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

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Statements During Settlement Negotiations Can Be Used for Many Purposes – Insurance Companies
Rule 408 and analogous state law rules are intended to protect a good faith settlement offer from being used at trial to prove liability....

Kirk Hartley
Aug 4, 20142 min read
How Common or Rare is Corporate Fraud ?
Facts are useful when debating the extent of fraud. Within the world of corporate fraud, a useful source for some facts is KPMG’s 2013...

Kirk Hartley
Aug 1, 20141 min read
Update on the Status of the Delaware Litigation Industry in Terms of Changes in State Court Judges
The status of the litigation industry in Delaware in terms of changes in state court judges is covered in a July 30, 2014 post from...

Kirk Hartley
Jul 31, 20141 min read
Limiting Bankruptcy Court Exculpations Against Liability – Objections from a US Trustee to Req
Bankruptcy lawyers are seldom shy in asking for too much in chapter 11 plan confirmation orders. And, too often, the lawyers and their...

Kirk Hartley
Jul 31, 20141 min read
Conflicts Among Class Members – The NCAA Concussion Version
The unsolved problem of conflicts between class members is amply illustrated by lawyers arguing back and forth about the “settlement”...

Kirk Hartley
Jul 30, 20141 min read
Good News for Insureds on Legal Fee Reimbursement – “Washington Federal Court Orders Br
A July 25, 2014 post from The Northwest Policyholder provides good news for insureds, and potentially for defense counsel. The good news?...

Kirk Hartley
Jul 30, 20141 min read
Patterns of Copy Number Variations Across All Types of Cancer
Nature Genetics includes a free, very useful article on copy number variations across cancers of all types. The review is based on a...

Kirk Hartley
Jul 30, 20141 min read
Fostering Cross-border Litigation – ABA Opinion 464 Allows Dividing Legal Fees with Nonlawyers
Cross-border litigation with UK lawyers and non-lawyers (and others) is becoming easier for US lawyers. An example arises from ABA...

Kirk Hartley
Jul 29, 20142 min read
“Sustainability and human health issues pertinent to fibre reinforced polymer composites usage
A new review article that may someday be relevant to toxic tort litigation. “Sustainability and human health issues pertinent to fibre...

Kirk Hartley
Jul 28, 20141 min read
The Asbestos Bankruptcy Saga Continues – Where Are They Now, Part VII
Mark Plevin, Leslie Davis, Tacie Yoon and Rebecaa Suarez are the authors of the seventh edition of the valuable series of papers...

Kirk Hartley
Jul 28, 20141 min read
Garlock Ruling Is Out – The Trial Is Unsealed, and More
The Garlock trial sealing order has been reversed. The order also provides that one judge will oversee Garlock’s claims against...

Kirk Hartley
Jul 24, 20141 min read
How Long Before StubHub Is Sued Over Security Breach?
According to a July 23, 2014 post at the highly reliable Krebs on Security, hackers made off with $10 million or so of electronic tickets...

Kirk Hartley
Jul 24, 20141 min read
Travelers is Running Out of Rope in the Important Ongoing Saga from the Manville Bankruptcy
Due to a Second Circuit ruling yesterday, Travelers is about out of rope in its effort to avoid paying $500 million to asbestos...

Kirk Hartley
Jul 23, 20141 min read
Supply Chain Issues – Are Ds and Os Paying Attention?
Globalization can reduce expenses and raise profits by purchasing goods from the cheapest supplier. But purchasing the cheapest product...

Kirk Hartley
Jul 23, 20141 min read
“Canvas” Technology that “Fingerprints” Web Site Visits – Imagine the
Amazing what’s out there on the web that may in the future provide interesting facts for lawyers. A July 21, 2014 report at ProPublica...

Kirk Hartley
Jul 22, 20141 min read
The Miracle Fiber is Frustrating Vegas
At least for now, natural asbestos deposits are blocking highway construction near Las Vegas, according to a July 20, 2014 story in the...

Kirk Hartley
Jul 22, 20141 min read
Legal Humor – “Bankruptcy Beach Reading”
Need some legal humor? Go read “Bankruptcy Beach Humor” from Weil’s bankruptcy blog!

Kirk Hartley
Jul 18, 20141 min read
Warren Buffet Companies Take Over Even More of the US Asbestos Risk – New Deal Takes on Libert
Developments continue for asbestos litigation – and insurance coverage for asbestos claims. Warren Buffet’s companies already have been...

Kirk Hartley
Jul 18, 20142 min read
“Occupational Cancer: Key Challenges and Opportunities for Change”
The story of asbestos disease – and the resulting litigation – is part of the larger story of “occupational cancer.” A new op-ed (free...

Kirk Hartley
Jul 15, 20142 min read
2014 Update from Tucker Ellis on “Take Home” Asbestos Premises Liability Cases
Tucker Ellis lawyers recently published a helpful summary of “take-mome” asbestos premises liability cases. It’s online here.

Kirk Hartley
Jul 15, 20141 min read
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