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

Category Archives: Litigation Industry

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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

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