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

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Cancer Deaths, Costs and Government Failure to Meaningfully Invest in the “War On Cancer”
The Friday April 24, 2009 New York Times included a thoroughly depressing article on cancer by long-time science writer Gina Kolata. The...

Kirk Hartley
Apr 27, 20093 min read
Updated – James Hardie – Links to the Opinion/Judgment, the Charges by the AU SEC and a
The Australian SEC – known as ASIC – has posted on its website the charges it filed, and a document summarizing which charges were...

Kirk Hartley
Apr 23, 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
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
19 States File Amicus Brief to Oppose Broad Preemptive Orders Issued By Asbestos Bankruptcy Courts &
This post follows up on the amicus brief mentioned in yesterday’s post regarding the GIT asbestos chapter 11 case that is set for oral...

Kirk Hartley
Apr 8, 20094 min read
Disclosure Regarding My Background and Views
Here’s my standard disclosure: I have in the past and do now represent non-insurer parties opposed to certain terms of asbestos...

Kirk Hartley
Apr 4, 20091 min read
Mass Tort Bankruptcies – Key Issues Raised Today in SCOTUS in the Travelers/Manville Asbestos
Updated: An April 6 blog entry by Alison Frankel includes a letter from Cozen O’Conner responding to Mr. Ostrager. Today’s oral argument...

Kirk Hartley
Mar 30, 20092 min read
Reminder re Oral Argument in Manville/Travelers Case re Bankruptcy Court Jurisdiction and Asbestos L
Reminder: Monday, March 30, 2009, is the date for oral argument in the Supreme Court on the Travelers/Manville case. The appeal presents...

Kirk Hartley
Mar 27, 20091 min read
Upcoming Oral Argument in Supreme Court re the Scope of Bankruptcy Court Jurisdiction in Mass Tort C
Monday, March 30, 2009, is the date for oral argument in the Supreme Court on the Travelers/Manville case. The appeal presents important...

Kirk Hartley
Mar 7, 20091 min read
Not a Good Week for Pharma – Criminal Law Intersecting with – Maybe – Sponsored Re
The loss of the much discussed Wyeth decision has made this a bad week for pharma. It may get worse. A March 4, 2009 NYT article...

Kirk Hartley
Mar 7, 20091 min read
Manville Asbestos Trust Reducing Transparency on its Asbestos Claims Data
— See also March 11, 2009 update on the entry below ——- ___________________________________________________________________ Today’s entry...

Kirk Hartley
Mar 6, 200913 min read
Medical Students Raise Issues Regarding Pharma Payment Disclosures by Physicians
The March 3, 2009, Wall Street Journal includes an interesting article on medical school students wanting disclosures from physicians...

Kirk Hartley
Mar 3, 20091 min read
Moving Towards the end of James Hardie Trial re Creation of Its Asbestos Trust
James Hardie is an Australian building products company that made lots of asbestos-cement products, some of which were made from the...

Kirk Hartley
Mar 3, 20091 min read
$ 29 Million Verdict from Train Derailment
The cost of mistakes is daunting, and in my view, “tort reform” is not going to solve the problem of coping with large verdicts when...

Kirk Hartley
Mar 2, 20093 min read
Google AdSense Rates – Mesothelioma Dominates the Top Payment Ranks
How valuable are mesothelioma claims to plaintiff’s firms? I can’t tell you for sure but plainly they are much sought. An Internet site...

Kirk Hartley
Mar 1, 20092 min read
Scientific Advances – Individualized Medical Treatment
The march of science continues, and so does its impact on tort litigation. For example, the American Bar Association’s TIPS section is...

Kirk Hartley
Feb 20, 20091 min read
UK Government to Speak “Soon” on Whether to Support Payments for Persons With Pleural Pl
A prior post on this blog described the UK government issuing a Consultation paper requesting views and information on, among other...

Kirk Hartley
Feb 13, 20092 min read
Exiting the Tort System – Pa. Opinion on Challenging a Statute Limiting a Corporation’s
Some corporations that made or sold various allegedly “toxic” or harmful products are today looking for and pursuing all kinds of paths...

Kirk Hartley
Feb 12, 20091 min read
Australia – Class Action Funders, and Competition Between Lawyers to Pursue Securities Class A
A Mondaq article from the Deacons law firm provides an interesting example of how entrepreneurial claiming is changing the face of...

Kirk Hartley
Feb 12, 20091 min read
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