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

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Sources for Recordings of Appellate Oral Arguments; Why is the Second Circuit an Outlier in Failing
After reading about a recent Second Circuit oral argument, I went looking for a recording. It was rather surprising to realize the 2d...

Kirk Hartley
Mar 17, 20161 min read
“The System Cannot Find You” – Utter Incompetence and Indifference at Hotwire and
Below is an email I sent to Hotwire last evening after its “system could not find me,” despite sending me a confirmation for a hotel...

Kirk Hartley
Mar 16, 20161 min read
Science Focused Media Seeking Records Sealed by the Parties
Science-focused media and reporters continue efforts to shake up secrecy agreements between private litigants. The latest example arises...

Kirk Hartley
Mar 16, 20161 min read
Globalization of Litigation Continues; the $1.3 Billion Fortis Securities Settlement Provides an Exa
The global spread of litigation continues as Fortis is now in the midst of a $1.3 billion settlement in Dutch courts. The settlement...

Kirk Hartley
Mar 15, 20161 min read
Fraudulent Conveyance Win in Tronox Netted $93 Million for Kirkland & Ellis
How soon will the US Chamber of Commerce complain about K&E’s $93 million (mainly) contingent fee in the Tronox/Anadarko fraudulent...

Kirk Hartley
Mar 10, 20161 min read
Better DNA Sequencing Tools Continue to Change the Standards for Proof in Criminal Cases; Yet Anothe
As DNA sequencing gets better and better, it’s also improving and changing the standards for proof in criminal law. This March 7, 2016...

Kirk Hartley
Mar 9, 20161 min read
Garlock’s “Plaintiff Fraud” Claim Fails in Kentucky Under Time Bar Law
Garlock’s “plaintiff’ fraud” claims apparently will not be tested on the merits in Kentucky as it just lost an intermediate court appeal....

Kirk Hartley
Mar 8, 20161 min read
For Real BAP1 Facts, Attend the Perrin Conference Next Week; There Was No Trial of a BAP1 Defense in
Various articles (e.g. here) keep repeating the myth that “the BAP1 defense” was “defeated” in a “verdict” in the Perez case in...

Kirk Hartley
Mar 7, 20161 min read
Software, Predictive Models, and Discovery Against Insurance Companies
The discovery wars of tomorrow will include plaintiffs seeking access to existing and future analytic and predictive databases and models...

Kirk Hartley
Mar 4, 20161 min read
Abundant Irony as a Plaintiff’s Firm and Litigation Funder Team Up for a Class Action Against
John Biesner (of Skadden Arps) and the US Chamber of Commerce should be cheering today. Why? Because a litigation funding firm is backing...

Kirk Hartley
Mar 3, 20161 min read
Plaintiff Firm Slater & Gordon Hits a Major Hole
All is not peaches and cream for plaintiff lawyers who acquire abroad after IPOs. Slater & Gordon just announced almost $500 million of...

Kirk Hartley
Mar 2, 20161 min read
SCOTUS Takes on Some Aspects of Fraudulent Conveyance and Bankruptcy
Fraudulent conveyances often are related to existing or impending insolvency, and so of course alleged fraudulent conveyances are often...

Kirk Hartley
Mar 1, 20161 min read
BAP1 Mutation Goes to Trial in a Mesothelioma Case; Upcoming Perrin Conference Will Provide Specific
Now in the books is the first mesothelioma trial to squarely put at issue the legal consequences when the mesothelioma victim inherited...

Kirk Hartley
Feb 29, 20162 min read
Justice Scalia’s Death Leave His Views as Outliers, So Dow Settled A $1 Billion Class Action P
How much of an outlier was Justice Scalia? Evidence suggests an extreme one, at least for some classes of cases, such as class actions....

Kirk Hartley
Feb 26, 20161 min read
$72 Million Verdict in St. Louis Involving Ovarian Cancer and Talc
A few years ago, “toxic tort” trials in St. Louis were not so common. Today, there are ample numbers of asbestos cases, with cases going...

Kirk Hartley
Feb 24, 20161 min read
Plaintiff Web Site Jumps on Italian Paper On Finding Previously Unknown Asbestos Exposures
Knowledge moves fast these days. A January 20, 2016 medical article from Italy – in Italian – reports on results obtained from...

Kirk Hartley
Feb 8, 20162 min read


World Cancer Day – What Are Hopes and Expectations?
“Cancer” is a beast that kills 560,000 Americans per year, and millions more around the globe. “Cancer” akes many forms, most of which...

Kirk Hartley
Feb 4, 20165 min read
Changes in the Delaware Chancery Bench
Due to its role in litigation, it’s interesting to watch the changes in the Delaware judiciary. The latest likely appointees, and some...

Kirk Hartley
Feb 4, 20162 min read
Slater & Gordon Seeks to Restructure and Halt Its Slide
Slater & Gordon is a publicly traded, global plaintiff’s firm. It’s now restructuring to cope with too much expansion too quickly, and...

Kirk Hartley
Feb 2, 20161 min read
Trial Verdict for 27 Asbestos Plaintiffs – In Japan
Most cancer trials are tough for most asbestos defendants to win, in most venues. The point is highlighted by a news story out of Japan,...

Kirk Hartley
Feb 1, 20161 min read
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