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

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Oklahoma Passes Legislation Aimed at Creating Intersections Between the Tort System and the Bankrupt
Asbestos defendants continue to convince state legislatures to create some long overdue intersections between personal in jury claims in...
Kirk Hartley
May 1, 20131 min read
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A Canadian View on the Enforceability of Contract Clauses that Operate Upon Insolvency or the Filing
Bankruptcies are frequently used to resolve mass tort situations. In some instance, a bankruptcy is fairly foreseeable as tort claims...
Kirk Hartley
Apr 18, 20131 min read
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Ted Olson’s Fee – $1,800 Per Hour for Bankruptcy Work
The story is here on the WSJ Law Blog. Mr. Scalia (the younger) knocks down $ 980. per hour. #Bankruptcy
Kirk Hartley
Jun 25, 20121 min read
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Will Bankruptcy Legislation Oust the Bankruptcy Courts of Delaware and New York
The bankruptcy courts of Delaware and New York dominate major chapter 11 cases, to the great delight of lawyers in those areas. But the...
Kirk Hartley
Mar 27, 20121 min read
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Chapter 11 – Just Another Financial Management Tool – Will the Law Ever Catch Up ?
As described here and here by DealBook, American Airlines has now joined the parade of airlines taking their second (or third)...
Kirk Hartley
Nov 29, 20111 min read
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MF Global’s $ 600 Million Fiasco – The Latest Example of the Intersections Between Bankr
The MF Global fiasco has left $ 600 million missing, and 38,000 customer accounts being scrutinized as to what happened. Tort and...
Kirk Hartley
Nov 17, 20112 min read
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Global Forum Shopping – Shipping Companies Seek Shelter in U.S. Chapter 11 Proceedings
U.S. bankruptcy judges purport to wield vast power, such as issuing purportedly global stays of all litigation pending against a debtor....
Kirk Hartley
Nov 8, 20111 min read
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WaMu Bankruptcy Judge on Possible Insider Actions in a Chapter 11
I’m shocked, just shocked, that a judge could think inside information and lack of disclosure could have tainted a chapter 11 case...
Kirk Hartley
Sep 15, 20113 min read
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Will Mass Tort Claims Take Major Banks Into Insolvency ?
Will litigation liabilities overwhelm Countrywide and/or Bank of America and force one or more entities into insolvency? That’s the...
Kirk Hartley
Aug 12, 20112 min read
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Social and Legal Issues Related to the Problem of the BP Oil Fiasco Creating Involuntary Creditors
Earth Day. A day to consider some of the consequences of the BP oil rig fiasco in the larger context of mass torts. One problem arising...
Kirk Hartley
Apr 22, 20113 min read
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General Motors and Post Bankruptcy Asbestos Claiming
Asbestos claimants continue to pursue GM for asbestos-related recoveries. Here is a story from Bloomberg yesterday on a recent hearing...
Kirk Hartley
Aug 13, 20101 min read
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Bankruptcy Courts Seem to Be The World’s Biggest Litigation Funders, But Fail to Apply Free Ma
A couple of observations on the Lehman bankruyptcy fees now that the case is back in the news as total professional fees approach $ 850...
Kirk Hartley
Jul 26, 20103 min read
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CERCLA Protects the Contribution Claim Rights of Allegedly Responsible Co-Defendants; Bankruptcy Co
A new article by Russel Prugh from Marten Law caught my eye because it explained that the federal circuit courts are now embracing a rule...
Kirk Hartley
Jun 28, 20102 min read
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Comments as a Co-Chair – Can We Look Outside Asbestos to View the Role of Chapter 11 as the To
I’m enjoying today a role as co-chair of this Perrin conference on asbestos chapter 11 cases.The timing of the conference is fortuitous...
Kirk Hartley
Jun 21, 20103 min read
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Dancing with The Masters of the Universe – Chapter 11 Strategies to Create Otherwise Unobtain
Chapter 11 filings used to imprint a scarlet letter on a company that was usually actually bankrupt in the classic sense of the word. Not...
Kirk Hartley
Jun 18, 20102 min read
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3rd Circuit Sua Sponte Orders Rehearing En Banc on Signficant Chapter 11 Mass Tort Case
After oral argument about a year ago, the 3rd Circuit has now sua sponte issued an order for reargument en banc in the important GIT...
Kirk Hartley
Jun 16, 20101 min read
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Catholic Church Use of Chapter 11 to Resolve Mass Tort Claims Regarding Sexual Abuse By Priests
Chapter 11 tort claim funds and trusts, backed by injunctions against litigation, are used for more than just chapter 11 asbestos...
Kirk Hartley
Jun 13, 20101 min read
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A Chapter 11 Filing By BP and Other Entities Could Actually Provide Positives for Chapter 11 Cases R
Will the oil rig fiasco result in a chapter 11 filing by BP entities or others ? If so, it could well be a positive for chapter 11 cases...
Kirk Hartley
Jun 13, 20105 min read
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Bondex Asbestos Chapter 11 Filing Highlights the Disastrously Poor Functioning of Chapter 11 as a Me
Two new asbestos chapter 11 cases were filed in the last two weeks. Both filings are interesting for various reasons. One of the filings...
Kirk Hartley
Jun 11, 20104 min read
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Recommended Reading on Torts – “Courting Failure: How Competition for Big Cases is Corr
Spring break included time to read several books. Some are relevant to a GlobalTort topics, including one highly relevant to the deep...
Kirk Hartley
Apr 19, 20104 min read
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