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Perhaps “American Pipe” Will Survive, After All?

Posted in Class Actions, Statutes of Limitation, Uncategorized
Judging by oral argument questions at SCOTUS, one legal analyst suggests the American Pipe tolling doctrine seems likely to live on to toll statutes of limitation, as opposed to statutes of repose. See Ronald Mann, Argument analysis: Justices dubious about limiting precedent that tolls statutes of limitations to permit “stacked” class actions, SCOTUSblog (Mar. 27, 2018, 10:52 AM),… Continue Reading

New, Global Tool to Evaluate “Collective Action” Laws Around The World – from Baker & McKenzie

Posted in Class Actions/Aggregate Litigation, Litigation Industry, Uncategorized
As some of us predicted years ago, global litigation continues to expand in both class actions and other forms of collective actions.  Now, there’s a new tool to help litigations better assess global possibilities. The tool is described as follows in a November 22, 2017 post at Global Legal Post: “Baker McKenzie has launched an… Continue Reading

Federal Litigation Database – Basic Data Back to 1970

Posted in Uncategorized
From a November 1, 2017 post at Data is Plural. “The U.S. Federal Judicial Center’s “Integrated Data Base” contains a longitudinal record of all federal criminal, civil, and appellate court cases going back to the 1970s, as well as bankruptcy cases going back to late 2007. Each dataset contains dozens of detailed fields — including… Continue Reading

Genomics, DNA and Asbestos Litigation – Don’t Miss the Perrin Conference on March 6-7

Posted in Uncategorized
The March 6-7 Perrin Asbestos Litigation conference will be valuable, as always. I’m especially looking forward to this panel: “3:45 PM – The Role of DNA in Asbestos Litigation  Arnold R. Brody, Ph.D., Professor Emeritus, Department of Pathology, Tulane University School of Medicine – New Orleans, LA Joshua D. Lee, Esq., Riley Safer Holmes &… Continue Reading

The Molecular Revolution Continues: 2 Synthetic Genetic Bases Added to Nature’s Standard 4 Bases to Create a Semisynthetic Organism

Posted in Uncategorized
The molecular revolution continues to expand. Last week, researchers at Scripps published an open access article on the creation of a stable organism with 2 human made genetic bases named X and Y that now exist alongside the usual bases A, C, G and T. By stable, they mean the organism was able to replicate… Continue Reading

Cooley says: “It didn’t take long — House passes bills to “regulate” the regulators”; Possible Insights into the Future of Regulation and Litigation

Posted in Uncategorized
Cooley’s blog includes a highly useful and cogent January 12, 2017 summary of proposed new federal laws from the GOP intended to dismantle much of the nation’s existing regulatory framework, including the Chevron doctrine that requires deference to agency expertise. If passed and signed into law, the changes to administrative law would be profound, if sustained… Continue Reading

World Trade Center: New Collection of Articles on Cancer Rates and Other Aspects of Health

Posted in Uncategorized
At the 15 year anniversary of 9/11,  the American Journal of Industrial Medicine has published a special issue with a  new set of articles looking at cancer rates and other health effects in some of the responders. Most are open access, here.  Note that some of the authors are on various sides of “controversies” about bias… Continue Reading

Mesothelioma Foundation Symposium in Chicago On October 7th

Posted in Asbestos, Science, Uncategorized
The Mesothelioma Foundation’s next Symposium stop is Chicago on October 7. As they explain at the web site at “So far this year, we’ve hosted mesothelioma conferences in Houston and San Francisco, and now we’re preparing for our last stop in Chicago on October 7. We’ve compiled an agenda featuring top experts in the… Continue Reading

A $1 Billion (AU) Loss for Slater & Gordon, an International Plaintiff’s Firm

Posted in Litigation Industry, Uncategorized
Plaintiff’s work is not all profit all the time, although it can be quite lucrative. Like all entrepreneurs, plaintiff firms also make not so good investments. Some proof arises from an August 25, 2016 Global Legal Post article about a major loss for Slater & Gordon, an international plaintiff’s firm that started out in Australia,… Continue Reading

Hartford is Thinking About “Bigger Solutions” to “More Forcefully Address” Still Rising Asbestos Expenses

Posted in Asbestos, Cancer, Litigation Industry, Science, Uncategorized
Will insurers and analysts ever stop being surprised by the demographics and science of asbestos litigation? See below for a quote from a sell side analyst’s August 7, 2016 take on Hartford and its upsized asbestos charges, and thinking of a “more forceful” approach. It’s from Keefe, Bruyette & Woods: “Asbestos and Environmental: Although HIG’s… Continue Reading

Do Biomarkers and Molecular Evidence Matter? New Evidence of Ties Between Endocrine Disrupting Chemicals and Male Infertility

Posted in Uncategorized
Gathering molecular information matters. Consider the information set out in a January 7, 2016  article at that summarizes a new medical journal on “endocrine disrupting chemicals” and  “subfertility, the inability to conceive for a prolonged period.” The summary article explains: “The researchers measured biomarkers of EDC exposure and key fertility parameters in 163 men recruited through… Continue Reading

“Patent Think” Retreats on Discovery of Nature, and Use of Math

Posted in Cancer Research, Patent Claims/Trolls, Pharmaceuticals, Uncategorized
“Patent think” continues to retrench and retrace after SCOTUS’ series of unanimous rulings that ended patents for discovery of laws of nature, and for most applications of math. A cogent summary of the rulings is provided in a July 21, 2015 blog post by John Conley at the Genomics Law Report.  Unlike some never say… Continue Reading

Useless Insurance – Why Do Risk Managers Buy These Policies?

Posted in Insurance, Uncategorized
An April 20, 2015 post at D&O Diary describes policy terms that essentially defeat the purpose of buying D&O coverage. One has to wonder why risk managers buy policies that say:  “No Claims expenses shall be incurred or settlements made, contractual obligations assumed or liability admitted with respect to any claim without the insurer’s written… Continue Reading

Eternit Faces Lawsuits in Columbia for Two Familial Cancers (a Lung Cancer and a Mesothelioma)

Posted in Asbestos, International Asbestos, Uncategorized
At the IBAS News Archive for January , 015, Laurie Kazan Allen reported that Eternit is now facing asbestos lawsuits in Columbia. The first lawsuit is said to involve  a father dying of lung cancer and then his son dying of mesothelioma; the father worked at an Eternit factory in Columbia.… Continue Reading

Delaware’s Fee Shifting Debate

Posted in Uncategorized
Various litigation industry interests are involved in ongoing Delaware law debates about rules for shifting fees for litigation.  Also at stake are the interests of transactional lawyers. Oh yes, companies also may care too, and at least some say they care. Some uber business lobbying groups also say these are critical issues. The diverse interests… Continue Reading