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

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Mass Tort Claiming and Resolution – Lots of Great Posts and Links at the Mass Tort Litigation Blog

Posted in Creative Settlement Strategies, Exiting the Tort System, Futures Reps, Global Tort Litigation, Mass Tort Issues, Medical Monitoring, Predictions, Science

I’d love to take a few days to read and write about interesting thinking on mass torts and claims resolution issues. But that’s not possible right now. I do, however, have time to urge readers to spend some time on the November and December posts at the Mass Tort Litigation Blog. At the blog, you… Continue Reading

Product Liability Claimants Unhappy with Chrysler and GM Bankruptcies

Posted in Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Exiting the Tort System, Policy Issues

An article in The Hill reports that product liability claimants are not happy with the developments in the Chrsyler and GM chapter 11 cases, so they are taking the issue to new fora – the Senate and the media. A similar article is in the WSJ blog known as Deal Journal. Specifically, they are upset… Continue Reading

Manville Asbestos Trust Reducing Transparency on its Asbestos Claims Data

Posted in Asbestos Bankruptcy, Exiting the Tort System, Policy Issues, Propensity to Claim

— See also March 11, 2009 update on the entry below ——- ___________________________________________________________________ Today’s entry is unusual, and arises because of fact research I undertook in preparation for a presentation as part of panel focused on “global asbestos claiming” at a March 9-11 BVR/Mealeys seminar on Emerging Trends in Asbestos Litigation. Why write about fact… Continue Reading

Moving Towards the end of James Hardie Trial re Creation of Its Asbestos Trust

Posted in Asbestos, Asbestos Bankruptcy, Asbestos litigation, Exiting the Tort System, Global Tort Litigation, Policy Issues

James Hardie is an Australian building products company that made lots of asbestos-cement products, some of which were made from the especially lethal blue asbestos fiber known as crocidolite. In years past, it was being sued frequently. It then redomesticated to the Netherlands and established a trust to pay victims, perceiving the law there as… Continue Reading

Congoleum Asbestos Bankruptcy Denied and Set for Appeal

Posted in Asbestos Bankruptcy, Asbestos litigation, Exiting the Tort System

It is striking news that a bankruptcy judge has refused to allow Congoleum to continue to try to confirm an asbestos bankruptcy plan. Instead, late last week, she cut off the litigation with a final order that is being appealed. The opinion and related papers are here. The case has along history that is summarized… Continue Reading

Exiting the Tort System – Pa. Opinion on Challenging a Statute Limiting a Corporation’s Tort Liability

Posted in Asbestos Bankruptcy, Exiting the Tort System, Mass Tort Issues, Policy Issues

Some corporations that made or sold various allegedly “toxic” or harmful products are today looking for and pursuing all kinds of paths to try to exit the “tort system.” One such entity is Crown Cork & Seal, which has been part of an ongoing saga in Pennsylvania that arises from a special statute limiting liability… Continue Reading