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Category Archives: Litigation Industry

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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

Drug and Device Blog: “Plaintiff Attorney Failure to Perform Meaningful Pre-Suit Investigation Warrants Fee Award, Even After Voluntary Dismissal with Prejudice”

Posted in Litigation Industry
A June 28, 2018 post at Drug & Device blog is a must read for anyone involved in mass tort cases. It starts with cogent comments as follows, and then explores the pertinent case and opinion: “We’re not fans of dinner party chatter, especially when we’re berated for defending alleged corporate deviltry against widows and… Continue Reading

Delaware Supreme Court Allows Take Home Claims for Spouses Against Product Manufacturers

Posted in Asbestos, Jurisdiction, Litigation Industry
The Delaware Supreme Court issued a unanimous June 27, 2018 opinion allowing “take home” asbestos claims against manufacturers. The ruling is a big deal in light of Delaware’s place in the corporate world, and recent rulings on personal jurisdiction. The opinion by Chief Justice Strine cuts through to core issues, and no doubt will be… Continue Reading

“ILR at 20: Despite Victories for General Counsel, Plenty of Challenges Ahead”

Posted in Class Actions, Litigation Funding. Litigation Industry, Litigation Industry, Mass Tort Issues
Interesting June 25, 2018 interview/article in Corporate Counsel on the expansion of the ILR through acquisition of news media, and its expansion around the globe. The article arises from ILR reaching 20 years.  Among other things, Ms. Rickard comments that litigation funding and the global spread of litigation are important developments that will shape the… Continue Reading

The Sponsored Research Conundrum – The Moderate Drinking Example

Posted in Litigation Industry, Mass Tort Issues, Sponsored Research
Sponsored research is needed to answer some questions. This seems especially true in an age in which government budgets are less than abundant, and Congress sometimes blocks research agencies from spending money on certain topics. However, some groups continue to find ways to not succeed with sponsored research. A recent failure occurred with respect to… Continue Reading

Concussion Trial Underway In Texas – What Did the NCAA Know and When Did It Know It, Featured in Opening Arguments

Posted in Concussion, Litigation Industry, Science
Trial is now underway in a football player’s concussion case against a college (Texas). A June 11, 2018 article at Quartz recaps some of the facts about the plaintiff, and possible implications for the sport at the college level. LAW360 is covering the trial, as is Courtroom View Network. A June 13, 2018 article from… Continue Reading

Molecular Biomarker Revolution and Torts – “Blood Tests Developed That Identify Women at Risk of Preterm Birth”

Posted in Litigation Industry, Science
The molecular biomarker revolution continues and will reshape many topics at the intersections between science and law. A recent example lies in an article explaining that  researchers are moving fruitfully down apath to developing a cheap, non-invasive test to predict risk of pre-term birth. How did they do that? To simplify, tesearchers took a continuing… Continue Reading

Update on Springer v. Nohl: Fraudulent Conveyance Claims Arising from Shut Down of Company

Posted in Asbestos, Fraudulent Conveyance, Litigation Industry, Mass Tort Issues
The Springer v.  Nohl fraudulent conveyance/asbestos case in Wisconsin highlights dubious corporate side activities, and  is finally over, for now, after producing a very narrow ruling. The Springer case arose out of the shut down and asset sale of a business that sold asbestos-containing products. See this December 9, 2016 GlobalTort  post for summaries of… Continue Reading

“Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Trusts”

Posted in Asbestos, Asbestos Bankruptcy, Litigation Industry, Mass Tort Issues
It seems to be a week for articles highlighting the more tawdry side of the plaintiff side in mass torts. In this instance, a new Forbes article (June 6, 2018)  by Daniel Fisher highlights a “sinecure” obtained by an asbestos trust trustee who appears not qualified for his role.  The article is insightful in some… Continue Reading

“Woman Who Was Raped as a Teenager Is Awarded $1 Billion in [Compensatory] Damages”

Posted in Litigation Industry, Mass Tort Issues, Policy Issues, Punitives
A $1 billion compensatory damages verdict last week seems to be another signal of significant unhappiness among the people who are serving on juries. An April 23, 2018 article in the NYT provides more specifics. According to the article, the trial was only on damages, perhaps after a default judgment. As described in my prior… Continue Reading

Before issuing an award, jury asks: “Can we punish the defendants by requiring them to place a warning label on their products?”

Posted in Cancer, Litigation Industry, Mass Tort Issues, Punitives
Yesterday’s punitive damages verdict against J&J arrived after interesting questions from the jury to the court. One wonders how J&J will account for the questions on a going forward basis. As reported by LAW360, the questions were as set out below: “Law360, Los Angeles (May 24, 2018, 1:09 PM EDT) — A California jury found… Continue Reading