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Category Archives: Global Tort Litigation

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Delaware Supreme Court Holds that Determination that an Adequate Alternative Forum Exists is Not Required for Dismissal on Forum Non Conveniens Grounds

Posted in Constitutional Law/Mass Tort Law, Global Tort Litigation, Jurisdiction, Litigation Industry, Mass Tort Issues
Once upon a time, it seemed the 1980 ruling in  World-Wide Volkswagen would control forever, and that jurisdictional jurisdictional issues were well-settled in the US  for tort claim cases.  Today, the world is not so simple, as illustrated by (among others) prior posts here, here and here,  and innumerable articles around the internet. Last year, in a September… Continue Reading

D & O Diary “Book Review: An Updated Global Guide to Directors’ Liability and Indemnification”

Posted in Global Tort Litigation, Litigation Industry
In a sign of the times, Kevin LaCroix at D & O Diary published an October 12, 2016 post titled:  “Book Review: An Updated Global Guide to Directors’ Liability and Indemnification.”  I mention it here simply to point out the messages implicit in the existence of the book, and a knowledgeable commentator spending the time… Continue Reading

1st Annual European Asbestos Forum, Including a Focus on Lung Cancer and Asbestos

Posted in Asbestos, Global Tort Litigation, International Asbestos, Lung Cancer Claims
Europe continues to see a growing focus on asbestos topics, including both non-litigation and litigation-related topics. An example arises from the new European Asbestos Forum, an international asbestos conference that will be held on May 27th in Amsterdam, the Netherlands. The location (I am told) “is a gorgeous hotel;  the beautiful 5-star NH Grand Hotel… 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

Fostering Cross-border Litigation – ABA Opinion 464 Allows Dividing Legal Fees with Nonlawyers

Posted in Global Tort Litigation, Litigation Industry
Cross-border litigation with UK lawyers  and non-lawyers (and others) is becoming easier for US lawyers. An example arises from ABA Formal Opinion 464. An ABA Journal article from November 2013 provides background and color. The bottom line is that the opinion allows cross-border fee sharing with nonlawyers, in some circumstances. It states: “In summary, a division… Continue Reading

International Consumer Product Safety Conference – Brussels, Belgium

Posted in Global Tort Litigation, Litigation Industry, Securities
An online page presents information about this upcoming global conference on consumer products. The world continues to get smaller with increases in cross-border communication. The page provides the following overview: “International Consumer Product Safety Conference – Brussels, Belgium June 17-18, 2014 Thank you for your interest in ICPHSO’s 10th International Symposium. ICPHSO will again provide… Continue Reading

South African Violence Changes the Risks for Tort Litigants Involved in Claims in Africa Regarding Mining

Posted in Global Tort Litigation
(Photo by Siphiwe Sibeko/Reuters, and published in the NYT) Litigation risks are sometimes self-created, are created solely by others, or are created by a mix of circumstances. This week’s awful violence in South Africa illustrates the reality that litigation risks arise in ways that cannot be controlled by any one plaintiff or defendant. Specifically, South African… Continue Reading

Maltese Dock Workers Sue the Maltese Government in the European Court of Human Rights for Asbestos Diseases

Posted in Global Tort Litigation
The Times of Malta brings news today of new asbestos litigation related to Maltese shipyards and asbestos. Prior posts covered some older claims. The new claims are against the Maltese government and are filed in the European Court of Human Rights. The story from the Times of Malta is pasted below. "About 20 former dockyard workers… Continue Reading

US Supreme Court Agrees to Hear Appeals Regarding Corporate Liability Under ATS

Posted in Global Tort Litigation
The Justice Roberts court typically is out to provide certainty for big business, and so it’snot surprising the Court has granted certiorari appeals in two cases presenting issues regarding the scope of corporate liability vis a vis federal law. OpinioJuris has the short story here, and SCOTUS blog’s post is here. As always, SCOTUS has… Continue Reading

America’s Defense Research Institute Goes to Spain – Hot Topics Include Class Actions, Litigation Funding, and Product Liability

Posted in Global Tort Litigation
Continuing a policy that started in the last few years, the Defense Research Institute is once again sponsoring a cross-border seminar in tort litigation – this time in Barcelona on 17 and 18 November. The agenda is here, and the title is The Changing Landscape of International Litigation: Hot Topics. What are the Hot Topics… Continue Reading

Injunction Issued to Block Enforcement of $ 9 Billion Judgment Against Chevron for Environmental Damage in Ecuador

Posted in Global Tort Litigation
Global tort litigation includes numerous battles within the war. This week, Chevron is trumpeting the fact that it won a preliminary  injunction ruling seeking to bar enforcement of a $ 9 billion judgment entered in Ecuador because of Chevron’s trashing of  various swaths of land in the nation, and alleged resulting cancers and other diseases.   Alison Frankel provides analysis… Continue Reading

UN Releases Draft Document on Framework for “Protect, Respect and Remedy”

Posted in Global Tort Litigation
Human rights law continues to expand,  and is an increasing part of international tort claiming.    Set out below are the lead in paragraphs from a new post at a Foley Hoag blog known as Corporate Social Responsibility and the Law.  The entire post is quite helpful, and includes other related links. The U.N. Special Representative for… Continue Reading

Rio Tinto International Litigation, Mediation Order and Example of a Young Lawyer Who Apparently Created a Fascinating Career Focused on Corporate Social Responsibility

Posted in Global Tort Litigation
Here is the link to a brief but very helpful summary of a decade of international tort litigation against Rio Tinto. The article includes its own helpful links, and keys on and links to a recent 9th Circuit opinion ordering mediation of the claims before considering an appeal. Note also the fascinating career path of the… Continue Reading

UK Asbestos Working Party More Than Doubles Estimate to 11 Billion Euros

Posted in Asbestos, EU Developments, Global Tort Litigation, Litigation Industry
A summary article from Insurance Business Review is online here, and is pasted below. ____________________________________________________________________________ UK Asbestos-Related Claims To Be Around £11bn For 2009 To 2050 Published:26-January-2010 By Staff Reporter Total undiscounted cost of UK asbestos-related claims to the insurance market is expected to be around £11bn for the period 2009 to 2050, according to a… Continue Reading

Conflict of Interests and International Tort Claims for Persons from Many Countries – The Libyan Terrorism Example

Posted in Class Actions/Aggregate Litigation, Conflicts of Interest in Mass Torts, Global Tort Litigation, Mass Accident Cases, Policy Issues, Sovereigns
Here is an unexpected but interesting non-asbestos example of conflict of interest issues arising from efforts to resolve “mass torts” for various persons around the world. The example arises from the airplane crash and airplane hijacking blamed on Libyan terrorists. The article describes a recently filed lawsuit in which two victims of the crash object… Continue Reading

Global Asbestos Claiming – Report on Asbestos Litigation in Nine Nations – Munich Re’s Major Compilation of Information

Posted in Asbestos, Asia, EU Developments, Global Tort Litigation, Insurance Coverage for Tort Claims, International Asbestos, Japan, Litigation Industry, Propensity to Claim, Risk Management, Sovereigns
Here is the online image of Munich Re’s recent, comprehensive report on asbestos litigation, Asbestos: Anatomy of a Mass Tort. The 112 page report is authored by Nicholas Roenneberg, and is Order number 302-06142. The report can be downloaded and printed from this page.The same page, on the right hand side, allows you to order… Continue Reading

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