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

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Plaintiffs Continue to Probe the Limits of Bankruptcy Court Injunctions in Mass Tort Cases
Plaintiffs continue to probe the limits of bankruptcy court injunctions, an effort that is even more interesting while the Second...
Kirk Hartley
Oct 19, 20161 min read
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Asbestos in Buildings Litigation – The Final Installment for NYC
Deja vu all over agains struck recently because asbestos-in-buildings litigation reared its head recently due to a New York Law Journal...
Kirk Hartley
Oct 7, 20162 min read
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“Where Are They Now, Part Eight: An Update On Developments In Asbestos-Related Bankruptcy Case
It’s hard to believe, but now out is: Where Are They Now, Part Eight: An Update On Developments In Asbestos-Related Bankruptcy Cases....
Kirk Hartley
Sep 28, 20161 min read
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New GM Seeking Further Hearings on 2d Circuit’s Due Process Ruling
Not surprisingly, GM has now publicly asserted it will try every appellate option to try to change the 2d Circuit’s ruling that enforced...
Kirk Hartley
Jul 28, 20161 min read
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Asbestos Litigation: A Power Behind a List of Influential Bankruptcy Judges
A list of influential bankruptcy judges is set out in LAW360 on July 25, 2016. On reading the list, one has to note how much asbestos...
Kirk Hartley
Jul 26, 20161 min read
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When Will the Chamber of Commerce Point Out That Bankruptcy Courts are Judicial Hellholes? There Are
Why have bankruptcy courts escaped being labeled as “judicial hellholes” for distorting tort law rules? The question has been around for...
Kirk Hartley
Jul 21, 20162 min read
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Average Mesothelioma Financial Recoveries? “Looking Further Behind The Curtain: Examples of Me
One hears plenty of assertions about “average” or “typical” recoveries in mesothelioma cases, but one always has to wonder about the...
Kirk Hartley
Jul 17, 201615 min read
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Mass Tort Bankruptcies Face a New Challenge: Citing Due Process Problems, 2d Circuit Overturns 
In a major ruling issued yesterday, the 2d Circuit overturned portion of the the “free and clear” asset sale order entered for GM by...
Kirk Hartley
Jul 14, 20161 min read
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API Trust Yet Again Blows Out the Veil of Bankruptcy Trust Secrecy With Its Annual Report Listing Cl
Tis the season for annual “reports” by asbestos trusts created through chapter 11 cases. Most reports today are farcically small and...
Kirk Hartley
Jun 22, 20161 min read
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GM Oral Arguments Suggest More to Come on When Bankruptcy Courts Can Cut Off Product Liability Claim
It appears more will soon be written on when, if ever, bankruptcy courts can cut off product liability claims against successor entities....
Kirk Hartley
Mar 17, 20161 min read
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SCOTUS Takes on Some Aspects of Fraudulent Conveyance and Bankruptcy
Fraudulent conveyances often are related to existing or impending insolvency, and so of course alleged fraudulent conveyances are often...
Kirk Hartley
Mar 1, 20161 min read
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Kudos to Legal Newsline on Obtaining and Putting Online Much of the Garlock Trial Record, and Link t
Some catch up on an item that kept getting pushed back. The point is to extend kudos to Legal Newsline for pressing for and obtaining the...
Kirk Hartley
Dec 7, 20153 min read
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Personal Injury Class Actions, Mass Tort Bankruptcies, and Evolving Science: NFL Concussion Argument
One of the struggles in mass tort litigation arises from the economic conflicts of interest between current and future claimants. The...
Kirk Hartley
Nov 16, 20154 min read
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Finally, Equitable Mootness May Be Dead, At Least in the Third Circuit?
Hurray, equitable mootness appears to be dead, at least in the 3rd Circuit. What is it? In short form, it’s a (nonsensical) rationale for...
Kirk Hartley
Aug 7, 20151 min read
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Johns-Manville and Waukegan – Ruin of 300 Lake Front Acres
The infamous Waukegan, Illinois plant of Johns-Manville remains essentially a ruined 300 lake front acres. A July 2, 2015 story in the...
Kirk Hartley
Jul 31, 20151 min read
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Shameless Self Promotion for “New Science and Law in Asbestos Litigation: A Multi-Disciplinary
Readers of the blog know my view that science matters for toxic tort litigation, and have seen many posts here about aspects of the...
Kirk Hartley
Jul 21, 20152 min read
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New: “Minimal asbestos exposure in germline BAP1 heterozygous mice is associated with deregula
Researchers continue to generate more and more data and hypotheses regarding mesothelioma in persons with a germline (inherited) BAP1...
Kirk Hartley
Jun 30, 20152 min read
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Cellular Level Research: “Inflammatory cytokines contribute to asbestos-induced injury of mes
Another of the growing number of studies of cell level reactions of cells to chrysotile and amphibole fibers. Also, note the fiber type...
Kirk Hartley
Jun 30, 20152 min read
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Virtues of Open Access to Big Data on Claiming and Payment Systems
Access to “big data” is important to multiple aspects of claiming and payments systems. For example, secrecy in data helps some health...
Kirk Hartley
Jun 29, 20154 min read
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Garlock’s Tort System Trial Record – 2014 Summary by Bates White
There’s much spin by many sides as to the Garlock chapter 11 outcome. Facts are more useful. This link provides two pages from a fall...
Kirk Hartley
Jun 25, 20151 min read
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