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

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1979 – 2017 – Value Assurance Plans for “Toxic” Property Damage Situations

Posted in Damages, Litigation Industry, Mass Tort Issues

A new “toxic tort” blog (by Bill Ruskin) launched with an interesting mini-review of the use of Value Assurance Plans as a means for defendants to resolve claims involving possible diminution in value of “contaminated” property. The review is in a July 27,  2017 post at the blog bearing his name.… Continue Reading

Order on Damages in a UK Mesothelioma Case

Posted in Asbestos, Caps on Damages, Damages, International Asbestos

Comparing mesothelioma cases damages in the UK to similar damages in the US usually produces some amazement. A January 13, 2017 UK trial court ruling is online here, and well worth reading for comparative purposes. The case involves a successful entrepreneur, now in mid-70s, and fated to die of pleural and peritoneal mesothelioma from tradesman… Continue Reading

Broad Study Finds No Impact for Medical Malpractice Damages Caps as Tools to Adjust the Supply of Physicians

Posted in Caps on Damages, Medical Malpractice

A new study highlights an irony as to the value (or not) of damages caps in medical malpractice cases as a tool for adjusting the supply of physicians in geographic areas or medical specialities. The new study finds no empiric support for the caps, with high confidence intervals. There is irony in the report because… Continue Reading

Childbirth Left Her a Quadriplegic After Medical Malpractice; How Would Damages Caps Be Fair to this Family?

Posted in Caps on Damages, Damages, Insurance, Litigation Industry, Medical Malpractice, Policy Issues

Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the economic burden of a medical error. That risk instead can and should be spread to many since actuaries say they can predict the general patterns of medical treatments and error rates, and can provide… 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

Externalizing Costs of Failure – American Airlines Fails to Fly to London – No Back Up Plane – Too Many Modern Business Models Externalize Costs of Failure

Posted in Damages

A brief rant brought on by American Airlines failing to fly this morning to London. The usual song and dance – "equipment failure" and no back up plane available. So, because American cuts costs by not having backup planes, hundreds of people are now wasting a day, and wasting lots of money that had been… Continue Reading

New Science – Creating a Test to Find People with Specific Genetic Defects to Create a Unique Cohort for a Clinical Trial

Posted in Damages, Medical Monitoring, Science

This August 27 press release from Abbott and Pfizer exemplifies another way science is changing and will over time create new legal issues as to remedies for tort claims. The pertinent part of the press release is quoted below; the gist is that the two are undertaking a joint effort to create a diagnostic test… Continue Reading

New Science – Observable Brain Changes in Rats Subjected to Stress

Posted in Damages, Science

More on brain rewiring and damages potentially recoverable in current or future tort litigation. This prior post provided some fact patterns and legal issues on future damages issues as drawn from research breakthroughs described in a wonderful book on brain plasticity – The Brain That Changes Itself — Stories of Personal Triumph from the Frontiers… Continue Reading