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

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“Reduction in Price for Company Facing Litigation Is Discoverable”
Can discovery be taken about a sale price discount for a company when the discount purportedly is to account for litigation risk? Yes,...

Kirk Hartley
Nov 8, 20171 min read
Federal Litigation Database – Basic Data Back to 1970
From a November 1, 2017 post at Data is Plural. “The U.S. Federal Judicial Center’s “Integrated Data Base” contains a longitudinal record...

Kirk Hartley
Nov 8, 20171 min read
Law and Science Intersections – Agent Orange Back in the News
Agent Orange. Two words that drove massive litigation and helped to drive increased scientific research, including the Human Genome...

Kirk Hartley
Nov 6, 20171 min read


When Your Blog Post Becomes a YouTube Item: The Mesothelioma Advertising Example
Amazing, and improper. On October 6, 2015, I posted about MesoLawyersCare. Recently, I stumbled onto a YouTube video that puts my...

Kirk Hartley
Oct 3, 20173 min read
“Breakthrough may lead to ability to diagnose CTE in living football players”
Yet another example of how biomarkers evolve, and could matter for litigation over alleged or actual injuries, as set out in a September...

Kirk Hartley
Sep 27, 20173 min read
Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders i
Jurisdiction for toxic tort suits remains a “hot topic.” A new example arises from oral argument in a Delaware Supreme Court case...

Kirk Hartley
Sep 21, 20171 min read
“Asbestos Stopped Neil deGrasse Tyson From Becoming An Exotic Dancer”
An automated daily Google search drags up some amazing references to asbestos. One follows. It’s real. I watched the video just to make...

Kirk Hartley
Sep 15, 20172 min read
Scientific Testing – Talc Example
Talc litigation is providing yet another example of the reality that product liability litigation can be complicated by multiple parties...

Kirk Hartley
Aug 29, 20172 min read
Ted Frank Topples Stupid Subway Sandwich Settlement
Thanks to the seldom bashful Seventh Circuit, Ted Frank has toppled the stupid Subway settlement. Kudos to Ted, on this one (as opposed...

Kirk Hartley
Aug 28, 20171 min read
“Estimated future incidence of malignant mesothelioma in South Korea: Projection from 2014 to
A recent article explains that mesotheliomas in South Korea are projected to increase over the years ahead, mainly because of...

Kirk Hartley
Aug 21, 20172 min read
“The Rough Path to the Compensation of Asbestos Damages in China”
Asbestos compensation in China? That’s the topic of an interesting but sort of rough article, which is online and open access – here....

Kirk Hartley
Aug 17, 20171 min read
Imagine Being Criminally Convicted and Jailed for Two Years Because of Acceleration Defect of a 199
Imagine being jailed for two years for a “vehicular homicide” that arose when you and your car drove into another car, causing deaths and...

Kirk Hartley
Aug 16, 20174 min read
Amec Foster Wheeler – 2014 Deal – Asbestos Reserves
It’s an amazing world out there when one thinks about mass tort claims, corporate m&a, and due diligence. Some people “get” the issues,...

Kirk Hartley
Aug 15, 20172 min read
Scenario Planning Versus Demanding Purported Certainty
How to think about the future, and the past? Some proclaim “certainty” essential and demand “proof” with confidence intervals at .05% or...

Kirk Hartley
Aug 14, 20171 min read
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
Developments in Consumer Class Actions in the UK
Despite the many who said Europe would never allow class actions, it has happened, in varying ways and to varying degrees. The big news...

Kirk Hartley
Jul 25, 20172 min read
Disruption by Ignoring Law – The Story of Many “Disrupters”
Finally, an article highlighting the lawlessness of many “disruptive” businesses. From SSRN: https://papers.ssrn.com/sol3/papers.cfm?abst...

Kirk Hartley
Jul 24, 20172 min read
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