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GlobalTort

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

Category Archives: Mass Tort Issues

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“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

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

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