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Category Archives: Litigation Industry

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The Age of Trials on TV – “CVN’s Top 10 Most Impressive Plaintiff Verdicts of 2018”

Posted in Litigation Industry, Media, Law and Politics
Amazing changes in the litigation industry include the real arrival of television covering trials, including plenty of “mass tort” cases. Thus, as we start out 2019, Courtroom View Network published its “top 10” list from 2018 as to plaintiff verdicts. Presumably a defense list will follow.… Continue Reading

Arbitration Confidentiality Clause Does Not Control Subsequent Proceedings in Court

Posted in Confidentiality/Sealing Orders, Crisis Management, First Amendment, Media, Law and Politics, Policy Issues
An arbitration agreement may specify confidentiality, but does that term necessarily control and require sealing of subsequent proceedings in court? “No,” usually, is the answer according to a recent federal district court ruling in CAA Sports LLC v. Dogra, No. 4:18-cv-01887-SNLJ, 2018 U.S. Dist. LEXIS 214223 (E.D. Mo. Dec. 20, 2018).  The key portion of the… Continue Reading

“Five Predictions for Litigation Finance in 2019”

Posted in Litigation Funding. Litigation Industry, Litigation Industry
A new litigation funder (Ralph Sutton CEO  Validity Finance), offered five predictions in a November 27, 2018 article at American Lawyer.  His second prediction is below; the same prediction has been made before.  Time will tell. “Defense Funding “Defense-side litigation funding will begin to emerge as an important segment of the market. While routine financing… Continue Reading

Genomics and Actual Protein Output: Collaboration to Perform Large-Scale Protein Analysis of up to 40,000 Human Samples

Posted in Cancer, Litigation Industry, Science
More and more molecular data will arrive over the next few years; some of it will be very valuable for more deeply understanding when and how diseases arise. Consider, for example, the fact that genes matter a great deal because they contain the instructions for producing proteins, but we need to know more about actual… Continue Reading

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

The “Judicial Hellholes” are Expanding: Some Now Appear Likely in “Red States”

Posted in Litigation Industry, Mass Tort Issues
The U.S. Chamber of Commerce (via its American Tort Reform Foundation) has issued the 2018-19 version of its annual “Judicial Hellholes” report. Of special note this year, the report concludes some hellholes are threatening to appear in “red states,” including Georgia. The entire report is online at this page; pasted below are excerpts about a… Continue Reading

Settlement Approved for Avery Case Regarding Auto Repairs and Allegedly Misrepresentations as to Campaign Contributions to Illinois Supreme Court Justice

Posted in Insurance, Litigation Industry
With trial court approval of a settlement, the parties are close to reaching the end of the long and winding road of the Avery case.   It’s about 20 years old and a fascinating case’ class claim approval occurred in 2016; see here.  As explained by Law360 in a September 16, 2016 article, “the RICO plaintiffs allege that… Continue Reading

New, Peer Reviewed Study is Perfect for Lawsuits Involving Sky-diving: “Parachute use to prevent death and major trauma when jumping from aircraft: randomized controlled trial”

Posted in Humor, Litigation Industry, Science
A brilliant new study on parachute use was recently published in the British Journal of Medicine. The researchers/authors presumably will go on to enjoy long careers as expert witnesses in lawsuits involving injuries related to sky-diving. The study is open access and online; it is titled: Parachute use to prevent death and major trauma when… Continue Reading

The Scale of Federal and State Failure on Robocalls: 5.1 Billion Robocalls in November 2018

Posted in Litigation Industry
The robocalling epidemic is an example of the complete failure of federal and state regulation and enforcement, the failure of litigation to block the calls, and the ills of shrink-wrapped “terms of service” and blanket consents.   Despite the “do not call” law and lists, the scale of robocalls is massive and growing:  “There were 5.1… Continue Reading

Fresenius As “Event Driven” Litigation; The Delaware Supreme Court Rapidly Affirms the Trial Court Ruling That Fresenius Properly Invoked the Material Adverse Event Clause

Posted in Class Actions, D + O Issues, Litigation Industry, SEC Disclosures, Securities
Over the last couple of years, defense oriented commentators have used the meme “event driven securities litigation” as part of complaining about the increasing volume of class action litigation. From my perspective, there could be merit to some complaints, but the meme is far too broad and all “event driven” cases are not equal. Why?… Continue Reading

Another Step in Lung Cancer Screening: GRAIL Announces Plans to Initiate SUMMIT Study in 2019 to Support Development of Blood Test for Early Cancer Detection

Posted in Litigation Industry, Science
Another step forward is happening in the effort to find lung cancers early.  It’s an early detection study – in the UK – using both liquid biopsy and LDCT scans.  The program will start in 2019. The program is a joint effort between Grail, UK government agencies and UK medical centers. The pace of change… Continue Reading

Praedicat Asks: “What’s the risk in learning about risks?”

Posted in Litigation Industry, Mass Tort Issues, Science
It’s an interesting week for thinking about risk. As it happens, I’m presenting on lethal diseases and “real world evidence” at the annual meeting of the Society for Risk Analysis. Meanwhile, the General Counsel of Praedicat recently published an interesting article on:  “What’s the risk in learning about risks?” It’s well worth reading. The article starts… Continue Reading

What Long Term and Possibly Global Actions Will Arise from Massive Failures of Cyber Security: “Marriott: Data on 500 Million Guests Stolen in 4-Year Breach”

Posted in Litigation Industry, Science
The latest global failure of cyber security is covered in detail in a November 30, 2018 post at Krebs on Security, and is headline news around the world. Initial data shows a massive, global scale to the failure. This breach also is only one of many at international and national hotel chains, as explained by Krebs.… Continue Reading

Allianz and Praedicat Expand Access for Manufacturers to Access a System for Enhancing Product Stewardship and Monitoring Product Risks

Posted in Insurance, Insurance Coverage for Tort Claims, Litigation Industry, Science
A press release yesterday brought news of an interesting next step in the process of increasing the intersections between law and molecular science. In short, liability insurance clients of Allianz will receive access to the ChemMeta analytic system developed by Praedicat. The ChemMeta system evaluates scientific literature regarding a selected set of chemicals that are… Continue Reading

Litigating Brain Disease Issues? New Molecular Science News Now on Hand; How Will It Evolve?

Posted in Litigation Industry, Science
Over the years ahead, the term “somatic recombination” may make its way into the lexicon of more lawyers. Why? Because a new, high quality study (published in Nature) shows that brain neurons appear to include mechanisms that intentionally induce somatic changes in brain cells.  Some are calling it a “landmark” study. That said, it is… Continue Reading

“Chief Justice Defends Judicial Independence After Trump Attacks ‘Obama Judge’”

Posted in Litigation Industry
Amazing times for courts, at the SCOTUS level and all other levels, federal and state. “Chief Justice Defends Judicial Independence After Trump Attacks ‘Obama Judge’” By Adam Liptak Nov. 21, 2018 WASHINGTON —In a direct rebuke to President Trump, Chief Justice John G. Roberts Jr. defended the independence and integrity of the federal judiciary on Wednesday,… Continue Reading

Arsenic in Drinking Water, Cancer and Age of Exposure

Posted in Cancer, Litigation Industry, Mass Tort Issues, Science
Age of exposure to toxins is receiving increasing attention from researchers. Below, the abstract from an interesting study of arsenic drinking water exposures in Chile. https://academic.oup.com/aje/article-abstract/187/11/2297/5063615#.W98xc7qmSq8.email “Abstract Arsenic in drinking water is known to cause cancer and noncancer diseases, but little is known about its association with age at exposure. Here, we investigated age at… Continue Reading

“The Trend Toward Monster Verdicts—What Is Happening and What To Do About It”

Posted in Litigation Industry
Below, an interesting agenda item from the now ongoing PLAC annual meeting: “10:00 am – 10:30 am:  The Trend Toward Monster Verdicts—What Is Happening and What To Do About It Eight and nine figure verdicts are coming down with increasing frequency. If the trend continues, it will dramatically change the product liability landscape. We will… Continue Reading

Aggregate Data and Policy Analyses on Catholic Dioceses Using Chapter 11 to Resolve Sex Abuse Cases

Posted in Litigation Industry, Mass Tort Issues, Uncategorized
A new article consolidates information on the use of chapter 11 by Catholic dioceses. The author is a Penn State law professor, Marie Reilly. The article  is posted in SSRN, Catholic Dioceses in Bankruptcy. Hat tip to Private Law Theory blog for flagging the article. The abstract states: “The Catholic Church is coping with mass tort… Continue Reading