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

Category Archives: Asbestos

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Mass Tort Missiles and Counter-Missiles – The GM Chapter 11 Asbestos Claim Example

Posted in Asbestos, Asbestos Bankruptcy, Litigation Industry
It’s interesting to watch the missiles and counter-missiles used by “repeat players” in “mass tort” litigation. A prime example arose in the asbestos personal injury claim portion of the General Motors chapter 11 case. There, GM (debtor) launched subpoenas seeking discovery of claimant-specific discovery from a wide set of asbestos trusts. As a counter-punch, the… Continue Reading

When Your Blog Post Becomes a YouTube Item: The Mesothelioma Advertising Example

Posted in Asbestos, Litigation Industry
Amazing, and improper.  On October 6, 2015, I posted about MesoLawyersCare.   Recently, I stumbled onto a YouTube video that puts my words to music. Below, screenshots of part of the YouTube, and the text of my prior post.   “Meso Lawyers Care ” New Cooperative Marketing by Four Prominent Plaintiff Firms, and Some Investment in Mesothelioma… Continue Reading

Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders in Cross Border Toxic Tort Cases?

Posted in Asbestos, Jurisdiction, Litigation Industry
Jurisdiction for toxic tort suits remains a “hot topic.”  A new example arises from oral argument in a Delaware Supreme Court case involving claims of disease in Argentine farm families. The suit was filed by well known US plaintiff firms against big tobacco entities. The substantive issues go to whether an order of dismissal should… Continue Reading

“Estimated future incidence of malignant mesothelioma in South Korea: Projection from 2014 to 2033”

Posted in Asbestos, Cancer
A recent article explains that mesotheliomas in South Korea are projected to increase over the years ahead, mainly because of demographics, according to these authors. The article is  “Estimated future incidence of malignant mesothelioma in South Korea: Projection from 2014 to 2033.” The abstract explains: “Malignant mesothelioma is a malignant tumor on the pleura or the peritoneum… Continue Reading

K&L Gates Explains: Who Will Be Handling Your [Asbestos] Claims Under Berkshire Hathaway’s Latest Retroactive Reinsurance Deals?

Posted in Asbestos, Insurance, Resolute
Berkshire’s appetite for asbestos claim revenue has generated numerous interesting deals, to the least. The latest pair of deals received some public analysis in a July 13, 2017 web site article by insurance coverage lawyers at K & L Gates.  The introduction describes the deals reviewed; see the full article for the conclusions. “Earlier this year,… Continue Reading

Manville Trust Transparency – Data from David Austern

Posted in Asbestos, Asbestos Bankruptcy, Cancer
In the good old days, there was more asbestos trust transparency as to overall statistics for the Manville Trust. One reason for the transparency was presentations by David Austern at asbestos litigation conferences. As an example, consider this detailed set of data showing claims by disease for the “pre-1995 period” up through 2001.  The data… Continue Reading

An Anti-Asbestos View of Prior Efforts to “Ban Asbestos”

Posted in Asbestos, Litigation Industry
With new events ahead as to whether/how to “ban” asbestos, it’s interesting to look back at other efforts on the same topic. To that end, consider this October 18, 2011 article by Laurie Kazan-Allen that provides an anti-asbestos perspective. Through a group known as the International Ban Asbestos Secretariat, Laurie has spent many years working… Continue Reading

Perrin Conferences May 15 Webinar: JURORS, GENOMICS AND TORT LITIGATION WEBINAR: BREAKING DOWN THE SCIENCE OF GENOMICS FOR JURORS, ATTORNEYS AND THE BENCH

Posted in Asbestos, Cancer
Researchers continue to identify more and more genes that appear relevant to development of mesothelioma. Are you experts and trial team ready? If not, consider the upcoming webinar described below. JURORS, GENOMICS AND TORT LITIGATION WEBINAR: BREAKING DOWN THE SCIENCE OF GENOMICS FOR JURORS, ATTORNEYS AND THE BENCH Monday, May 15, 2017 2:00 – 3:30pm… Continue Reading

SCOTUS Denies Cert for GM in the Ignition Switch Cases – Due Process in Bankruptcy Gets Rebooted to Some Degree

Posted in Asbestos, Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Litigation Industry, Mass Tort Issues
Due process in bankruptcy has been rebooted to some degree. How? Through SCOTUS’ April 24, 2017 denial of GM’s cert petition from the Second Circuit’s ruling against GM in the intersection between GM’s chapter 11 proceedings and the ignition switch cases. GM’s cert petition had been supported by the U.S. Chamber of Commerce and the… Continue Reading

Analysis of Personal Jurisdiction Arguments at SCOTUS on “Mass Tort” Cases

Posted in Asbestos, Jurisdiction, Litigation Industry, Mass Tort Issues
The following is a guest post from Maron Marvel Bradley Anderson & Tardy LLC. As always, the analysis is cogent and very much appreciated. HIGH COURT HEARS PERSONAL JURISDICTION ARGUMENTS April 25, 2017 – Washington, D.C. – Oral argument was heard today on two cases that may impact the application of the high court’s personal jurisdiction… Continue Reading

Not One, But Two, State Supreme Courts Uphold Strict Application of Daimler Last Week

Posted in Asbestos, Litigation Industry, Mass Tort Issues
A guest post from three of the many smart lawyers at Maron Marvel Bradley Anderson & Tardy LLC. Unlike me, they can keep up, and the knowledge and posts are very much appreciated. March 3, 2017 Not One, but Two, State Supreme Courts Uphold Strict Application of Daimler This Week by Stephanie A. Fox, Antoinette… Continue Reading

Jurors In Toxic Tort Litigation Take Genetics Seriously

Posted in Asbestos, Cancer, Litigation Industry, Mass Tort Issues, Science
In the shameless self-promotion department, another article on “omics” and torts. LAW360 kindly published this on February 21, 2017.  In my view, it’s critical for trial lawyers to get focused on a range of topics related to “omics” and toxic torts. Jurors In Toxic Tort Litigation Take Genetics Seriously Share us on: Law360, New York… Continue Reading

Simmons Hanly Names New Partners in Mass Tort Cases

Posted in Asbestos, Litigation Industry, Mass Tort Issues
From the January 17, 2017 Issue of the Chicago Daily Law Bulletin. It’s interesting to see practice areas as defined by a plaintiff’s firm. “Simmons Hanly Conroy LLC named Karoline B. Carstens, Warren Brent Copple, Kenneth P. Danzinger, Suvir Dhar, Ryan Dickherber, Michael Cody Favilla, John J. Foley, Courtney E. Harashe Gregory, Ryan J. Kiwala,… Continue Reading

Order on Damages in a UK Mesothelioma Case

Posted in Asbestos, Caps on Damages, Damages, International Asbestos
Comparing mesothelioma cases damages in the UK to similar damages in the US usually produces some amazement. A January 13, 2017 UK trial court ruling is online here, and well worth reading for comparative purposes. The case involves a successful entrepreneur, now in mid-70s, and fated to die of pleural and peritoneal mesothelioma from tradesman… Continue Reading

Sole Proximate Cause in Illinois – the Journey Continues

Posted in Asbestos, Litigation Industry
The journey continues in Illinois on “sole proximate cause.” In Madison County, an ongoing trial presents contested issues regarding “sole proximate cause” in the context of asbestos litigation. The case is described in a February 15, 2017 article at Madison-St. Clair record. The journey also is ongoing in more general cases at the appellate level.… Continue Reading

Biomarker Exposure Tests Will Revolutionize Toxic Torts (Shameless Self Promotion)

Posted in Asbestos, Litigation Industry, Mass Tort Issues, Science
A bit of shameless self promotion for me and colleagues at Innovative Science Solutions. This week brought us 15 seconds of “fame” through publication of a February 7, 2017 article in a widely read national legal publication known as LAW360. The article focuses on the molecular biology revolution moving slowly but steadily into litigation involving… Continue Reading