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

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Asbestos Returns to SCOTUS in a Securities Suit Arising from Halliburton’s Foolish Purchase of
Asbestos returned to the Supreme Court yesterday in the context of securities litigation. The case arises from Halliburton’s purchase of...

Kirk Hartley
Apr 26, 20112 min read
A Medical Journal Article Adds to the Pressure on Canada to Stop Selling Asbestos Fibers to Countrie
A respected medical journal, Lancet, has joined those pressuring Canada to stop exporting asbestos fibers to the world. The article is...

Kirk Hartley
Dec 12, 20101 min read
Drugs – Mass Settlement Strategies – Why Is Glaxo Settling Paxil Cases ?
AmLaw includes today an article by Andrew Longstreth regarding the settlement strategies used by Merck for Vioxx, and by Glaxo for...

Kirk Hartley
Jun 24, 20101 min read
Mass Tort Trials and Due Process in the Context of Tobacco Litigation
Susan Beck’s Amlaw article today provides an update on post- Engle verdicts against tobacco companies, and a look at the due process...

Kirk Hartley
May 27, 20101 min read
Mass Tort Claiming and Resolution – Lots of Great Posts and Links at the Mass Tort Litigation
I’d love to take a few days to read and write about interesting thinking on mass torts and claims resolution issues. But that’s not...

Kirk Hartley
Dec 12, 20093 min read
Chapter 11 in Hong Kong ? What Would They Do With Mass Tort Claims ?
Here is an AmLaw article about the apparently fairly real possibility of chapter 11 type legislation in Hong Kong. This is getting ahead...

Kirk Hartley
Oct 30, 20091 min read
Proposal for National Juries for Mass Tort Cases
Here is a late September post presenting a condensed version of a law review article proposing “national juries” for mass tort...

Kirk Hartley
Oct 11, 20093 min read
One MDL Magistrate Judge Says Narrow Discovery May Be Taken Regarding Prefiling Investigation in a M
How much pre-filing inquiry is needed for a “mass tort” product laibility claim, and when must be it done ? A recent opinion in the...

Kirk Hartley
Aug 29, 20091 min read
Great Summary of Twombly/Iqbal Rulings
This August 6 post from the Device and Drug Law Blog provides a great summary of Twombly/Iqbal rulings over the last couple of years....

Kirk Hartley
Aug 24, 20091 min read
Preliminary Report In UK on Possible Changes to Assessment of Costs
The UK is famous for assessing costs if a case actually goes to judgment. A new look at that topic is underway and is slated to produce a...

Kirk Hartley
Jun 14, 20092 min read
Global Litigation Trends Article – Aggregate Litigation, Contingent Fees, Litigation Funding,
Looking for a tight but informative summary of changes around the globe with respect to (1) aggregate or class action litigation, (2)...

Kirk Hartley
Jun 14, 20093 min read
Update – Madoff, Stanford, UBS, Account Holders & Suits Against Advisers in the Referral C
Update: This post updates a Feb. 20 post. The new news is a Law.com article regarding a new Madoff-related lawsuit in Florida naming a...

Kirk Hartley
May 8, 20093 min read
James Hardie Directors Lose Charges of Securities Violations in Connection with Statements Regarding
Not a good week for James Hardie. This week the news is that it will not fund an expected shortfall of cash in its asbestos trust, and...

Kirk Hartley
Apr 22, 20093 min read
Forum Non Conveniens in Global Mass Accident Situations – Italian Plane Crash Example
‘Mass accident” cases produce tough issues on applicable law and teh forum for litigation. The 11th Circuit recently issued a per curiam...

Kirk Hartley
Apr 22, 20091 min read
Multinationals and the Enforceability of Class Action Waivers in Contracts
As class action statutes proliferate around the world, a key issue for corporations is whether they can block class actions through...

Kirk Hartley
Apr 22, 20091 min read
UK Pleural Plaques – Developments in Scotland and London
The battle over pleural plaques claiming is continuing to evolve in the UK With respect to the Scottish legislation allowing renewed...

Kirk Hartley
Apr 22, 20091 min read
Update on International Corporate Aiding and Abetting Liability Risks and the Alien Tort Statute
When is a multinational at risk for “aiding and abetting” human rights violations? The answer is evolving. One case on the issue is...

Kirk Hartley
Apr 20, 20092 min read
Illinois Supreme Court Rules for Asbestos Defendants on the “Lipke” issue
Defense lawyers, defendants and insurers all are smiling today because the Illinois Supreme Court today issued a ruling that favors...

Kirk Hartley
Apr 16, 20091 min read
Asbestos Litigation Data – Navigant Database
This post follows up on a prior post that described the Manville asbestos trust halting its prior practice of licensing its claims data...

Kirk Hartley
Apr 10, 20093 min read
Link to Transcript from Oral Argument in Travelers/Manville Asbestos Bankruptcy Case
The oral argument transcript is availble here. #AsbestosBankruptcy #AsbestosTrusts #ConstitutionalLawMassTortLaw #MassTortIssues #Asbestos

Kirk Hartley
Mar 30, 20091 min read
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