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

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Manville Trust Sued for Refusing to Pay Claims of Persons Living Overseas and Claiming Exposure Whil
Global asbestos claiming. The latest chapter in the global growth is a new lawsuit filed against the Manville Trust in New York...
Kirk Hartley
Feb 16, 20123 min read
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Has Claiming Peaked for the James Hardie Asbestos Compensation Fund ?
The saga goes forward for Australia’s James Hardie, and its effort to manage asbestos claiming through a compensation fund. On one hand,...
Kirk Hartley
Nov 18, 20111 min read
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Update on Witness List for Today’s House Hearing on Secrecy in Asbestos Bankruptcy Trusts
A reminder of today’s House Committee hearing on secrecy in the asbestos bankruptcy trusts. The hearing is described online here. Now...
Kirk Hartley
Sep 9, 20111 min read
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Manville Asbestos Trust Continues to Receive and Pay Material Amounts to Non-Malignant Claimants
Chapter 11 asbestos trusts are uniquely suited for and too often used for implementing lousy public policy. How so? Years after most...
Kirk Hartley
Aug 10, 20112 min read
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“Asbestos Trust Funds” are Now “Re-branded” as “Lung Cancer Trust Fun
Anyone with litigation savvy knows that the Internet has profoundly changed mass tort litigation and claiming through its global reach,...
Kirk Hartley
Mar 14, 20112 min read
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Tort Claim Resolution Trusts, Secrecy and Public Policy Will Go On Trial Some Day – – A
It’s ironic how views shift to fit the situation. Normally, plaintiff’s lawyers are complaining about corporations trying to keep secret...
Kirk Hartley
Oct 28, 20103 min read
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Asbestos Product Catalogs For Sale Online – The Perfect Item For Claimants Against Chapter 11
For several years, it’s been well known that eBay traders could make some money selling to plaintifff and defense lawyers old...
Kirk Hartley
Mar 15, 20101 min read
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0 comments
More on the Palermo Claim to the Manville Trust 37 Years After Death
Thanks to information contributed by professional contacts, more information is coming out regarding the previously described "Palermo"...
Kirk Hartley
Feb 9, 20103 min read
18 views
0 comments
How Often Does Manville Trust Diagnose (and Pay?) Claims 37 Years After Death ?
Today, a new example of issues that arise from secrecy in asbestos litigation. The question in short: How often do asbestos trusts...
Kirk Hartley
Feb 7, 20104 min read
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0 comments
Will There Soon Be Another Chapter 11 Tort Claim Trust for Chinese Drywall Claims Against an Insolve
This summer brought the Chrysler and GM chapter 11 cases in which bankruptcy courts issued wide-ranging injunctions that seek to block...
Kirk Hartley
Sep 23, 20095 min read
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AWI Asbestos Personal Injury Trust Selling Shares Under Prepaid Variable Forward Sales Contract R
When and how does an asbestos trust own enough shares of the company for which it assumed “asbestos liabilities” ? And, should chapter 11...
Kirk Hartley
Aug 12, 20094 min read
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The James Hardie Saga – Tax Regulator Will Gain Access to Asbestos Papers
James Hardie’s asbestos trust continues to create issues. Here is an article regarding the Australian tax regulator seeking and gaining...
Kirk Hartley
Jul 16, 20091 min read
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0 comments
New Article Regarding Some Positive Developments in Coordination Between the Tort System and Asbesto
A new article is out regarding problems with asbestos bankruptcy trusts, which are the antithesis of transparency, as previously...
Kirk Hartley
Jun 30, 20092 min read
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NonMalignant Claims Going Back Up If You Judge by the Manville Asbestos Trust Report for Q 1 2009
Walter Olson ‘s PointofLaw has a June 12 post about Judge Weinstein writing a pessimistic paper about the way courts handle mass tort...
Kirk Hartley
Jun 17, 20092 min read
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Update: The Difficulties of Managing Contingent Liabilities – Now James Hardie Is Hit with the
The Australian version of the WSJ has an interesting article by a McKinnsey consultant writing about corporate reputation risk, with the...
Kirk Hartley
May 29, 20091 min read
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0 comments
Answers to FAQ’s Regarding Asbestos Bankruptcies
Time to put in one place some answers to questions I’m repeatedly asked or ask myself. The list will expand over time. 1) Where are...
Kirk Hartley
May 12, 20092 min read
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Manville/Travelers Issues Takes on Added Importance with Expected Chrysler Chapter 11 Petiiton
The importance of the Manville/Travelers scope of jurisdiction issues will be going up if Chrysler proceeds with the expected Chapter 11...
Kirk Hartley
Apr 30, 20091 min read
3 views
0 comments
James Hardie Judge Did Not Believe the Directors
Reading the trial judge’s opinion makes it plain he did not believe the Hardie Directors when they made denials or professed a lack of...
Kirk Hartley
Apr 27, 20091 min read
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Opinion/Judgment Regarding James Hardie and Its Private Asbestos Trust
The James Hardie opinion/judgment is available here. The link also was added to the prior post containing links to the charges and a...
Kirk Hartley
Apr 26, 20091 min read
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0 comments
Updated – James Hardie – Links to the Opinion/Judgment, the Charges by the AU SEC and a
The Australian SEC – known as ASIC – has posted on its website the charges it filed, and a document summarizing which charges were...
Kirk Hartley
Apr 23, 20091 min read
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