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

Category Archives: Shifting Tort Expenses

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Australia and Asbestos – The James Hardie Saga, Its Asbestos Claim Payment Foundation – A Viable Alternative to Ch. 11 ?

Posted in Asbestos Bankruptcy, Personal Injury Claims Against Insolvents, Policy Issues, Shifting Tort Expenses, Sovereigns
Now it’s west (from Chicago) to Australia, asbestos and the public company fiber cement business commonly known as James Hardie.  The short story is that James Hardie and its officers and directors have been through a wringer as several were convicted of securities violations in connection with information disseminated regarding ”asbestos liabilities” and a foundation set up by various… Continue Reading

# 1 – Growing Battles Over Techniques and Rules Used on Wall Street, in Tort Trials, and By Government to Shift Financial Obligations for Tort Losses

Posted in Apportionment of Fault, Policy Issues, Shifting Tort Expenses
The tort litigation industry is seeing new battles emerge at the micro and macro level regarding the techniques and rules used on Wall Street, in tort trials, and by government to shift financial responsibility for payments for expenses arising from legitimate and illegitimate tort claimants. The battles are ongoing at both the micro and macro… Continue Reading