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

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Uterine Cancer Now at Issue in a Lawsuit Involving “Personal Talc Use”
Add uterine cancer to the list of cancers now at issue in “personal use talc” litigation” that some also refer to as “cosmetic talc...

Kirk Hartley
Jul 5, 20161 min read
Defense Win in Talc/Meso/Asbestos Trial in LA, with Strong Experts
The trials with talc and mesothelioma issues are getting tougher, with more and better experts for the defense. The result of a 3...

Kirk Hartley
Jul 1, 20161 min read
Securities Litigation Analyzed in Greater Depth
Very interesting analysis of securities law cases in related posts of June 24, 2016 at the D&O Diary and June 24, 2016 at the Stanford...

Kirk Hartley
Jun 29, 20161 min read
Register Now: July 7 Webinar Provides Insight into Praedicat’s Incredible Early Warning Systems for
Today’s post is a shameless and sincere push for you, your companies and your clients to invest at least 45 minutes to learn about one of...

Kirk Hartley
Jun 28, 20166 min read
NERA Issues its Annual Survey/Report on Asbestos Litigation
The new NERA annual report is out on asbestos litigation trends. Its many comparisons to a baseline of 2001 seem akin to comparing...

Kirk Hartley
Jun 27, 20161 min read
Craziness: Scientists and Lawyers Talk Together: Upcoming “2016 Symposium – The Demise of the
Workplace deaths and injuries are increasingly in focus for many reasons. For one, cancer strikes 1 in 2 US males and 1 in 3 females, and...

Kirk Hartley
Jun 24, 20165 min read
API Trust Yet Again Blows Out the Veil of Bankruptcy Trust Secrecy With Its Annual Report Listing Cl
Tis the season for annual “reports” by asbestos trusts created through chapter 11 cases. Most reports today are farcically small and...

Kirk Hartley
Jun 22, 20161 min read
Can Cancer Be Avoided in the Face of a Known Inherited Mutation?
Maybe, maybe, maybe a glimmer of moving down a path towards proactive cancer avoidance treatment in women with inherited BRCA-1...

Kirk Hartley
Jun 21, 20163 min read
Fitch: Insurers Are Under-reserved for Asbestos Litigation
More people are figuring out that insurers were and remain under-reserved for asbestos litigation. Below, the text of a June 16, 2016...

Kirk Hartley
Jun 20, 20162 min read
And Their Off: New TSCA Already Gives Rise to New Calls to Ban Asbestos in the US
As predicted, the arrival of the new TSCA legislation is leading to plaintiff side groups seeking renewed efforts by EPA to ban asbestos....

Kirk Hartley
Jun 17, 20161 min read
NY Court of Appeals Limits Claims for Common Interest Privilege in m&A
A new (June 9, 2016) opinion from the New York Court of Appeals significantly limits claims to a common interest privilege in connection...

Kirk Hartley
Jun 17, 20161 min read
More Evidence that Cyber Crime Was Eminently Foreseeable
Some proclaim cyber-crime was not foreseeable and a black swan. The claim is not true. As noted before in this August 7, 2014 post, the...

Kirk Hartley
Jun 14, 20161 min read
Let’s Go More Molecular in Asbestos Litigation: Gordon & Reese Says: “The HPV-Lung
Gordon & Reese put out a May 31, 2016 blog post indicating asbestos defendants in non-smoker lung cancer cases may want to argue tumors...

Kirk Hartley
Jun 2, 20161 min read
Asbestos, Other Fibers and the (Likely) New TSCA Statute
It seems as if the new TSCA legislation is destined to pass, despite Rand Paul’s questions. Therefore, one has to wonder whether we are...

Kirk Hartley
Jun 1, 20161 min read
The C8 Litigation Continues for DuPont and Claimants
The C8 litigation is continuing into possible trial #3, and outcome #4. The results to date – and the trials ahead – are summarized in a...

Kirk Hartley
May 31, 20161 min read
Flintkote Fraudulent Conveyance Contingency Fee
Smart lawyers can generate better outcomes, and “defense firms” can act as plaintiffs. That’s one of the messages from a May 23, 2016...

Kirk Hartley
May 25, 20161 min read
“Surviving Settlement Provisions in Joint Defense Agreements”
Thinking about a joint defense agreement with terms with an eye on notice of settlements and sharing costs of judgments, especially for...

Kirk Hartley
May 20, 20161 min read
Science and Law Intersections: When Did Injuries Accrue and Become Known or Knowable – the NH
The intersections between law and science continue to increase as more issues turn on when and how injury is defined and the light...

Kirk Hartley
May 19, 20162 min read
Monday at SCOTUS Was Not a Good Day for Defendants in Tort and Fraud Cases
Monday was not a good day for defendants at SCOTUS. Set out below are four overview statements by LAW360. One might think the litigation...

Kirk Hartley
May 17, 20161 min read
Mass Torts and Jurisdiction – The Battles Continue, Now in California
The jurisdiction wars continue in tort cases, as more state court cases follow on from SCOTUS’ decision limiting assertion of personal...

Kirk Hartley
May 13, 20161 min read
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