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

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Kirk Hartley
Jul 28, 20161 min read
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...
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Kirk Hartley
Jul 14, 20161 min read
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...
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Kirk Hartley
Jul 11, 20162 min read
New Jersey Supreme Court Opens the Door for Non-Spouses to Assert Claims “Take Home Exposures&
So far, 2016 has been a tough year for defendants in mass tort claims. The most recent example arises from a New Jersey Supreme Court...
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Kirk Hartley
Jun 28, 20166 min read
Register Now: July 7 Webinar Provides Insight into Praedicat’s Incredible Early Warning Systems for
Today’s post is a shameless and sincere push for you, your companies and your clients to invest at least 45 minutes to learn about one of...
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Kirk Hartley
Jun 1, 20161 min read
Asbestos, Other Fibers and the (Likely) New TSCA Statute
It seems as if the new TSCA legislation is destined to pass, despite Rand Paul’s questions. Therefore, one has to wonder whether we are...
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Kirk Hartley
May 19, 20162 min read
Science and Law Intersections: When Did Injuries Accrue and Become Known or Knowable – the NH
The intersections between law and science continue to increase as more issues turn on when and how injury is defined and the light...
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Kirk Hartley
May 17, 20161 min read
Monday at SCOTUS Was Not a Good Day for Defendants in Tort and Fraud Cases
Monday was not a good day for defendants at SCOTUS. Set out below are four overview statements by LAW360. One might think the litigation...
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Kirk Hartley
Apr 22, 20161 min read
VW’s $18 Billion Pain
An ounce of prevention versus ………. VW’s $18 billion charge for the emissions cheating scandal provides a timely example of the need to...
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Kirk Hartley
Apr 6, 20161 min read
Swinging Pendulums, Class Actions and SCOTUS
An April 4, 2016 Blue Sky blog article from Professor Coffee provides a cogent review of the end of the SCOTUS pendulum swinging against...
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Kirk Hartley
Apr 5, 20161 min read
Statutes of Repose and Asbestos
Publicity is growing in regular media regarding the Indiana Supreme Court knocking out the state’s construction statute of reposed based...
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Kirk Hartley
Apr 1, 20161 min read
“Surprising Revelations on Experts and Contingent Fees”
It can be interesting to peel back onion skin layers of law and find new legal rules. Consider for example the following two paragraphs...
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Kirk Hartley
Mar 25, 20161 min read
Litigation Funders Firm Up in Securities Suits Targeting Plaintiff’s Firm Slater & Gordon
The ironic saga continues as litigation funders are firmed up for securities suits against Slater & Gordon, a well-known plaintiff’s firm...
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Kirk Hartley
Mar 17, 20161 min read
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....
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Kirk Hartley
Mar 2, 20161 min read
Plaintiff Firm Slater & Gordon Hits a Major Hole
All is not peaches and cream for plaintiff lawyers who acquire abroad after IPOs. Slater & Gordon just announced almost $500 million of...
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Kirk Hartley
Jan 25, 20161 min read
Low Dose CT Scan Medical Monitoring Trial Arrives for Big Tobacco
Trial has finally arrived for the long-pending and much litigated Donovan class action against big tobacco in federal court in...
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Kirk Hartley
Nov 20, 20151 min read
Does Law Ever Change Significantly? Think About Marijuana (and the Tort(s) Relevant to You)
Some people assume change in law is always slow. Is that really true? Not always. Consider all of the ongoing change regarding the...
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Kirk Hartley
Nov 16, 20154 min read
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...
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Kirk Hartley
Nov 15, 20151 min read
Concussions, Science, Sports and the Movies
Yes, movies like this are a big deal as to public perception. And all should keep in mind that some members of the public end up on...
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Kirk Hartley
Nov 13, 20151 min read
CBO Publishes Estimate for Extension of 9/11 (Zadroga) Fund
CBO has published a preliminary estimate of costs related to extension of the 911 (Zadroga) fund. CBO provided the following summary:...
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Kirk Hartley
Nov 3, 20151 min read
The Tort Wars Continue for Control of Courts: “Bankrolling the Bench”
Spending continues apace on judicial elections as defense and plaintiff interests jockey to keep or put judges in office. The overall...
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