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

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New, Global Tool to Evaluate “Collective Action” Laws Around The World – from Baker & McKenzie

Posted in Class Actions/Aggregate Litigation, Litigation Industry, Uncategorized

As some of us predicted years ago, global litigation continues to expand in both class actions and other forms of collective actions.  Now, there’s a new tool to help litigations better assess global possibilities. The tool is described as follows in a November 22, 2017 post at Global Legal Post: “Baker McKenzie has launched an… Continue Reading

Statistical Arguments, SCOTUS, Tyson, and Be Careful What You Wish For

Posted in Class Actions, Class Actions/Aggregate Litigation, Litigation Industry, Science

Excluding Justices Thomas and Alito,  SCOTUS this week not surprisingly concluded that statistical proof can be used in class actions to prove up damages in at least some cases, even if there are some differences between class members. As presented by SCOTUSblog, the issues in Tyson were: “Issue: (1) Whether differences among individual class members… Continue Reading

“Why Whirlpool’s Class Action Trial Victory [in the Clothes Washer Case] May Be Bad News for Class Action Defendants”

Posted in Class Actions, Class Actions/Aggregate Litigation

The headline is the view presented in an October 31, 2014 post by Paul Karlsgodt at the The point he makes in general is that defendants seldom like discrete issue class actions, but the discrete issue class action cases are making a come back after they fell out of favor in the mid 1990s, as described… Continue Reading

NFL Concussion Litigation – Actuarial Reports Disclosed, and More Discovery Sought

Posted in Class Actions/Aggregate Litigation, Damages, Discovery, Mass Tort Issues

Transparency as to class action damages is starting to move forward with respect to the NFL concussion litigation.  As previously noted, Judge Brody ordered counsel for the class and the NFL to put on the public record the actuarial data behind settlement proposals and negotiations.  The documents are available online at Paul Anderson’s, in… Continue Reading

Contrasts in Access to Data – Asbestos Bankruptcies and Underlying Litigation, versus Concussion Litigation

Posted in Asbestos, Class Actions/Aggregate Litigation, Constitutional Law/Mass Tort Law, Discovery, Due Process, Global Tort Litigation, Litigation Industry, Mass Tort Issues, Secrecy

In the NFL concussion litigation, the federal judge overseeing the case has now ordered release of supporting financial calculations for the preliminarily approved class action settlement. The order follows motions for access by players and media. Contrast that disclosure order against the approach in asbestos litigation. Asbestos bankruptcies are de facto class action proceedings. Nonetheless, bankruptcy… Continue Reading

Canadian Class Action Law Continues to Evolve – Antitrust Class Approved By Intermediate Appellate Court

Posted in Class Actions/Aggregate Litigation

Class action law continues to evolve in Canada. This article  from McCarthy Tetrault provides a  link to and commentary on a recent and controversial appellate decision  approving  certification of an antitrust class involving DRAM chips.  Key excerpts are set out below: "The DRAM litigation has been closely followed by specialists in the fields of class action and… Continue Reading

Mass Tort Battles Ahead – New Thinking and Arguments, UK Report Endorses Litigation Funding, and Phillip Morris Hires David Bernick from K & E

Posted in Asbestos Bankruptcy, Class Actions/Aggregate Litigation, Fraudulent Conveyance, Medical Monitoring, Securities and Asbestos, Tobacco

I’m setting aside James Hardie and Australia for a few days. News on Friday provides a great springboard for some comments in the same general area of what’s new in mass tort resolution thinking, and some points related to corporate actions to cope with/avoid/limit the corporate damage from mass tort claims._____________________________________________________________________________ How does big tobacco admit it  faces massive global tort warfare… Continue Reading

Conflict of Interests and International Tort Claims for Persons from Many Countries – The Libyan Terrorism Example

Posted in Class Actions/Aggregate Litigation, Conflicts of Interest in Mass Torts, Global Tort Litigation, Mass Accident Cases, Policy Issues, Sovereigns

Here is an unexpected but interesting non-asbestos example of conflict of interest issues arising from efforts to resolve “mass torts” for various persons around the world. The example arises from the airplane crash and airplane hijacking blamed on Libyan terrorists. The article describes a recently filed lawsuit in which two victims of the crash object… Continue Reading

Supreme Court Grants Cert in F-Cubed Securities Litigation

Posted in Class Actions/Aggregate Litigation, Constitutional Law/Mass Tort Law, Global Tort Choice of Law/Venue Issues

This post offers a brief comment arising from the now widely reported fact (see, for example, SCOTUSblog and many others) that the U. S. Supreme Court granted certiorari from the 2d Circuit’s opinion in the so-called foreign-cubed (a/k/a f- cubed) Rule 10b-5 securities case titled Morrison, et al., v. National Australia Bank, et al. (08-1191),… Continue Reading

Securities Law – Global Claiming – Are US Judgments Actually Binding ?

Posted in Class Actions/Aggregate Litigation, Constitutional Law/Mass Tort Law, Global Tort Litigation

So, where and when are US tort and securities judgments binding on persons who live outside the US, and why should does it matter? Let’s start with the latter question – why does it matter. Suppose, for example, a US bankrupcty court purports to enter a global injunction that bars future asbestos claims that anyone… Continue Reading

Chapter 11 in Hong Kong ? What Would They Do With Mass Tort Claims ?

Posted in Bankruptcy, Class Actions/Aggregate Litigation, Mass Tort Issues, Policy Issues

Here is an AmLaw article about the apparently fairly real possibility of chapter 11 type legislation in Hong Kong. This is getting ahead of the game, but it does provide an opportunity to pause and think about what Hong Kong or other sovereigns might use as an approach to corporate failures caused by mass tort… Continue Reading

Preliminary Report In UK on Possible Changes to Assessment of Costs

Posted in Class Actions/Aggregate Litigation, Costs in Litigation, EU Developments, Global Tort Litigation, Litigation Funding, Mass Tort Issues, Policy Issues

The UK is famous for assessing costs if a case actually goes to judgment. A new look at that topic is underway and is slated to produce a final report by year end 2009. A preliminary draft report has been issued and will be the subject of meetings and comments over the summer. More specifically,… Continue Reading

Global Litigation Trends Article – Aggregate Litigation, Contingent Fees, Litigation Funding, and Punitive Damages

Posted in Class Actions/Aggregate Litigation, EU Developments, Global Tort Litigation, Law Review Articles, Litigation Funding, Mass Tort Issues

Looking for a tight but informative summary of changes around the globe with respect to (1) aggregate or class action litigation, (2) contingent fees and litigation funding, and (3) exemplary or punitive damages? If so, you should read a new article, “Global Litigation Trends.” The authors are Mark Behrens, Gregory Fowler and Silvia Kim, who… Continue Reading