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

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Quebec Court of Appeals Affirms Massive Class Action Verdict Against Tobacco Companies
The $15 billion or so Quebec class action verdict in Canada against tobacco companies was upheld late on Friday in a 440 page opinion, in...

Kirk Hartley
Mar 4, 20191 min read
More AI – What if Alexa Went to Law School?
What if Alexa went to law school? That’s the interesting headline used to tee of some exchanges about AI and changes to Lexis/Nexis...

Kirk Hartley
Feb 28, 20191 min read
The Protection Gap in Property Insurance – A Conference – Friday, March 29, 2019 Rut
“Protection gaps” are one of the results of the failure of state regulation of most forms of insurance. The gap problem – as it exists...

Kirk Hartley
Feb 26, 20192 min read
Notable Change at the Florida Supreme Court
Three new justices joined the Florida Supreme Court early in 2019 due to retirements of others. The new justices all were appointed by a...

Kirk Hartley
Feb 25, 20191 min read
“EXPERT PLANNING MEETING FOR NATIONAL MESOTHELIOMA PATIENT REGISTRY – MARCH 26, 2019 IN BETHES
At long last, plans are moving forward to establish a national mesothelioma patient registry in the United States. A key meeting of...

Kirk Hartley
Feb 22, 20191 min read
UK Asbestos Litigation: Carey v Vauxhall Motors Ltd: “First reported “overalls case” in whic
In the UK, an “overalls” case is a shorthand term for a “take home” case, as we refer to them in the US. Of greater note, a UK plaintiff...

Kirk Hartley
Feb 21, 20191 min read
Private Forensic Use of DNA: “The Making of a DNA Detective”
An interesting WSJ opinion article of February 15, 2019 briefly recaps the work of some of the persons involved in private forensic use...

Kirk Hartley
Feb 20, 20191 min read
Compensation Funds are Seldom Simple: ‘We recognize this is horribly unfair.’ 9/11 victim fund will
It’s seldom simple to plan and manage a compensation fund for personal injuries. The currents status of the September 11th Victim...

Kirk Hartley
Feb 18, 20191 min read
Imerys Talc Chapter 11 Petition – Negotiations Underway for a Consensual Plan
Interesting times ahead as Imerys filed a chapter 11 petition in an effort to try to manage the mesothelioma and ovarian cancer claims...

Kirk Hartley
Feb 15, 20191 min read


World Cancer Day – 18.1 Million New Cases per Year
It’s world cancer day, a reminder of the biggest global terrorist and driver of much litigation. The chart is from: Bray F, Ferlay J,...

Kirk Hartley
Feb 4, 20191 min read
New Article on Dr. David Egilman
Lawyers involved in mass tort litigation should be aware of this January 24, 2019 article (some would say puff piece) in Science...

Kirk Hartley
Jan 29, 20191 min read
Broad Data from NEJM on “Medical Marketing in the United States, 1997-2016”
For those litigating drug cases, the NEJM just published an open access article with a broad set of data on medical marketing. It’s...

Kirk Hartley
Jan 21, 20193 min read
Chapter 11 After Failure to Appreciate the Scale of Risk: “PG&E Sparked at Least 1,500 Cal
January 14, 2019 articles around the web describe PG&E moving to file chapter 11 due to risks and potential liabilities. One of the...

Kirk Hartley
Jan 14, 20191 min read
California Supreme Court Changes – Bluer, It Appears
Depending on perspectives, the California Supreme Court is famous (or infamous) for its rulings and is nationally influential....

Kirk Hartley
Jan 11, 20191 min read
The Age of Trials on TV – “CVN’s Top 10 Most Impressive Plaintiff Verdicts of 201
Amazing changes in the litigation industry include the real arrival of television covering trials, including plenty of “mass tort” cases....

Kirk Hartley
Jan 9, 20191 min read
90 Minute Film – “The story of asbestos–illustrating the mines and factories of th
My automated daily google search for “asbestos” recently pulled up a link to a 90 minute video, apparently from the Library of Congress....

Kirk Hartley
Jan 8, 20192 min read
Arbitration Confidentiality Clause Does Not Control Subsequent Proceedings in Court
An arbitration agreement may specify confidentiality, but does that term necessarily control and require sealing of subsequent...

Kirk Hartley
Jan 7, 20192 min read
“50-State Survey of Damage Caps and the Collateral Source Rule”
In the late 1980s, we did a 50 state survey through lawyers around the country. Today, they still exist, in some instances. This one is...

Kirk Hartley
Jan 3, 20191 min read
Blood Spatter “Science” and Wrongful Conviction Claims
It is depressing to read about the havoc wreaked in some cases by apparently not credible “blood splatter science,” and some other fringe...

Kirk Hartley
Jan 2, 20191 min read


Daunting Current and Projected Future Cancer Statistics
From AACR 2018 Cancer Report The chart and text are from the 2018 Cancer Progress Report from the American Association for Cancer...

Kirk Hartley
Dec 31, 20181 min read
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