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Imerys Talc Chapter 11 Petition – Negotiations Underway for a Consensual Plan

Posted in Asbestos, Asbestos Bankruptcy

Interesting times ahead as Imerys filed a chapter 11 petition in an effort to try to manage the mesothelioma and ovarian cancer claims against it and other entities.  The petition and a related declaration list the top 30 plaintiff firms, which includes numerous plaintiff firms that are not “regulars” in chapter 11 asbestos cases, as… Continue Reading

New Article on Dr. David Egilman

Posted in Asbestos, Litigation Industry

Lawyers involved in mass tort litigation should be aware of this January 24, 2019 article (some would say puff piece) in Science regarding Dr. David Egilman, as well as some of quotes in it. The title is:  “Expert witness David Egilman wins billions—and makes enemies—as he fights companies over public health.” The author,  Douglas Starr, … Continue Reading

90 Minute Film – “The story of asbestos–illustrating the mines and factories of the H.W. Johns-Manville Company Illustrating the mines and factories of the H.W. Johns-Manville Company”

Posted in Asbestos

My automated daily google search for “asbestos” recently pulled up a link to a 90 minute video, apparently from the Library of Congress. The landing page is: https://lccn.loc.gov/91790914/dc The page includes both the video, and the following information: “About this Item Title The story of asbestos–illustrating the mines and factories of the H.W. Johns-Manville Company… Continue Reading

Bogged Down Courts – Six Judges Added To Hear Libby Asbestos Claims Backlog

Posted in Asbestos

Lots of efforts to project asbestos litigation involve efforts to understand and forecast filing patterns, and resolution rates.  On that topic, it’s worth remembering that budget cuts in state courts often always lead to fewer judge and case backlogs. A recent example can be found in the efforts to resolve “Libby asbestos cases.” A December… Continue Reading

New Article Touches on Genomics and Causation as to Mesothelioma

Posted in Asbestos, Cancer, Mass Tort Issues, Science

It’s good to see more lawyers focused on genomics as related to causation in mass tort cases. A group from Goldberg Segalla just wrote about the topic as part of a broader paper on alternative causation issues. The article was published in Mealey’s Asbestos; it is: Defense Strategies For Alternative Causation Arguments In Asbestos Case, … Continue Reading

Notable New Study and Paper on 198 Persons with Mesotheliomas and Germline Variants in Cancer Associated Genes

Posted in Asbestos, Cancer, Science

Some scientific findings provide both opportunities and risks for litigants in mass tort cases. The point is highlighted by a new paper by Panou and colleagues published in mid- August in the Journal of Clinical Oncology. The paper concludes that a significant proportion (12%) of patients with malignant mesotheliomas carry inherited (germline) mutations in cancer-associated… Continue Reading

Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substituted Talc for Asbestos

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts, Litigation Industry

After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the Bestwall/Georgia-Pacific chapter 11 as a “bad faith” filing. The motion is online. The motion sets out a broad attack. Among other things, the motion focuses attention on GP’s one-day use of a Texas statute to divide up the… Continue Reading

Free Access to Our Comments Two Years Ago About Ovarian Cancer and Talc Litigation

Posted in Asbestos, Talc Litigation

In September, 2016, multidisciplinary colleagues and I published and sold our second, in-depth and multidisciplinary analysis of the changes to and new directions in asbestos litigation.  The paper was anchored around law and science innovations, and implications for mass tort claiming. For that effort, I teamed with David Schwartz and other science people at Innovative Science… Continue Reading

“For Bethlehem Steel retirees, worries grow over asbestos exposure”

Posted in Asbestos, Litigation Industry

As the litigation industry continues to expand, efforts continue to recruit plaintiffs also continue. One example involves a meeting of various former workers who may have been exposed to asbestos and other substance at Bethlehem Steel. The  meeting was hosted by a plaintiff’s firm (Lipsitz, Pontario) and attended by Dr. Mark Udell,  as described in… Continue Reading

Delaware Supreme Court Allows Take Home Claims for Spouses Against Product Manufacturers

Posted in Asbestos, Jurisdiction, Litigation Industry

The Delaware Supreme Court issued a unanimous June 27, 2018 opinion allowing “take home” asbestos claims against manufacturers. The ruling is a big deal in light of Delaware’s place in the corporate world, and recent rulings on personal jurisdiction. The opinion by Chief Justice Strine cuts through to core issues, and no doubt will be… Continue Reading

Update on Springer v. Nohl: Fraudulent Conveyance Claims Arising from Shut Down of Company

Posted in Asbestos, Fraudulent Conveyance, Litigation Industry, Mass Tort Issues

The Springer v.  Nohl fraudulent conveyance/asbestos case in Wisconsin highlights dubious corporate side activities, and  is finally over, for now, after producing a very narrow ruling. The Springer case arose out of the shut down and asset sale of a business that sold asbestos-containing products. See this December 9, 2016 GlobalTort  post for summaries of… Continue Reading

“Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts”

Posted in Asbestos, Asbestos Bankruptcy, Litigation Industry, Mass Tort Issues

It seems to be a week for articles highlighting the more tawdry side of the plaintiff side in mass torts. In this instance, a new Forbes article (June 6, 2018)  by Daniel Fisher highlights a “sinecure” obtained by an asbestos trust trustee who appears not qualified for his role.  The article is insightful in some… Continue Reading

Mesothelioma Therapy – Preliminary Report – 1 Complete Response

Posted in Asbestos, Cancer, Science

Therapy with CAR-T cells (artificially modified t-cells) is a “hot” idea these days in cancer therapy.  Last week, the Mesothelioma Applied Research Foundation highlighted some early days, limited success in researchers at MMSK using CAR T cells in a clinical trial setting involving treatment of persons suffering from mesotheliomas; see this May 18, 2018 article. … Continue Reading

Karma – Buffet and National Indemnity Ordered to Pay $43 Million in Libby Mine Case

Posted in Asbestos, Insurance

Those who understand asbestos litigation will appreciate the karma one could see in this outcome. For the rest of you, sorry, but the story is much too long to tell. Suffice it to say it involves lots of “float” and lots of  premiums for after the fact asbestos coverage. http://www.krtv.com/story/37651675/judge-says-private-insurer-not-state-on-hook-for-43m-in-libby-asbestos-claims “Posted: Mar 05, 2018 4:11 PM… Continue Reading

An Example of The Scale of Asbestos Personal Injury Litigation (“The Scourge Of Over-Naming In Asbestos Litigation: The Costs To Litigants And The Impact On Justice”)

Posted in Asbestos, Litigation Industry

The scale of asbestos personal injury litigation provides another example of the scale of the mass tort litigation industry. One could look at many metrics, not the least of which is that relatively modern asbestos claiming is now about 50 years old (but there were workers comp cases and other cases dating well back into… Continue Reading