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Category Archives: Comparative Law

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Morrison v. Berry – Delaware Supreme Court Rules On Disclosure of the Reasons Behind a Corporate Board Action For Which Business Judgment Deference is Sought

Posted in Delaware Law, Fraudulent Conveyance
It’s certainly been interesting to watch the last several years of opinions from the Delaware Supreme Court. A July 2018 opinion adds to the list of interesting opinions because it limits the circumstances under which business judgment deference will be allowed. The opinion is Elizabeth Morrison v. Ray Berry et. al., which was first issued on… Continue Reading

“Delaware’s Retreat: Exploring Developing Fissures and Tectonic Shifts in Delaware Corporate Law”

Posted in Comparative Law, Corporate Law Relevant to Litigation, Delaware Law
For business lawyers, it’s helpful to keep in mind the big picture view of changes in Delaware corporate law. With that in mind, this post highlights a new article with a view of that sort. It’s available online at SSRN, as described and linked below. The article is related to a talk reviewing Delaware law. … Continue Reading

Predicting Outcomes at SCOTUS – AI and the Old Fashioned Way

Posted in Artificial Intelligence (AI), Comparative Law
SCOTUSblog includes a February 16, 2018 announcement of two interesting events as to predicting outcomes at SCOTUS. The entry is pasted below in full since the point seems to be to spread the word. _______________________________________________________________________________ “Event announcement: The Supreme Court and wisdom of the crowds On February 21 at 12:45 p.m. PST, Stanford University’s CodeX… Continue Reading

Latham’s Commentary on UK Developments: “Reserving Privilege for the Few”

Posted in Comparative Law, Litigation Industry, Privileges
Claims for legal advice privilege are becoming more difficult and narrower in the EU, according to a February 10, 2017 article published at JD Supra by Latham & Watkins. The article is: Reserving Privilege for the Few: The High Court Confirms the Narrow Interpretation of “Client” for the Purposes of Legal Advice Privilege. The article… Continue Reading

Comparison of EU and US Product Liability Law

Posted in Comparative Law, EU Developments, Mass Tort Issues
A slightly dated (2015) but now free article comparing US and EU law on product liability is described in a January 29, 2017 post at the TortsProfBlog. The introduction explains: “Lauren Sterrett has posted to SSRN Products Liability:  Advancements in European Union Product Liability Law and a Comparison between the EU and U.S. Regime.  The… Continue Reading

2017 May Bring an End to the US Federal Version of the Ancient Document Hearsay Exception

Posted in Asbestos, Comparative Law, Evidence, Litigation Industry, Mass Tort Issues, Science
2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s December 28, 2016 blog article regarding the likelihood that 2017 will bring an end to the federal rule for the ancient document exception to the hearsay rule. The article… Continue Reading

An Insurance Underwriter’s View: Growing Global Class Actions, Litigation Funding, and the Harsh Realities for Defendants

Posted in Class Actions, Comparative Law, Litigation Industry, Mass Tort Issues
The growing breadth and depth of global class actions is explored in a September 20, 2016 post at D&O Diary. Riffing off of Professor Coffee’s recent article, Kevin LaCroix pulls together several of his past posts, along with other data and updates, including some interesting observations about class action developments in Asia, as well as… Continue Reading

Florida and Tort Law: Defendants Seem to Keep Losing

Posted in Asbestos, Comparative Law, Litigation Industry
Florida has been an increasingly kind venue and profitable place for plaintiff lawyers. Case law developments during 2016 are reviewed in a July 25, 2016 article in LAW360.  The introduction follows, and the full article is well worth reading. Law360, Miami (July 25, 2016, 4:51 PM ET) — The Florida Supreme Court gave workers and… Continue Reading

Illinois Supreme Court Provides Big Picture Rules for “Specialty Courts” Aimed at Actual Problem Solving for People With Tough Problems

Posted in Comparative Law, Litigation Industry, Offtopic
Interested judges,  lawyers and accused persons actually can work to solve problems, as opposed to simply reaching decisions and meting out sentences. In that vein, the Supreme Court of Illinois has used trial court experience to create some broad rules for the specialty courts.  The rules and process to date are described in a December 8,… Continue Reading

Defense Lawyers Admitting that Florida Worsened for Asbestos Defendants

Posted in Asbestos, Comparative Law
The Aubin opinion in late October was accompanied by happy talk from the US Chamber of Commerce (they focused on not losing completely on the learned intermediary issue). But now, defense lawyers are admitting Aubin worsened the situation in Florida for asbestos defendants and others. For example, Wilson Elser’s  Walter Latimer published a December 8,… Continue Reading

Another Specialty Business Court, in the UK, for Financial Industry Disputes Over £50m

Posted in Comparative Law, Litigation Industry
Specialty courts provide a favored group of litigants with access to special judicial processes and jurists. Some say the courts are part of a race to the bottom, and are often offered by tiny jurisdictions that rank low in other options for producing economic value. Apparantly further proving the thesis, the UK’s High Court now… Continue Reading

VW’s Global Software Fiasco Illustrates Global Scale Problems and Inadvertently Support Justice Breyer’s New Book: The Court and the World

Posted in Comparative Law, Litigation Industry, Mass Tort Issues, Policy Issues
Software and data operate in binary code that changes very little, if at all, for borders (excluding homeland security issues for some software). Therefore, global problems are generated by defects in data or software. VW is the current poster child for this reality as it now has acknowledged global issues involving some 11 million cars,… Continue Reading

UK Supreme Court Declines Human Rights Challenge to Conditional Fees and ATE

Posted in Comparative Law, EU Developments
The UK Supreme Court last week ruled against a party challenging an obligation to pay fees under ATE agreements and conditional fee agreements. The challenger invoked Article 6 of the European Convention on Human Rights. The case is Coventry and others (Respondents) v Lawrence and another (Appellants) [2015] UKSC 50.  The UK Supreme Court’s July 22,… Continue Reading

Shameless Self Promotion for “New Science and Law in Asbestos Litigation: A Multi-Disciplinary Look at Change and Future Directions”

Posted in Asbestos, Asbestos Bankruptcy, Comparative Law, Litigation Industry, Science
Readers of the blog know my view that science matters for toxic tort litigation, and have seen many posts here about aspects of the ongoing revolution in molecular biology. Through some serendipity, I met some people from other disciplines (actuarial work, financial analysis, and PhDs in biologic sciences) who also are very interested in science… Continue Reading

Asbestos-containing Brake Linings – More Changes Ahead for Canada and the US

Posted in Asbestos, Comparative Law
  Sales of asbestos-containing brake linings continue around the world, including in Canada. The types of products and sales volumes are shown in the chart, which is taken from a March 27, 2015 article in the Globe and Mail, by Tavia Grant.  The wide-ranging article includes argumenst back and forth on heath issues, as well as… Continue Reading

Cameras at SCOTUS ?

Posted in Comparative Law
Shook Hardy’s latest product liability newsletter includes an article about and links to a coalition of news groups seeking cameras at SCOTUS. The petition also is here. Televised proceedings on are now routine at the UK Supreme Court. To my knowledge, no one has ever offered a cogent reason for keeping the court in the… Continue Reading

Cross Border Enforcement of Judgments – Ontario Thinking Potentially Broadly

Posted in Comparative Law
The Chevron/Ecuador wars continue to rage, including a judgment enforcement effort in Ontario, Canada. The latter effort resulted in a ruling indicating Canada’s courts may be open to judgment enforcement based on seizing a parent corporation’s shares in a subsidiary corporation that was not involved in the underlying litigation. Mondaq includes a helpful summary article… Continue Reading