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Category Archives: Litigation Industry

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Nathan Schactman Asks: “P-Values: Pernicious or Perspicacious?”

Posted in Evidence, Litigation Industry, Science
Statistical analysis tools remain topics that are comfortable for relatively few lawyers. One of them is Nathan Schactman. In a new blog post, he critiques a newish law review article on the topic.Kingsley R. Browne, “Pernicious P-Values: Statistical Proof of Not Very Much,” 42 Univ. Dayton L. Rev. 113 (2017) .The critique is well-worth reading, in… Continue Reading

“Appointing Extremists”

Posted in Judges
“Appointing Extremists” Michael A. Bailey Matthew Spitzer American Law and Economics Review, Volume 20, Issue 1, 1 April 2018, Pages 105–137, https://doi.org/10.1093/aler/ahx020 Published: 02 November 2017 “Given their long tenure and broad powers, Supreme Court justices are among the most powerful actors in American politics. In this paper, we present a model of the nomination… Continue Reading

“Product Liability in Markets for Vertically Differentiated Products”

Posted in Litigation Industry, Product Liability
Academic exploration of product liability as to product safety levels: American Law and Economics Review, Volume 20, Issue 1, 1 April 2018, Pages 46–81, https://doi.org/10.1093/aler/ahx013 Published:   14 July 2017 The abstract explains: “This article shows that shifting losses from consumers with heterogeneous harm levels to vertically differentiated duopolists increases product safety levels, while narrowing the degree… Continue Reading

The Seamy Side of Vaginal Mesh Litigation: “How Profiteers Lure Women Into Often-Unneeded Surgery”

Posted in Litigation Industry, Mass Tort Issues
Part of the seamy side of vaginal mesh litigation was reported in an April 14, 2018 article in the NYT. The article, “How Profiteers Lure Women Into Often-Unneeded Surgery,” describes some of the financing companies that operate alongside the mass tort claims involving vaginal mesh. There are some very real problems with vaginal mesh in… Continue Reading

“Delaware’s Retreat: Exploring Developing Fissures and Tectonic Shifts in Delaware Corporate Law”

Posted in Comparative Law, Corporate Law Relevant to Litigation, Delaware Law
For business lawyers, it’s helpful to keep in mind the big picture view of changes in Delaware corporate law. With that in mind, this post highlights a new article with a view of that sort. It’s available online at SSRN, as described and linked below. The article is related to a talk reviewing Delaware law. … Continue Reading

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

Plaintiff Firms Attack Each Other Regarding Strategic Tactics in Claims Related to M & A Deals:

Posted in Class Actions, Litigation Industry
It remains fascinating to think about due process, res judicata, and the topic of strategic settlements in class actions. One set of deals prompted rancor between both plaintiff firms and defendants, as is described in  “This is weird: Securities class action defendant wants to block lead counsel appointment”as is described in a February 28 2018 article… Continue Reading

Billion Dollar Law Firms

Posted in Litigation Industry
Interesting times in the legal professions, as shown by the numbers below from a February 20, 2018 post at Above the Law. But the numbers only tell part of a more complex story. “The Billion-Dollar Club:” Eversheds Sutherland $1.03 Billion Goodwin Procter $1.032 Billion Akin Gump $1.039 Billion Morrison & Foerster $1.06 Billion Cooley $1.07 Billion Paul Weiss $1.3 Billion Gibson… Continue Reading

SCOTUS Cuts Back on Fraudulent Conveyance Defenses – LBOs Now More at Risk

Posted in Asbestos Bankruptcy, Fraudulent Conveyance, Litigation Industry, Mass Tort Issues
Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate  transactions from fraudulent conveyance claims if banks (and others) were involved in moving money as pass-through entities. The Seventh Circuit disagreed, and created a circuit split. SCOTUS has now blessed the Seventh Circuit’s reasoning. See Supreme Court Scales Back Safe Harbor Protection… Continue Reading

Lasers Instead of Chemicals – A Move By Levis to Change Its Manufacturing Process

Posted in Litigation Industry, Science
New thinking, new technology and innovation offer interesting new possibilities for manufacturers seeking to avoid potential health risks and reducing expenses over the long term. An easy to appreciate example involves the finish of blue jeans, and is reported in some detail in a February 27, 2018 article at Quartzy. The introduction is below; the… Continue Reading

Jurors Attitudes in 2018, After the Many 2017 Attacks on “Leaders,” Institutions and “Science”

Posted in Juries, Litigation Industry, Science
2017 was quite the year for attacks on and perceptions of “leading” public figures and institutions. In view of the new indictments by Mr. Mueller and other evenst, there are ample reasons to think  2018 will exceed 2017 as to attacks and perceptions of “leaders” and institutions. And, there also have been many arguments about… Continue Reading

Fraudulent Conveyances to Overseas Trusts To Avoid Possible Medical Malpractice Claims

Posted in Fraudulent Conveyance, Litigation Industry
Amazing what shows up in the news everyday. One is a Valentine’s Day 2018 lawyer ad/article kind of thing promoting return to the US of overseas “asset protections trusts.”  It provides a “real life” fact pattern of a doctor with apparently plenty of money, and a possible medical malpractice problem. The answer? Zip the money… Continue Reading

Fordham Law Workshop: “Civil Litigation Reform in the Trump Era:  Threats and Opportunities”

Posted in Litigation Industry, Mass Tort Issues
An upcoming workshop looks interesting as to class action and “tort reform” topics. The agenda is online here, and pasted below.  A hat tip is owed to the Tort’s Prof blog for a February 9, 2018 post about the workshop. Civil Litigation Reform in the Trump Era:  Threats and Opportunities Friday, February 23, 2018 Check-in 8:45–9:15… Continue Reading

Possible Fraudulent Conveyances and Corporate Transactions After Alleged Mass Torts – New Complexities from Pre-Transaction Lawsuits – The Weinstein Example

Posted in Fraudulent Conveyance, Litigation Industry, Mass Tort Issues
After an alleged or actual mass tort, some companies move voluntarily into chapter 11 proceedings to cope with the claims. However, some seek to salvage value via other paths, such as a move to new ownership through a sale or other corporate transaction.  The decision-making process between the two paths (or other paths) may become… Continue Reading

Tech Titans as Mass Tort Defendants: “HarrisMartin’s MDL Conference: Apple, Intel & Emerging Mass Torts Agenda”

Posted in Litigation Industry
Continuing this week’s posts on the scale and scope of the litigation industry, it is interesting to see some of the tech titans starting to show up as agenda items for litigation conferences focused on mass tort claims. For example, Intel and Apple. Pasted below are the some of the entries for Harris Martin’s March… Continue Reading

The Scale of Class Action Securities Litigation – “NERA: 2017 Securities Suits Filed at “Record Pace”

Posted in Litigation Industry, Securities
To continue with a theme regarding the scale of mass tort litigation, this post touches on  the scale of what one can call “securities class action suits.” The numbers are set out in an open access  January 2018 report by NERA, and a related January 29, 2018 commentary at the D&O Diary. Again, one needs… Continue Reading

An Example of The Scale of Asbestos Personal Injury Litigation (“The Scourge Of Over-Naming In Asbestos Litigation: The Costs To Litigants And The Impact On Justice”)

Posted in Asbestos, Litigation Industry
The scale of asbestos personal injury litigation provides another example of the scale of the mass tort litigation industry. One could look at many metrics, not the least of which is that relatively modern asbestos claiming is now about 50 years old (but there were workers comp cases and other cases dating well back into… Continue Reading