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

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Prosser on Torts – the Person and the Lawyer

Posted in Torts

We’ve all looked at Prosser on Torts but, at least in my case, I really know very little about William Prosser.  Therefore, it’s interesting to note a September 23, 2014 post at Torts Today that a link to a new article on Mr. Prosser. The article is by Kenneth Abraham, and Edward White.… Continue Reading

After Trial, a Delaware Chancery Judge Imposes Aiding & Abetting Liability

Posted in Aiding + Abetting

Aiding and abetting liability continues to prove fertile ground for plaintiffs. Last week, after trial, Delaware Chancery Judge Lasker issued a ruling finding that RBC aided and abetted corporate officers in their breach of their duty of care for decision-making regarding  a corporate sale. The ruling arose in part because the judge found a conflict… Continue Reading

Aiding and Abetting Suits Continue to Increase Against Lawyers

Posted in Aiding + Abetting

 Securities claims continue to intensify against lawyers for their roles in events.   LAW 360 recently posted a story on  a suit proceeding against Proskauer in connection with Mr.  Stanford’s scams.  ("[A] fourth suit revived by the ruling alleges Proskauer attorney Thomas V. Sjoblom and others facilitated the scheme by hampering a U.S. Securities and Exchange Commission investigation into… Continue Reading

Science, Risk, Decision Making and Happiness

Posted in Torts

A person with externally caused disease by definition has lost some or all happiness because of the disease. Tort law offers money as a partial offset to loss of happiness. Much tort law is based on judgments and guesses about human behavior, suffering and happiness, with many tort law rules being decades old, and some… Continue Reading

Aiding and Abetting Liability Debated and Briefed in the 9th Circuit in Doe v. Nestle

Posted in Aiding + Abetting

OpinioJuris includes three posts on corporate aiding and abetting liability in the context of an appeal to the Ninth Circuit in Doe vs. Nestlé.  One post links to and previews an amicus brief written by various law professors for the National Association of Manufacturers. They are Professors Samuel Estreicher, John McGinnis, Michael Ramsey, Mark Weisburd,… Continue Reading

More Insider Trading Convictions Against Galleon Traders – – What About Madoff-Like Claw-backs from Investors Who Received Ill-gotten Gains ?

Posted in Aiding + Abetting

Bravo, again ! Last month Galleon’s boss was convicted on multiple counts of insider trading.  This week,  AUSA’s in New York  obtained additional insider trading convictions against former Galleon traders, as described here in Dealbook. Now,  the NYT’s insightful and provocative financial reporter, Joe Nocera, is asking the right questions. They include asking whether  we… Continue Reading

Sea Pirates Attracting Outside Investors and Upgrading Their Equipment

Posted in Aiding + Abetting

Piracy on the water is now attracting investment capital and it’s being used to upgrade equipment, according to a U.S. Navy official and Bloomberg’s account of the story.   Bloomber’s story has more detail, but the opening  is set out below. As the Bloomberg story notes, crime flourishes when other work is not available.  The article notes that many ships fail to… Continue Reading

Renewed Focus on U.S. Standards and Rules for Liability for Aiding and Abetting Torts

Posted in Aiding + Abetting

Liability for aiding and abetting tortious conduct is back in focus due to legislation proposed by Senator Specter that would overturn Stoneridge.  A post on the D & O blog post collects current nformation, also with links also to Pointof Law. Past GlobalTort posts are collected under the topic aiding and abetting. One has to wonder why financial… Continue Reading

Sanford CFO Guilty Plea Implicates Lawyer A and then Proskauer and Partner Sued in Class Action

Posted in Aiding + Abetting, Criminal Law and Torts

Talk about a global tort. While waiting to transport one of my daughters this evening, I spent a few minutes reading the guilty plea (thanks, NYT) by Sanford’s CFO, James Davis. What raw fraud and greed. Hard to imagine why it was so hard for regulators to figure it out. Reading the plea, it seemed… Continue Reading

Asbestos Plaintiff’s Lawyers Ask W.R. Grace Bankruptcy Court to Order that Its Findings – on Solvency – Do Not Matter In any Other Forum

Posted in Apportionment of Fault, Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Mass Tort Bankruptcy, Transparency in Bankruptcy

The W. R. Grace chapter 11 case has produced a striking motion that highlights the too often bizarre and unconstitutional nature of much that happens in mass tort chapter 11 cases. In their motion, available here [Docket # 22543], the Asbestos Creditors Committee and the Futures Representative ask the bankruptcy court, Judge Judith Fitzgerald, to… Continue Reading