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

Category Archives: Mass Tort Issues

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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 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

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

Biomarkers and Injury Move Forward – “FDA authorizes marketing of first blood test to aid in the evaluation of concussion in adults”

Posted in Mass Tort Issues, Science
Biomarkers are changing many aspects of science and litigation. The field is still young, but promising. The point is exemplified by FDA’s February 14, 2018 announcement of authorization of a biomarker test to assist in identifying concussions. The test is not considered definitive by itself, but adds additional information for consideration during diagnosis. FDA’s approval… 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

“Breakthrough may lead to ability to diagnose CTE in living football players”

Posted in Mass Tort Issues, Science
Yet another example of how biomarkers evolve, and could matter for litigation over alleged or actual injuries, as set out in a September 26, 2017 article in the Washington Post. “By Rick Maese September 26 at 2:00 PM In one of the biggest breakthroughs to date, researchers from Boston University School of Medicine have discovered a key… Continue Reading

Scientific Testing – Talc Example

Posted in Mass Tort Issues, Science
Talc litigation is providing yet another example of the reality that product liability litigation can be complicated by multiple parties seeking access to limited amounts of materials. The materials may be biopsy materials from people or samples of products. An August 28, 2017 article from LAW360 provides the headline story, with a couple of quotes below.  J&J… Continue Reading

Scenario Planning Versus Demanding Purported Certainty

Posted in Litigation Industry, Mass Tort Issues
How to think about the future, and the past? Some proclaim “certainty” essential and demand “proof” with confidence intervals at .05% or above. Others suggest we need more discussions about “scenario” instead of communicating about probabilities.  Outcomes related to Father Andrew’s car accident are used in a July 20, 2017 article in the NEJM to provide a… Continue Reading

1979 – 2017 – Value Assurance Plans for “Toxic” Property Damage Situations

Posted in Damages, Litigation Industry, Mass Tort Issues
A new “toxic tort” blog (by Bill Ruskin) launched with an interesting mini-review of the use of Value Assurance Plans as a means for defendants to resolve claims involving possible diminution in value of “contaminated” property. The review is in a July 27,  2017 post at the blog bearing his name.… Continue Reading

“American Pipe” Tolling Takes a Hit at SCOTUS; Consequences to be Determined

Posted in Litigation Industry, Mass Tort Issues, Statutes of Limitation
Late in June, SCOTUS knocked out “American Pipe” equitable tolling in a securities case, as explained in a June 27,  2017 post at Faegre Baker Daniels. This is a typical 5-4 Roberts court “bright line” ruling based on the literal language of the statute, with the usual justices on the usual side of the ruling.… Continue Reading

Takata Has Moved for a Futures Representative, But Who Are The Constituents?

Posted in Futures Reps, Mass Tort Issues, Policy Issues
Interesting topics are raised by a motion by Takata for appointment of Roger Frankel as a futures representative in Takata’s chapter 11 case. The case arose from Takata paying out massive amounts to pay for products recalls demanded by governments and car companies. In the motion, Takata refers to appointment of Mr. Frankel  to advocate… Continue Reading

New Science Matters – NFL Players and CTE – 110 Out of 111 Show CTE, in a Not Random Set

Posted in Mass Tort Issues, Science
Does new science matter? Ask the NFL.  “A neuropathologist has examined the brains of 111 N.F.L. players — and 110 were found to have C.T.E., the degenerative disease linked to repeated blows to the head,” as described in a July 25, 2017 NYT article by Joe Ward, Josh Williams and Sam Manchester.  It’s an “interactive” story… Continue Reading

Thalidomide Compensation Continues to Evolve In Canada

Posted in Mass Tort Issues
In March 2015, the Canadian government acknowledged that known victims of thalidomide needed services and medical care they could not possibly afford, and agreed to provide money for such programs. A program was established under the name the Thalidomide Survivors Contribution Program; it has a more or less “official” web site at http://www.tscp-pcst.ca/homeeng.html. Subsequently, the… Continue Reading

BMS is Out; Personal Jurisdiction Narrowed for “Mass Tort” Cases

Posted in Jurisdiction, Litigation Industry, Mass Tort Issues
As expected, SCOTUS used the BMS case to narrow the rules for the assertion of personal jurisdiction against a defendant.  Bexis provided the short version summary in a June 19, 2017 post at Drug & Device blog. Some defendants will be pleased but others are not pleased. Ditto for lawyers, on both sides. Inevitably, this… Continue Reading

Will You Pick Your Next Jury Using Relatively Instant Artificial Intelligence (AI)?

Posted in Artificial Intelligence (AI), Cancer, Litigation Industry, Mass Tort Issues
Suppose your next jury trial involves issues about cancer. Will you be able to use AI and big data – during jury selection – to quickly find all of a possible juror’s social media comments about cancer? Check out this April 26, 2017 article at Artificial Lawyer about a firm trying to make that happen.… Continue Reading

Smoking, Epigenetics and Autism – Epigenetic Links?

Posted in Mass Tort Issues, Science
The ongoing revolution in molecular science will help answer fascinating questions, such as why is there is more materially more autism among granddaughters of smokers. The answers, in turn, could have profound effects on business practices and product liability litigation. An April 28, 2017 article at Science Daily outlines the question as to smoking and… Continue Reading

SCOTUS Denies Cert for GM in the Ignition Switch Cases – Due Process in Bankruptcy Gets Rebooted to Some Degree

Posted in Asbestos, Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Litigation Industry, Mass Tort Issues
Due process in bankruptcy has been rebooted to some degree. How? Through SCOTUS’ April 24, 2017 denial of GM’s cert petition from the Second Circuit’s ruling against GM in the intersection between GM’s chapter 11 proceedings and the ignition switch cases. GM’s cert petition had been supported by the U.S. Chamber of Commerce and the… Continue Reading

Analysis of Personal Jurisdiction Arguments at SCOTUS on “Mass Tort” Cases

Posted in Asbestos, Jurisdiction, Litigation Industry, Mass Tort Issues
The following is a guest post from Maron Marvel Bradley Anderson & Tardy LLC. As always, the analysis is cogent and very much appreciated. HIGH COURT HEARS PERSONAL JURISDICTION ARGUMENTS April 25, 2017 – Washington, D.C. – Oral argument was heard today on two cases that may impact the application of the high court’s personal jurisdiction… Continue Reading

Got 500k Leukemia and Lymphoma Genomes?

Posted in Cancer, Litigation Industry, Mass Tort Issues
Imagine all the data, hypotheses and conclusions that will emerge from sequencing 500k biobanked leukemia and lymphoma tumors … Imagine the implications for workers compensation and civil litigation if there are associated work histories. Pasted below is the full text of the March 8, 2017 press release. ______________________ Munich Leukemia Laboratory Selects IBM Watson and… Continue Reading