, and improper. On October 6, 2015, I posted about MesoLawyersCare. Recently, I stumbled onto a YouTube video that puts my...

Kirk Hartley
Oct 3, 20173 min read
Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders i
Jurisdiction for toxic tort suits remains a “hot topic.” A new example arises from oral argument in a Delaware Supreme Court case...

Kirk Hartley
Sep 21, 20171 min read
Ted Frank Topples Stupid Subway Sandwich Settlement
Thanks to the seldom bashful Seventh Circuit, Ted Frank has toppled the stupid Subway settlement. Kudos to Ted, on this one (as opposed...

Kirk Hartley
Aug 28, 20171 min read
Scenario Planning Versus Demanding Purported Certainty
How to think about the future, and the past? Some proclaim “certainty” essential and demand “proof” with confidence intervals at .05% or...

Kirk Hartley
Aug 14, 20171 min read
1979 – 2017 – Value Assurance Plans for “Toxic” Property Damage Situations
A new “toxic tort” blog (by Bill Ruskin) launched with an interesting mini-review of the use of Value Assurance Plans as a means for...

Kirk Hartley
Aug 4, 20171 min read
“American Pipe” Tolling Takes a Hit at SCOTUS; Consequences to be Determined
Late in June, SCOTUS knocked out “American Pipe” equitable tolling in a securities case, as explained in a June 27, 2017 post at Faegre...

Kirk Hartley
Aug 2, 20171 min read
BMS is Out; Personal Jurisdiction Narrowed for “Mass Tort” Cases
As expected, SCOTUS used the BMS case to narrow the rules for the assertion of personal jurisdiction against a defendant. Bexis provided...

Kirk Hartley
Jun 19, 20171 min read
“Attorney-Client Privilege and Corporate E-Mail: Navigating the Morass of Personal Communicati
The ubiquity of email and 24/7 work are creating new privilege issues. Some are addressed an interesting June 9, 2017 JD Supra article...

Kirk Hartley
Jun 13, 20171 min read
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