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

Category Archives: Uncategorized

Subscribe to Uncategorized RSS Feed

Aggregate Data and Policy Analyses on Catholic Dioceses Using Chapter 11 to Resolve Sex Abuse Cases

Posted in Litigation Industry, Mass Tort Issues, Uncategorized
A new article consolidates information on the use of chapter 11 by Catholic dioceses. The author is a Penn State law professor, Marie Reilly. The article  is posted in SSRN, Catholic Dioceses in Bankruptcy. Hat tip to Private Law Theory blog for flagging the article. The abstract states: “The Catholic Church is coping with mass tort… Continue Reading

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

Polluting the Arbitration Pool for All – Fitbit and MoFo Take a Meaningful Hit for Bad Faith Related to AAA Arbitration of Consumer Claims

Posted in Uncategorized
One litigation industry industry problem is that foolish actions by one litigant can harm many other similarly situated litigants. This reality arises for parties on either side of the versus. A new example from the corporate defense side arises from the “bad faith” actions of Fitbit and MoFo (Morrison & Foerster) related to a consumer… Continue Reading

New Jersey May Require Divestiture of Assets Owned By Companies That Appear to Use Bankruptcy to Avoid Legacy Liability Claims

Posted in Uncategorized
New Jersey may have come up with a new tactic for economic retaliation against an entity suspected of using chapter 11 to avoid paying legacy liability claims. An apparently credible June 27, 2018 article at suggests the Governor may sign legislation that would require divestiture of pension investments in entities that use chapter 11… Continue Reading

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