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

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Professor Rhee Offers a New Proposal on the Legal Reform Needed to Compensate Tort Victims of Insolv
Persons injured by torts are involuntary creditors of the entity which committed the tort. And, today, we see increasing examples of ...

Kirk Hartley
Apr 10, 20114 min read
Judge Rakoff Takes the SEC To Task On Pleas that Neither Admit Nor Deny Guilt
You have to love Judge Rakoff’s willingness to ask hard questions and make comments about public policy. His current questions and...

Kirk Hartley
Mar 23, 20115 min read
Go Global – That’s Some Advice from Senior Lawyers to Young Lawyers
Karen Sloan’s NLJ article summarizes "gl global" advice from some senior lawyers with reason to know. The advice seems obvious, and yet...

Kirk Hartley
Mar 12, 20111 min read
Are Twenty Million Dead Children Enough to Illustrate the Insanity of Cutting Budgets for Science an
Yesterday, Paul Krugman used his NYT column to tee off on the failure of the Republican budget "plan" to acknowledge that health care...

Kirk Hartley
Feb 19, 20112 min read
Scientific and Political Lessons from the Tragedy of Depakote-Caused Injuries In Babies (Bracewell &
Depakote. It’s a drug for people with epilepsy, migraines and other miserable disease. It’s also a drug that causes severe birth defects...

Kirk Hartley
Feb 16, 20112 min read
Good to See Intelligent Conservatives Speaking Out Against the Form of Government Intrusion Known as
The "tort reform" war cry drives me crazy. It’s a meaningless set of words used – usually – in deceptive way to mask the imposition of...

Kirk Hartley
Feb 15, 20112 min read
Corporate Social Responsibility – The Top 5 Events for 2010
Foley Hoag’s blog on CSR and the Law includes this year- end "top 5" post. It’s well worth reading for an overview of big picture issues...

Kirk Hartley
Jan 1, 20111 min read
Examples of Right Wing American Extremism Aimed at State Court Judges
When I’m outside the US and involved in political discussions, a frequent question/comment revolves around the way US voters elect state...

Kirk Hartley
Dec 30, 20101 min read
Selling Risky Products – Is a Clear Conscience Enough – Global Approaches Needed
Suppose a new a business is planning to undertake global sales of products that contain known or suspected carcinogens. Suppose also...

Kirk Hartley
Nov 26, 20102 min read
Delaware the Tax Haven
Delaware certainly does what it can to bring people and entities to the state to generate money for Delaware. This prior post noted the...

Kirk Hartley
Nov 14, 20101 min read
Will US Courts Yield to National Laws Which Thwart Discovery on Terrorism Lawsuits ?
Another interesting chapter is unfolding in Motley Rice’s civil suit against alleged sponsors of the 9/11 attacks. The issue now headed...

Kirk Hartley
Nov 8, 20101 min read
Lawyers, Mass Torts, and Globalization versus Parochial Local Ethical Rules; Reforms May Occur, and
Once upon a time, practicing law was local. Today, for some clients and lawyers, the issues are global. Indeed, they went global many...

Kirk Hartley
Aug 8, 20102 min read
Call for Papers, on a Great Topic: Vulnerability and the Corporation; Perhaps There are Lessons to
Today’s post highlights an upcoming academic conference as it relates to the use of asbestos in developing nations. Perhaps some of you...

Kirk Hartley
Jul 24, 20103 min read
Protecting a Legal System Against Inequitable Conduct
This recent NLJ article by Sheri Qualters caught my eye because of the headline: "Company president’s conduct renders patent...

Kirk Hartley
May 1, 20101 min read
Example of Tort System Impact When Manufacturers Use Chaper 11 to Exit the Tort System – Many
Today is a soapbox day. In my view, a recent jury verdict in a car wreck case in Georgia nicely illustrates the very real tort system...

Kirk Hartley
Mar 16, 20107 min read
Sovereigns and Their Roles Related to Commercial Activities Involving Substances that Present Health
Here’s an invitation for readers to guest blog or comment on a question related to mass tort litigation, governments and substances that...

Kirk Hartley
Feb 21, 20103 min read
Australia and Asbestos – The James Hardie Saga, Its Asbestos Claim Payment Foundation –
Now it’s west (from Chicago) to Australia, asbestos and the public company fiber cement business commonly known as James Hardie. The...

Kirk Hartley
Jan 21, 20103 min read
Scottish Trial Court Upholds Legislation Reinstating Pleural Plaques Claiming for Scotland (Statute
A hat tip to Business Insurance for an email alert on Friday advising that a Scottish trial court had just issued an opinion rejecting...

Kirk Hartley
Jan 10, 20109 min read
Conflict of Interests and International Tort Claims for Persons from Many Countries – The Liby
Here is an unexpected but interesting non-asbestos example of conflict of interest issues arising from efforts to resolve “mass torts”...

Kirk Hartley
Jan 8, 20102 min read
Chapter 11 Cases Fail to Properly Deal with Future International Claims Against Multinationals Heavi
The point of today’s post is to focus attention on issues and topics that arise from relationships between insolvencies and...

Kirk Hartley
Jan 6, 20105 min read
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