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

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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
Takata Has Moved for a Futures Representative, But Who Are The Constituents?
Interesting topics are raised by a motion by Takata for appointment of Roger Frankel as a futures representative in Takata’s chapter 11...

Kirk Hartley
Jul 26, 20171 min read
New Science Matters – NFL Players and CTE – 110 Out of 111 Show CTE, in a Not Random Se
Does new science matter? Ask the NFL. “A neuropathologist has examined the brains of 111 N.F.L. players — and 110 were found to have...

Kirk Hartley
Jul 25, 20171 min read
Thalidomide Compensation Continues to Evolve In Canada
In March 2015, the Canadian government acknowledged that known victims of thalidomide needed services and medical care they could not...

Kirk Hartley
Jul 21, 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
Will You Pick Your Next Jury Using Relatively Instant Artificial Intelligence (AI)?
Suppose your next jury trial involves issues about cancer. Will you be able to use AI and big data – during jury selection – to quickly...

Kirk Hartley
May 3, 20171 min read
Smoking, Epigenetics and Autism – Epigenetic Links?
The ongoing revolution in molecular science will help answer fascinating questions, such as why is there is more materially more autism...

Kirk Hartley
Apr 28, 20173 min read
More on SCOTUS and Jurisdiction for “Mass Tort” Cases
For more on the argument at SCOTUS about jurisdiction rules as applied to mass torts, see the April 27, 2017 post by Jim Beck at Drug and...

Kirk Hartley
Apr 27, 20171 min read
SCOTUS Denies Cert for GM in the Ignition Switch Cases – Due Process in Bankruptcy Gets Reboot
Due process in bankruptcy has been rebooted to some degree. How? Through SCOTUS’ April 24, 2017 denial of GM’s cert petition from the...

Kirk Hartley
Apr 26, 20174 min read
Analysis of Personal Jurisdiction Arguments at SCOTUS on “Mass Tort” Cases
The following is a guest post from Maron Marvel Bradley Anderson & Tardy LLC. As always, the analysis is cogent and very much...

Kirk Hartley
Apr 25, 20173 min read
“Securities Class Actions Around the World”
Time has passed and securities class actions are now global in many ways, a topic to be covered in an ABA webinar described online. It...

Kirk Hartley
Apr 13, 20171 min read
Got 500k Leukemia and Lymphoma Genomes?
Imagine all the data, hypotheses and conclusions that will emerge from sequencing 500k biobanked leukemia and lymphoma tumors … Imagine...

Kirk Hartley
Mar 14, 20174 min read


Not One, But Two, State Supreme Courts Uphold Strict Application of Daimler Last Week
A guest post from three of the many smart lawyers at Maron Marvel Bradley Anderson & Tardy LLC. Unlike me, they can keep up, and the...

Kirk Hartley
Mar 5, 20178 min read


Jurors In Toxic Tort Litigation Take Genetics Seriously
In the shameless self-promotion department, another article on “omics” and torts. LAW360 kindly published this on February 21, 2017. In...

Kirk Hartley
Mar 2, 20175 min read
Simmons Hanly Names New Partners in Mass Tort Cases
From the January 17, 2017 Issue of the Chicago Daily Law Bulletin. It’s interesting to see practice areas as defined by a plaintiff’s...

Kirk Hartley
Feb 27, 20171 min read


Biomarker Exposure Tests Will Revolutionize Toxic Torts (Shameless Self Promotion)
A bit of shameless self promotion for me and colleagues at Innovative Science Solutions. This week brought us 15 seconds of “fame”...

Kirk Hartley
Feb 10, 20175 min read
“Tort Reform” in Missouri
The label “tort reform” brings many reactions. But it’s an easy label for legislation involving “mass tort” claims. For an update on...

Kirk Hartley
Feb 7, 20171 min read
Delaware Court Holds Manufacturer Has No Duty in Take Home Exposure Case
The following is a guest post by Paul A. Bradley of Maron Marvel Bradley Anderson & Tardy LLC. A decision from Delaware Superior Court...

Kirk Hartley
Feb 3, 20172 min read
Comparison of EU and US Product Liability Law
A slightly dated (2015) but now free article comparing US and EU law on product liability is described in a January 29, 2017 post at the...

Kirk Hartley
Jan 31, 20171 min read
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