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

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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 15, 20181 min read
Legislative Grants of Immunity from Lawsuits – the Online Example
Some day I would love to find a law review or treatise capturing and summarizing the various industries which hold legislative immunity...
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Kirk Hartley
Jun 28, 20181 min read
“ILR at 20: Despite Victories for General Counsel, Plenty of Challenges Ahead”
Interesting June 25, 2018 interview/article in Corporate Counsel on the expansion of the ILR through acquisition of news media, and its...
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Kirk Hartley
Jun 27, 20181 min read
The Sponsored Research Conundrum – The Moderate Drinking Example
Sponsored research is needed to answer some questions. This seems especially true in an age in which government budgets are less than...
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Kirk Hartley
Jun 8, 20181 min read
Update on Springer v. Nohl: Fraudulent Conveyance Claims Arising from Shut Down of Company
The Springer v. Nohl fraudulent conveyance/asbestos case in Wisconsin highlights dubious corporate side activities, and is finally...
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Kirk Hartley
Jun 7, 20181 min read
“Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Tr
It seems to be a week for articles highlighting the more tawdry side of the plaintiff side in mass torts. In this instance, a new Forbes...
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Kirk Hartley
Jun 6, 20181 min read
“Mass Torts and Mass Frauds” – With Fraudulent Conveyances
For an outlier example of some of the worst of mass tort claiming, proceed directly to Mass Torts and Mass Fraud, the June 6, 2018 post...
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Kirk Hartley
May 29, 20181 min read
“Woman Who Was Raped as a Teenager Is Awarded $1 Billion in [Compensatory] Damages”
A $1 billion compensatory damages verdict last week seems to be another signal of significant unhappiness among the people who are...
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Kirk Hartley
May 25, 20181 min read
Before issuing an award, jury asks: “Can we punish the defendants by requiring them to place a
Yesterday’s punitive damages verdict against J&J arrived after interesting questions from the jury to the court. One wonders how J&J will...
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Kirk Hartley
Apr 16, 20181 min read
The Seamy Side of Vaginal Mesh Litigation: “How Profiteers Lure Women Into Often-Unneeded Surg
Part of the seamy side of vaginal mesh litigation was reported in an April 14, 2018 article in the NYT. The article, “How Profiteers Lure...
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Kirk Hartley
Apr 4, 20184 min read
Delaware Supreme Court Holds that Determination that an Adequate Alternative Forum Exists is Not Req
Once upon a time, it seemed the 1980 ruling in World-Wide Volkswagen would control forever, and that jurisdictional jurisdictional...
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Kirk Hartley
Mar 7, 20182 min read
SCOTUS Cuts Back on Fraudulent Conveyance Defenses – LBOs Now More at Risk
Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate transactions from fraudulent conveyance claims...
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Kirk Hartley
Feb 15, 20184 min read
Biomarkers and Injury Move Forward – “FDA authorizes marketing of first blood test to
Biomarkers are changing many aspects of science and litigation. The field is still young, but promising. The point is exemplified by...
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Kirk Hartley
Feb 13, 20182 min read
Fordham Law Workshop: “Civil Litigation Reform in the Trump Era: Threats and Opportunities&#
An upcoming workshop looks interesting as to class action and “tort reform” topics. The agenda is online here, and pasted below. A hat...
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Kirk Hartley
Feb 11, 20182 min read
Possible Fraudulent Conveyances and Corporate Transactions After Alleged Mass Torts – New Comp
After an alleged or actual mass tort, some companies move voluntarily into chapter 11 proceedings to cope with the claims. However, some...
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Kirk Hartley
Jan 31, 20181 min read
ToxicoGenomica Blog Provides Insights into Genetics and Torts
ToxicoGenomica is the doing business name for a collaboration between me and scientists at ArrayXpress and Innovative Science Solutions....
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Kirk Hartley
Jan 15, 20184 min read
“The coming of age of gene therapy: A review of the past and path forward”
Advances in gene therapy are accelerating the pace and scale of the revolution in molecular biology. A new, open access review article in...
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Kirk Hartley
Sep 27, 20173 min read
“Breakthrough may lead to ability to diagnose CTE in living football players”
Yet another example of how biomarkers evolve, and could matter for litigation over alleged or actual injuries, as set out in a September...
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Kirk Hartley
Aug 29, 20172 min read
Scientific Testing – Talc Example
Talc litigation is providing yet another example of the reality that product liability litigation can be complicated by multiple parties...
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Kirk Hartley
Aug 14, 20171 min read
Scenario Planning Versus Demanding Purported Certainty
How to think about the future, and the past? Some proclaim “certainty” essential and demand “proof” with confidence intervals at .05% or...
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