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

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Another Chapter In the Saga of the Barron & Budd Witness Coaching Memo
Almost 50 years of asbestos litigation have produced some iconic moments. One is the Baron & Budd witness coaching memo. The event is...

Kirk Hartley
Feb 7, 20171 min read
“Tort Reform” in Missouri
The label “tort reform” brings many reactions. But it’s an easy label for legislation involving “mass tort” claims. For an update on...

Kirk Hartley
Feb 7, 20171 min read
Brief and Declaration of Former National Security Officials in State of Washington v. Trump
The issues in State of Washington v. Trump can be framed broadly or narrowly. If framed broadly, the issues may have notable impacts as...

Kirk Hartley
Feb 6, 20171 min read


Timely, Open Access Web Site Provides a Great Way to Track the Civil Rights Cases Challenging the Va
With so many executive orders being challenged in many forums, keeping track of the events presents challenges similar to the challenges...

Kirk Hartley
Feb 5, 20171 min read


World Cancer Day 2017
Image of World Cancer Day 2017 It is World Cancer Day 2017. The many diseases we call “cancer” will kill tens of millions over the coming...

Kirk Hartley
Feb 4, 20171 min read
Delaware Court Holds Manufacturer Has No Duty in Take Home Exposure Case
The following is a guest post by Paul A. Bradley of Maron Marvel Bradley Anderson & Tardy LLC. A decision from Delaware Superior Court...

Kirk Hartley
Feb 3, 20172 min read
Comparison of EU and US Product Liability Law
A slightly dated (2015) but now free article comparing US and EU law on product liability is described in a January 29, 2017 post at the...

Kirk Hartley
Jan 31, 20171 min read
The Molecular Revolution Continues: 2 Synthetic Genetic Bases Added to Nature’s Standard 4 Ba
The molecular revolution continues to expand. Last week, researchers at Scripps published an open access article on the creation of a...

Kirk Hartley
Jan 30, 20172 min read
The Twilight Zone of Asbestos Litigation
Imagine, if you will, …. See http://setexasrecord.com/stories/511076254-motion-seeks-to-expose-asbestos-cases-linked-to-baron-budd-terrel...

Kirk Hartley
Jan 24, 20171 min read
Cooley says: “It didn’t take long — House passes bills to “regulate” the regulators”; Po
Cooley’s blog includes a highly useful and cogent January 12, 2017 summary of proposed new federal laws from the GOP intended to...

Kirk Hartley
Jan 23, 20171 min read
SCOTUS Takes Up Issues on Jurisdiction and Groups of Mass Tort Cases
Yet again, SCOTUS is taking up issues that matter for mass tort cases. This time it granted cert to look at the constitutional law and...

Kirk Hartley
Jan 20, 20171 min read
The American Pipe Tolling Doctrine Goes Back Up to SCOTUS
The American Pipe statute of limitation tolling doctrine is on its way back up to SCOTUS, as described in a January 15, 2017 article at...

Kirk Hartley
Jan 19, 20171 min read
Illumina Introduces the Sequencing Machine It Says Will Take Us to the $100 Genome
The first genome cost $3-4 billion, and took over a decade; one can debate the specifics. Times change. Last week, the world leader in...

Kirk Hartley
Jan 16, 20173 min read
DNA Folding Defects and Limb Malformation: It’s Not Just About DNA Sequences
How does/can a product “cause” an undesired outcome in the formation of limbs or diseases such as cancer, and how can/does one test to...

Kirk Hartley
Jan 10, 20172 min read
Finding Cancer Very Early: Grail and Illumina Start Another Year with Another Notable Step Forward
One year ago, Illumina announced a stunning goal: find all cancers very early (stage 1 or 2) through use of massive computing power and...

Kirk Hartley
Jan 6, 20175 min read
Swiss Create New Fund to Pay Compensation to Persons with Asbestos Related Diseases
As reported by Laurie Kazan Allen at the IBAS web site and in other places, a new fund has been created in Switzerland to pay...

Kirk Hartley
Jan 5, 20171 min read
Hartford Closes Out 2016 With $420+ Million Charge for More Asbestos Losses
As previously predicted by yours truly and other members of a multidisciplinary team, asbestos losses continue to rise for insurance...

Kirk Hartley
Jan 3, 20173 min read
Exotic Bats on the Moon: A Coda on the Hearsay Rule and Ancient Documents Exception
Nathan Schactman added a coda to his prior post on the probable demise of the ancient document exception to the rule against hearsay....

Kirk Hartley
Dec 31, 20161 min read
2017 May Bring an End to the US Federal Version of the Ancient Document Hearsay Exception
2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s...

Kirk Hartley
Dec 30, 20161 min read
Large Problems: Pfizer Goes Past $3.5 Billion in Payments of Fines and Settlements for Celebrex and
Some product liability losses are massive due to wide spread use and distribution of the products. For example, asbestos litigation is...

Kirk Hartley
Dec 22, 20161 min read
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