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

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Serendipity, Science and A Good Person
A remarkable feel good story … on Mother’s Day (May 12, 2018) from the Optimist at the WP. It’s also a story of serendipity in science,...

Kirk Hartley
May 12, 20181 min read
Updates and Analysis on the Cohen Materials
Todd Presnell blogs on privilege, and is always cogent. This morning (May 7, 2018), he provided a cogent update (with links) to orders on...

Kirk Hartley
May 7, 20181 min read
“Appointing Extremists”
“Appointing Extremists” Michael A. Bailey Matthew Spitzer American Law and Economics Review, Volume 20, Issue 1, 1 April 2018, Pages...

Kirk Hartley
Apr 19, 20181 min read
“Product Liability in Markets for Vertically Differentiated Products”
Academic exploration of product liability as to product safety levels: American Law and Economics Review, Volume 20, Issue 1, 1 April...

Kirk Hartley
Apr 17, 20181 min read
The Seamy Side of Vaginal Mesh Litigation: “How Profiteers Lure Women Into Often-Unneeded Surg
Part of the seamy side of vaginal mesh litigation was reported in an April 14, 2018 article in the NYT. The article, “How Profiteers Lure...

Kirk Hartley
Apr 16, 20181 min read
“Hanged After a Trial He Couldn’t Understand, and Pardoned 136 Years Later”
“When Maolra Seoighe entered a Dublin courtroom to be tried for murder, his name was recorded as Myles Joyce. The change was a...

Kirk Hartley
Apr 9, 20181 min read
“Delaware’s Retreat: Exploring Developing Fissures and Tectonic Shifts in Delaware Corpo
For business lawyers, it’s helpful to keep in mind the big picture view of changes in Delaware corporate law. With that in mind, this...

Kirk Hartley
Apr 5, 20181 min read
Delaware Supreme Court Holds that Determination that an Adequate Alternative Forum Exists is Not Req
Once upon a time, it seemed the 1980 ruling in World-Wide Volkswagen would control forever, and that jurisdictional jurisdictional...

Kirk Hartley
Apr 4, 20184 min read
Plaintiff Firms Attack Each Other Regarding Strategic Tactics in Claims Related to M & A Deals:
It remains fascinating to think about due process, res judicata, and the topic of strategic settlements in class actions. One set of...

Kirk Hartley
Apr 3, 20181 min read
State Law Property Rights – What are They?
What are property interests; how do we know them when we think we see them? That’s a fascinating question that’s been animating due...

Kirk Hartley
Mar 28, 20182 min read
Perhaps “American Pipe” Will Survive, After All?
Judging by oral argument questions at SCOTUS, one legal analyst suggests the American Pipe tolling doctrine seems likely to live on to...

Kirk Hartley
Mar 27, 20181 min read
Easier to Succeed on Alter Ego Claims When Enforcing a Judgment
Asset shuffling between corporations has time and again produced issues regarding fraudulent conveyances, alter egos and veil-piercing...

Kirk Hartley
Mar 26, 20182 min read
“Asbestos law: insurance industry on alert as to the approach to low-level exposure”
Over the past few years, “low level exposure” issues have loomed larger these days in both the US and the UK. A then-current summary...

Kirk Hartley
Mar 24, 20181 min read
Billion Dollar Law Firms
Interesting times in the legal professions, as shown by the numbers below from a February 20, 2018 post at Above the Law. But the numbers...

Kirk Hartley
Mar 22, 20181 min read
Predictive Coding In First Trial in the UK
Different technologies are deployed into different courts at different times. According to a new article, predictive coding has now been...

Kirk Hartley
Mar 15, 20181 min read
Truly Amazing What People Do: Parents, Sheriff and States Attorney Found Liable In Federal Court Tri
Truly amazing to read and consider the facts set out in the following article from the March 2, 2018 edition of the Chicago Daily law...

Kirk Hartley
Mar 11, 20182 min read
Genetic Risk and Ovarian Cancers
At ToxicoGenomica.com, we are bringing more genomic analysis into toxic tort litigation. Some facts about inherited mutations and ovarian...

Kirk Hartley
Mar 8, 20181 min read
Karma – Buffet and National Indemnity Ordered to Pay $43 Million in Libby Mine Case
Those who understand asbestos litigation will appreciate the karma one could see in this outcome. For the rest of you, sorry, but the...

Kirk Hartley
Mar 7, 20183 min read
Illinois Supreme Court Moves Further into the Electronic Era – Online Briefs for Oral Argument
It’s good to see the Illinois Supreme Court now providing open access copies of briefs for upcoming oral arguments. See here for briefs...

Kirk Hartley
Mar 7, 20181 min read
SCOTUS Cuts Back on Fraudulent Conveyance Defenses – LBOs Now More at Risk
Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate transactions from fraudulent conveyance claims...

Kirk Hartley
Mar 7, 20182 min read
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