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GlobalTort

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

Category Archives: Asbestos

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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

Author Jock McCulloch Dies of Mesothelioma

Posted in Asbestos, Cancer
Jock McCulloch (and colleagues) wrote multiple books attacking companies that manufactured and/or sold asbestos-containing products in Australia or South Africa.  They include Asbestos – Its Human Cost (1986),  Asbestos Blues: Labour, Capital, Physicians & The State in South Africa (2002), and Defending the Indefensible (2008).   As fate would have it, he died of mesothelioma on January 18, 2018 in Melbourne.… Continue Reading

Striking Pictures of Old Power Plants

Posted in Asbestos, Offtopic
Despite a rather hysterical headline,  this January 2, 2018 Daily Mail article provides interesting pictures of the inside of an old power plant in Georgia. The pictures in the article are from AbandonedSouthEast.com, which has more similar pictures and history for various old locations.… Continue Reading

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