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

Category Archives: Litigation Industry

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Class Actions in Europe: “Collective re-dress: all talk and now trousers”

Posted in Class Actions, EU Developments, Litigation Industry
Some years back, a few people (including me, in 2010) bucked conventional wisdom and predicted the rise of class actions in Europe. See, for example, my 2010 post at https://www.globaltort.com/2010/03/be-careful-what-you-wish-for-in-litigation-might-that-rule-apply-to-the-iqbaltwombly-pleading-standard/. In fact, class actions continue to expand in Europe. For a timely and useful article providing news on the latest possible expansion, see “Collective re-dress:… Continue Reading

Toxic Trio – # 3 – Formaldehyde – Per Allianz and Praedicat

Posted in Litigation Industry, Mass Tort Issues, Science, Uncategorized
As pointed out in Tuesday’s post (September 18, 2018),  Praedicat and Allianz recently published facts and assessments on a “toxic” trio associated with some cosmetics. Again, this is an innovative effort, and deserves careful consideration. The third member of the “toxic trio” substances is formaldehyde. The facts and assessment of the future are – again… Continue Reading

Toxic Trio – # 2 – Toluene – Per Allianz and Praedicat

Posted in Litigation Industry, Mass Tort Issues, Science
As pointed out in Tuesday’s post (September 18, 2018),  Praedicat and Allianz recently published facts and assessments on a “toxic” trio associated with some cosmetics. This is an innovative effort, and one that deserves careful consideration. One of the “toxic trio” substances is toluene. The report includes the following data, and Praedicat’s assessment of where… Continue Reading

Allianz and Praedicat Point Fingers at “Toxic Trio” in Cosmetics – #1 is dibutyl phthalate (DBP)

Posted in Litigation Industry, Mass Tort Issues, Science
A few far sighted liability insurers are paying attention to molecular science as to alleged or actual toxins, often aided by the ground-breaking work at Praedicat to assess the medical and scientific literature as to various actual or alleged toxins. See this February 7, 2014  post regarding Praedicat’s work and vision. Some also are taking… Continue Reading

What Will Happen to the Discovery Record – State Farm Settles Lawsuit Regarding Campaign Contributions for Illinois Supreme Court Justice Karmeier

Posted in Litigation Industry, Mass Tort Issues
Campaign contributions – direct and indirect, and transparent or hidden – are frequent topics for charges and counter-charges of bias and illegal campaign finance. In that light, it’s interesting to read and think about why State Farm and plaintiffs agreed to a $250 million settlement that mooted a trial of the long-pending litigation regarding campaign… Continue Reading

Kiobel – Notable Ruling on Cross-Border Discovery from Lawyers

Posted in Discovery, Litigation Industry
As litigation becomes more global, new issues arise as parties seek to use local discovery processes in aid of cases in other countries. In Kiobel, the Second Circuit reversed a district court ruling allowing discovery related to the case pending in the Netherlands. The ruling is notable for blocking the local discovery; it is summarized… Continue Reading

Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substituted Talc for Asbestos

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts, Litigation Industry
After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the Bestwall/Georgia-Pacific chapter 11 as a “bad faith” filing. The motion is online. The motion sets out a broad attack. Among other things, the motion focuses attention on GP’s one-day use of a Texas statute to divide up the… Continue Reading

Legislative Grants of Immunity from Lawsuits – the Online Example

Posted in Litigation Industry, Mass Tort Issues
Some day I would love to find a law review or treatise capturing and summarizing the various industries which hold legislative immunity from lawsuits. One immediately thinks, for example, of Congress’ awful decision to immunize the tobacco industry from lawsuits. Airline immunity from lawsuits also comes to mind. The topics come to mind because a… Continue Reading

Two Plaintiff Experts Stricken as Karmeier/State Farm Trials Approach

Posted in Litigation Industry
September and October 2018 trials are approaching for federal court litigation regarding State Farm’s 2004 contributions used for messaging said to be related to the campaign for office of Justice Karmeier of the Illinois Supreme Court. In a recent ruling, the district judge (Herndon) struck two of plaintiff’s expert opinions related to the contributions. The… Continue Reading

More Mass Tort Defense Moves in Big Law

Posted in Litigation Industry
The “mass tort” litigation industry continues to grow. Back in the 1980s and 1990s, many big law firms disdained “mass tort” defense work. However, these days, many big law firms actively recruit in lawyers for mass tort work. This past week, for example, Dechert recruited a group from Quinn Emanuel a group of almost 20… Continue Reading

Free Online Access to Evidence from Glyphosate Trial (Johnson Case)

Posted in Cancer, Litigation Industry, Mass Tort Issues, Science
For those of us who are junkies for trials involving alleged or actual toxins, there’s a good resource online for the ongoing Johnson trial involving glyphosate/RoundUp.  The plaintiff’s firm for the ongoing Round Up trial  (the Johnson case) seems to be posting pretty much everything online at the firm’s web site; trial exhibits, trial transcripts… Continue Reading

Respected Stem Cell Scientists Comment On Possible Social Value of Plaintiff Suits Against Some Stem Cell Clinics

Posted in Litigation Industry, Science
Seldom do I see articles in which scientists comment on litigation, much less comment favorably. But two just popped up. One is a brief, comment type article from a respected, well-published stem cell scientist who has been following to some degree lawsuits filed against some “stem cell clinics.”  More specifically, “Dr. Paul Knoepfler (@pknoepfler) is… Continue Reading

“For Bethlehem Steel retirees, worries grow over asbestos exposure”

Posted in Asbestos, Litigation Industry
As the litigation industry continues to expand, efforts continue to recruit plaintiffs also continue. One example involves a meeting of various former workers who may have been exposed to asbestos and other substance at Bethlehem Steel. The  meeting was hosted by a plaintiff’s firm (Lipsitz, Pontario) and attended by Dr. Mark Udell,  as described in… Continue Reading

The Pennsylvania Chapter of Medical Malpractice “Tort Reform,” State Reserve Funds, and “Seizure” of the Money

Posted in Litigation Industry, Medical Malpractice
Yesterday, it was Wisconsin. Today, it’s yet another chapter in the saga of medical malpractice statutes lies in ongoing issues in Pennsylvania. In short, a state fund was created as part of “trot reform.”  However, now the fund is at risk of being used for other purposes, according to a July 5, 2018 post at… Continue Reading

“Signaling concern over industry funding, Congress presses for transparency at groups supporting NIH, CDC”

Posted in Litigation Industry, Sponsored Research
The U.S. could perhaps enter a new chapter in disclosures related to funding of research via NIH and CDC. STAT News explained the possible legislation in a July 2, 2018 article, below. Signaling concern over industry funding, Congress presses for transparency at groups supporting NIH, CDC… Continue Reading

Sponsored Writing: Economics, The Koch Brothers and George Mason University

Posted in Litigation Industry, Policy Issues
The media exchanges continue as to what the rules should or should not apply  as to disclosure and funding related to research and writing on economic topics of public interest. A new volley is from a Notre Dame professor (Philip Mirowski) who explores aspects  of  and consequences of the Koch Brothers funding for George Mason… Continue Reading