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

Category Archives: Mass Tort Issues

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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

New Article Touches on Genomics and Causation as to Mesothelioma

Posted in Asbestos, Cancer, Mass Tort Issues, Science
It’s good to see more lawyers focused on genomics as related to causation in mass tort cases. A group from Goldberg Segalla just wrote about the topic as part of a broader paper on alternative causation issues. The article was published in Mealey’s Asbestos; it is: Defense Strategies For Alternative Causation Arguments In Asbestos Case, … 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

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

“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