Advocates of damages caps in medical malpractice cases seldom, if ever, confront the gross unfairness of leaving on one person the economic burden of a medical error. That risk instead can and should be spread to many since actuaries say they can predict the general patterns of medical treatments and error rates, and can provide

The past week’s rulings at SCOTUS are bad news for at least some who (accurately or not) label themselves as “conservatives.”  Some lawyers are now explicitly arguing that overreach is hurting “conservative” causes at SCOTUS because “cause” lawsuits are resulting in litigation of extreme, overreaching views/arguments. That’s the thesis of this June 25 NYT article

In another indicator of the importance of the litigation industry, New York and Delaware courts continue to compete for big commercial cases. A recap of some of New York’s recent moves is set out in a June 6, 2015 AmLaw Daily article about Barry Ostrager taking the bench in New York. The article includes, however,

My personal view is that “fundraiser walks” for any disease serve the unfortunate role of letting government off the hook when it fails on its obligation to invest in research against cancer and the many other awful diseases. Cancer and other awful disease truly the greatest terrorists in the world, but cancer, for example,  receives

Product liability and criminal penalties may soon come together for General Motors due to the ignition switch issues, according to a May 25, 2015  Wall Street Journal article. Risks continue to increase for companies that choose not to share information with regulators and others. Transparency may become a tool for defense.

Rand’s latest is out. See below:

Bankruptcy’s Effect on Product Identification in Asbestos Personal Injury Cases

This report investigates whether bankruptcy reduces the likelihood that exposures to the asbestos-containing products of bankrupt parties will be identified in interrogatories and depositions.

http://www.rand.org/pubs/research_reports/RR907.html

In the Graduate, Dustin Hoffman received one word of advice about the future: plastics. It may have been good advice for a recent graduate seeking work. Others, however, continue to raise questions about the effects of plastics for humans. See  Plastics, tiny penises, and human evolution. Over time, science will provide more answers

For toxic tort lawyers, a new interview of Gary Marchant provides notable insight into the major changes ahead for the future of toxic tort litigation. Gary’s background is as a Kirkland trained lawyer with a PhD in genetics and a Master’s degree in public policy. Today, Gary thrives in and leads the way in

Be careful what you wish for remains an important maxim for lawyers, lobbyists and risk managers. The latest example arises as it appears the plaintiff’s bar in Illinois out hustled the defense lobbying groups, and achieved a repeal of the 10 year Illinois statute of repose for “premises” claims.  The state legislative record is available