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

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Kirk T. Hartley
Feb 25, 20212 min read
France - Asbestos Exposure Prosecutions Against Former Managers of an Asbestos-Cement Manufacturer
Issues arising from criminal prosecutions of former managers at an asbestos-cement plant (Everite) are up on appeal, as described in a...
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Kirk T. Hartley
Jan 27, 20211 min read
Present Consequences: Carolina Asbestos Company - Davidson, North Carolina
Some "toxins" are long-lived, and so decisions made decades ago continue to ripple through current events. A "now in the news" example is...
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Kirk Hartley
Oct 4, 20191 min read
Isle of Jersey to Make Lump Sum Mesothelioma Payments
The Isle of Jersey will be making lump sum mesothelioma payments as a result of citizen requests through an “e-petition,” as described in...
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Kirk Hartley
Sep 16, 20191 min read
Judicial Change – An Example from Illinois’ Fifth District Court Appellate Court
Back in the early 2000s, the Fifth District appellate court in Illinois was composed of 6 Democratic judges and 1 Republican. That...
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Kirk Hartley
Jul 31, 20191 min read
Clyde and Co: “Researchers claim link between asbestos exposure and prostate cancer”
Knowledge spreads at different paces. A July 2019 article from Clyde & Co. notes a January 2019 medical review article on prostate cancer...
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Kirk Hartley
Jul 11, 20191 min read
It May Now Become Tougher to Successfully Execute Fraudulent Conveyances: Kirkland & Ellis Press
Avoiding liability for fraudulent conveyances may have just become tougher. Why? Because this week, Kirkland & Ellis explicitly announced...
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Kirk Hartley
Mar 25, 20192 min read
News from Europe: “Scotland: Mesothelioma reasonably foreseeable despite no direct evidence o
There’s never enough time to fully track asbestos developments in Europe. However, a December 2018 article from Clyde & Co, caught my eye...
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Kirk Hartley
Feb 22, 20191 min read
“EXPERT PLANNING MEETING FOR NATIONAL MESOTHELIOMA PATIENT REGISTRY – MARCH 26, 2019 IN BETHES
At long last, plans are moving forward to establish a national mesothelioma patient registry in the United States. A key meeting of...
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Kirk Hartley
Feb 21, 20191 min read
UK Asbestos Litigation: Carey v Vauxhall Motors Ltd: “First reported “overalls case” in whic
In the UK, an “overalls” case is a shorthand term for a “take home” case, as we refer to them in the US. Of greater note, a UK plaintiff...
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Kirk Hartley
Feb 15, 20191 min read
Imerys Talc Chapter 11 Petition – Negotiations Underway for a Consensual Plan
Interesting times ahead as Imerys filed a chapter 11 petition in an effort to try to manage the mesothelioma and ovarian cancer claims...
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Kirk Hartley
Jan 29, 20191 min read
New Article on Dr. David Egilman
Lawyers involved in mass tort litigation should be aware of this January 24, 2019 article (some would say puff piece) in Science...
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Kirk Hartley
Jan 8, 20192 min read
90 Minute Film – “The story of asbestos–illustrating the mines and factories of th
My automated daily google search for “asbestos” recently pulled up a link to a 90 minute video, apparently from the Library of Congress....
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Kirk Hartley
Dec 27, 20182 min read
Bogged Down Courts – Six Judges Added To Hear Libby Asbestos Claims Backlog
Lots of efforts to project asbestos litigation involve efforts to understand and forecast filing patterns, and resolution rates. On that...
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Kirk Hartley
Sep 6, 20181 min read
New Study Addresses More Germline (Inherited) Variants in Genes of Persons Afflicted by Mesothelioma
Use of genomic testing continues to increase to seek to explain the reasons for and drivers of cancer. Some aspects of the newest broad...
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Kirk Hartley
Sep 5, 20181 min read
New Article Touches on Genomics and Causation as to Mesothelioma
It’s good to see more lawyers focused on genomics as related to causation in mass tort cases. A group from Goldberg Segalla just wrote...
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Kirk Hartley
Sep 3, 20181 min read
Notable New Study and Paper on 198 Persons with Mesotheliomas and Germline Variants in Cancer Associ
Some scientific findings provide both opportunities and risks for litigants in mass tort cases. The point is highlighted by a new paper...
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Kirk Hartley
Aug 31, 20183 min read
Fraudulent Conveyance, Asbestos and A Very Interesting Arbitration
Over the years, I’ve had the good fortune to work as a trial lawyer on some very interesting issues in cases at intersections between...
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Kirk Hartley
Aug 21, 20181 min read
More Change Ahead – Causation, Genes and Beyond
For many years, astute observers pointed out that “change” is the one constant in asbestos litigation. With that in mind, one might...
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Kirk Hartley
Aug 16, 20181 min read
Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substit
After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the...
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Kirk Hartley
Aug 7, 20181 min read
Free Access to Our Comments Two Years Ago About Ovarian Cancer and Talc Litigation
In September, 2016, multidisciplinary colleagues and I published and sold our second, in-depth and multidisciplinary analysis of the...
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