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GlobalTort

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

Category Archives: Comparative Law

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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 sky.com 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

Do Judges Have First Amendment Rights?

Posted in Comparative Law
The First Amendment has become a war horse ridden by many. Now a new question – do judges have First Amendment rights to comment on litigation before them? Certainly most all members of the litigation industry fight hard to try to win comments and decisions from judges. Think Judge Jack and silica. And for years now,… Continue Reading

Challenging Orthodoxy in Tort Litigation

Posted in Comparative Law
A post from the TortsProf blog brings news of an apparently interesting new book on torts. The introduction starts as follows: "From Hart Publishing comes a new torts book and a discount for our readers: Tort Law: Challenging Orthodoxy  Edited by Stephen GA Pitel, Jason W Neyers and Erika Chamberlain In this book leading scholars… Continue Reading

Chevron, Ecuador and Arbitral Power Over Courts

Posted in Comparative Law
What do mass torts have to do with arbitration? In some instances, quite a bit. The Chevron/Ecuador/Donziger circus masks interesting and significant legal issues regarding the intersections between arbitration rulings and judicial rulings. Indeed, within the matrix group of lawsuits, there was an arbitration ruling to enjoin enforcement of a judicial judgment entered in Ecuador. … Continue Reading

Long Term “Legacy” Risks – A Mining Example Raises the Issue – Is 500 Years “Perpetual”?

Posted in Comparative Law
How to deal with "long term" risks and costs related to business operations? A proposed new mine in Minnesota exemplifies some of the topics that arise and are receiving increasing scrutiny.  According to this October 5, 2013 StarTribune article by Josephine Marcotty, the proposed new mine would operate for perhaps 20 years. A draft regulatory… Continue Reading

Canadian Ruling on Liability of Parent Entity for Alleged Human Rights Violations at a Subsidiary

Posted in Comparative Law
Corporate structures continue to face new challenges as plaintiffs seek to hold parent companies liable for actions related to subsidiaries. A new ruling on this subject is from Canada, and arises in the context of alleged human rights violations by persons working for a subsidiary. Lawyers from Gowlings summarize the case in this article. The… Continue Reading

Knowledge Transfer in Claiming – Rising Disability Claims and Expense in the US

Posted in Comparative Law
Some interesting observations in A WSJ op ed piece on rising disability claims and expenses. The author is Michael J. Boskin, a Stanford professor with impressive academic credentials, but a chink in the intellectual portfolio for previously suggesting that it does not matter if a country produces computer chips or potato chips, a statement made… Continue Reading

Corporate Families May Create Obligations and Liabilities Not Evident from Corporate Structure Diagrams

Posted in Comparative Law
Corporate families with tiered structures create legal responsibility issues of many kinds. Sophisticated plaintiff’s lawyers for injured persons are increasingly delving into the specifics, and finding that the overlapping structures create legal obligations and remedies probably not foreseen by many corporate lawyers. The obligations and remedies can arise when there are separate but overlapping functions,… Continue Reading

Winds of Change – The Myth of Shareholder Value

Posted in Comparative Law
Winds of change are blowing. Last year, a widely respected business law professor wrote a little book titled "The Shareholder Value Myth." In her book, Professor Lynn Stout argued that there is no valid legal precedent for the concept of giving control to the desires of short-term investors, such as hedge funds. It’s a cogent,… Continue Reading

Open Access to Law Continues to Expand – The UK Supreme Court Uses YouTube to Create More Open Access to Information About Judgments

Posted in Comparative Law
Open access to information. It’s a prime tenet of the Internet. It’s fostering science through wide and virtually instant communication of massive amounts of scientific data through open access journals such as the Public Library of Science, commonly known as PLoS.  The UK Supreme Court also gets "open access," as described in recent posts on… Continue Reading

An Example of the Intricacies of Breaking New Ground in Claiming Against Sovereigns, and Collecting

Posted in Comparative Law
There are many things happening in the world of lawsuits against sovereigns, and the top of the list includes claims and collections against Argentina on its many years of failure to pay some bondholders. The point of this post is not to reinvent the existing commentary. The point instead is to spread the wry thought… Continue Reading

China Orders Risk Assessments Ahead of Projects (and a Reminder Never to Assume Others Know History Some of Us Take for Granted)

Posted in Comparative Law
Even China is starting to act on the recognition of the long-term costs and risks of pollution. Over the past few decades, the nation’s industrialization has included repeating the Western mistakes of creating massive pollution and early deaths or diseases. More recently, thousands of sometimes violent Chinese protesters have emerged to challenge new projects perceived… Continue Reading