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

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Kirk Hartley
Jan 20, 20171 min read
SCOTUS Takes Up Issues on Jurisdiction and Groups of Mass Tort Cases
Yet again, SCOTUS is taking up issues that matter for mass tort cases. This time it granted cert to look at the constitutional law and...
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Kirk Hartley
Jan 19, 20171 min read
The American Pipe Tolling Doctrine Goes Back Up to SCOTUS
The American Pipe statute of limitation tolling doctrine is on its way back up to SCOTUS, as described in a January 15, 2017 article at...
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Kirk Hartley
Dec 30, 20161 min read
2017 May Bring an End to the US Federal Version of the Ancient Document Hearsay Exception
2016 has been quite the year, and it looks as if 2017 could be quite the year. To close out this year, a link to Nathan Schactman’s...
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Kirk Hartley
Dec 22, 20161 min read
Large Problems: Pfizer Goes Past $3.5 Billion in Payments of Fines and Settlements for Celebrex and
Some product liability losses are massive due to wide spread use and distribution of the products. For example, asbestos litigation is...
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Kirk Hartley
Dec 7, 20162 min read
Asbestos Plaintiff Lawyers Move Forward With Lawsuit Targeting The Estate of a Former Partner in a D
Lawsuits against law firms continue to be part of the increasing complexities of asbestos litigation. A recent example arises from...
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Kirk Hartley
Oct 31, 20163 min read
Peyton Manning, Multidisciplinary Teams, and $88 Million of New Talc Verdict Losses for Some Talc De
Last week brought $88 million of losses for insurers and others in “talc” verdicts. A recent talk by Peyton Manning to insurance...
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Kirk Hartley
Oct 6, 20162 min read
An Insurance Underwriter’s View: Growing Global Class Actions, Litigation Funding, and the Ha
The growing breadth and depth of global class actions is explored in a September 20, 2016 post at D&O Diary. Riffing off of Professor...
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Kirk Hartley
Sep 27, 20161 min read
FTSE 100 Reserves £31.3bn for Litigation and Compliance
The litigation industry can thank uber banks and others for a continuing flow of work. A new survey from Thompson Reuters is said to...
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Kirk Hartley
Sep 24, 20163 min read
Bike Brakes, Cancer and Mutated Genes: The Analogies Become More Complex With More Focus on Interact
Deeply understanding interactions between genes is one of the next frontiers for molecular researchers. As a result of 15 years of work,...
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Kirk Hartley
Sep 23, 20162 min read
Six Person Jury Statute Stricken by Illinois Supreme Court
Tort partisans are digesting the impact of yesterday’s Illinois Supreme Court ruling that struck down a statute that cut civil juries...
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Kirk Hartley
Sep 20, 20162 min read
Class Action Certified Against State Farm in Court Manipulation Claims Arising from $1 Billion Verdi
We live in interesting times as to the roles of money and influence in campaigns for office. In Illinois, the campaigns include elections...
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Kirk Hartley
Sep 16, 20161 min read
Missouri Legislature Fails to Enact Daubert Standard
This week, the Missouri legislature failed to pass a Daubert bill needed to override a prior veto by the state’s governor. The U.S....
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Kirk Hartley
Sep 12, 20161 min read
New York’s Dummit Decision is “Very Bad News for the Affected Companies”
Some analyses and comment on the Dummit opinion from New York in July (a/k/a In re New York City Asbestos Litigation) is set out in an...
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Kirk Hartley
Sep 7, 20164 min read
Now Online – The 2016 Version – New Science and Law in Asbestos Litigation, and Under-Re
Back in 2008, this blog started up because of my view that new and increasing intersections between science and law would drive many...
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Kirk Hartley
Aug 30, 20163 min read
California and Illinois Courts Reject Drug Defendant Arguments in Mass Tort Jurisdiction Cases
Drug defendant positions on jurisdictional issues in “mass tort” cases were rejected yesterday and late last week in new rulings from...
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Kirk Hartley
Aug 30, 20161 min read
Be Careful What You Wish For, the Oregon Example
In Oregon these days, there are claiming and verdict conundrums in toxic tort cases, as described in a cogent online article from Ed...
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Kirk Hartley
Aug 25, 20162 min read
“Tort Reform” Was: Letting the Parties Testify?
Who knew? So far as I can recall, I’ve never heard the assertions below. Kudos to Professor Robinette for spreading the following word...
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Kirk Hartley
Aug 14, 20161 min read
Applied Science Saving Lives: Airplane Crash Avoidance
Errors in manufacturing and science sometimes draw lots of lawsuits and negative attention. But great successes also exist, and sometimes...
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Kirk Hartley
Aug 8, 20162 min read
Where Will the Courts Draw the Lines for Caremark Claims Related to Science and Law Issues?
As law and science intersect more and more often, increasing opportunities arise for Caremark claims against corporate directors if they...
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Kirk Hartley
Jul 29, 20161 min read
Article: “Will Genomics Become Routine in Toxic Torts Causation Evaluation?”
It’s always good to see another person drink the kool-aid as to the roles of “omic” sciences for “toxins” (real and faux), and then pass...
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