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Private, Automated and Apparently Unfair – The “Law” of the Amazon Marketplace and the Work of Non-Lawyer Advocates

Posted in Antitrust, Comparative Law, Due Process, Litigation Industry

Weekend reading led to an interesting, long form story on the private, automated and apparently  arbitrary and capricious world of  “law” in the Amazon marketplace; see this December 19, 2018 article in the Verge. If one assumes the article is accurate, it seems Amazon is yet another company that disregards existing law (e.g. Uber, Lyft)… Continue Reading

Update on SCOTUS and GM’s Bid for Certiorari in the Ignition Switch Cases

Posted in Constitutional Law/Mass Tort Law, Due Process, Futures Reps

According to this page of the SCOTUS web site, underlying plaintiffs timely filed their briefs opposing GM’s bid for certiorari on February 16, 2017. The page shows the briefs as follows (but does not include links to the briefs). So far, the briefs also are not on LAW360.   No. 16-764 Title: General Motors LLC,… Continue Reading

Brief and Declaration of Former National Security Officials in State of Washington v. Trump

Posted in Civil Rights, Due Process, Executive Orders, Policy Issues

The issues in State of Washington v. Trump can be framed broadly or narrowly. If framed broadly, the issues may have notable impacts as precedent that goes to the tripartite structure of our government, and the extent to which courts can, should, or will “look behind” the actual words of an executive order. The brief… Continue Reading

New GM Seeking Further Hearings on 2d Circuit’s Due Process Ruling

Posted in Asbestos, Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Due Process, Litigation Industry, Mass Tort Issues

Not surprisingly, GM has now publicly asserted it will try every appellate option to try to change the 2d Circuit’s ruling that enforced the rights of claimants to a due process hearing  before being deprived of state law rights against manufacturers of purportedly defective products.  GM’s intentions are described in a July 27, 2016 story… Continue Reading

Finally, Equitable Mootness May Be Dead, At Least in the Third Circuit?

Posted in Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Due Process, GM Bk

Hurray, equitable mootness appears to be dead, at least in the 3rd Circuit. What is it? In short form, it’s a (nonsensical) rationale for denial of the opportunity to appeal bankruptcy court decisions. Is it in the bankruptcy code? No. Then why does it exist? Because bankruptcy lawyers invented an outcome liked by some, and… Continue Reading

Equitable Mootness – Yet Another Due Process Violation in Chapter 11 Proceedings

Posted in Bankruptcy, Due Process

Every litigant faces the possibility of trial and appeal. But Wall Street finds that risk annoying. So, bankruptcy courts invented the doctrine of “equitable mootness” to cut off appeals. The doctrine is still alive and kicking in the east coast circuits, but took at least a flesh wound in a recent Ninth Circuit ruling. The… 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

Connecting Trust Funds and Tort Systems – Madison County Defendants Ask Illinois Supreme Court for Pretrial and Trial Procedures to Force a Connection Between the Tort System and the Bankruptcy Trust Compensation System

Posted in Due Process

Mass tort law today is badly flawed by the lack of connections between state court  tort systems and the parallel but disconnected compensation systems that have arisen through trusts or funds that hold billions of dollars intended to pay tort claims. BP’s oil rig fund is a recent, well-known  example that highlights the growing importance of funds as a… Continue Reading

The Supreme Court Takes Unusual Action on Chrysler – Future Tort Impact Requires Some Thought

Posted in Bankruptcy, Constitutional Law/Mass Tort Law, Due Process

The Supreme Court acted in unusual fashion yesterday on Chrysler, and the actions create some issues that need further thought as to their implications for underlying tort claimants and for due process. Specifically, in this order, the Court granted certiorari, but then immediately vacated the judgment and AND vacated as moot the Second Circuit’s opinion… Continue Reading

Example of Why It May Pay to Give Effective Global Notice in Asbestos Bankruptcies

Posted in Asbestos Bankruptcy, Due Process

Here is an article from Japan this week that reports on finding Libby Mines vermiculite in buildings in Japan. The article claims the material was installed Zonolite. How can Judge Fitzgerald’s orders in the WR Grace case bind these building owners if they were not given effective notice in a language they understand ? Note… Continue Reading