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

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Academic Work On the Stock Price Impact of Product Recalls
An academic research project on the stock price impact of product recalls is described in a February 1, 2021 blog post from Christopher...
Kirk T. Hartley
Feb 10, 20211 min read
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"Prime" Litigation Against Web Site Sellers? "Holding Amazon Liable As a Seller of Defective Goods"
A new article from Professor Catherine M. Sharkey lays out a modern rationale for lawsuits seeking to hold Amazon liable as a settler of...
Kirk T. Hartley
Jan 5, 20211 min read
21 views
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One Fact Pattern Relevant for Thinking About Ethical Issues When A Settlement is to Be Funded By Con
What ethical missions can appropriately intersect with corporate profits in the context of mass tort settlements that call for continuing...
Kirk Hartley
Oct 3, 20192 min read
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Following Up on Winkler: “What Corporate Veil?”
An interesting new article follows up on Adam Winkler’s book; the article is online at this page of SSRN. Hat tip to Steve Hedley for...
Kirk Hartley
Jun 4, 20192 min read
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“Wrongful Life in the Age of CRISPR-CAS: Developing a Legal Fiction for Wrongful Gamete Manip
From a March 7, 2019 post at the Torts Prof blog, two interesting new SSRN abstracts on tort issues arising due to the rapid increasingly...
Kirk Hartley
Mar 7, 20191 min read
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Compensation Funds are Seldom Simple: ‘We recognize this is horribly unfair.’ 9/11 victim fund will
It’s seldom simple to plan and manage a compensation fund for personal injuries. The currents status of the September 11th Victim...
Kirk Hartley
Feb 18, 20191 min read
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Arbitration Confidentiality Clause Does Not Control Subsequent Proceedings in Court
An arbitration agreement may specify confidentiality, but does that term necessarily control and require sealing of subsequent...
Kirk Hartley
Jan 7, 20192 min read
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A Valuation Question: “Value of a Statistical Life? $9.1 Million”
Some recent reading reminded me that the Conversable Economist blog includes an October 23, 2013 post that provides a very useful...
Kirk Hartley
Dec 28, 20181 min read
3 views
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Sponsored Writing: Economics, The Koch Brothers and George Mason University
The media exchanges continue as to what the rules should or should not apply as to disclosure and funding related to research and...
Kirk Hartley
Jul 8, 20181 min read
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“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...
Kirk Hartley
May 29, 20181 min read
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State Law Property Rights – What are They?
What are property interests; how do we know them when we think we see them? That’s a fascinating question that’s been animating due...
Kirk Hartley
Mar 28, 20182 min read
2 views
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Takata Has Moved for a Futures Representative, But Who Are The Constituents?
Interesting topics are raised by a motion by Takata for appointment of Roger Frankel as a futures representative in Takata’s chapter 11...
Kirk Hartley
Jul 26, 20171 min read
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SCOTUS Once Again Hammers the Federal Circuit (the Patent Court)
This week brought another lesson in the importance of looking at big picture principles instead of focusing only at the micro level. The...
Kirk Hartley
Jun 2, 20171 min read
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Brief and Declaration of Former National Security Officials in State of Washington v. Trump
The issues in State of Washington v. Trump can be framed broadly or narrowly. If framed broadly, the issues may have notable impacts as...
Kirk Hartley
Feb 6, 20171 min read
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Timely, Open Access Web Site Provides a Great Way to Track the Civil Rights Cases Challenging the Va
With so many executive orders being challenged in many forums, keeping track of the events presents challenges similar to the challenges...
Kirk Hartley
Feb 5, 20171 min read
6 views
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“U.S. Chamber of Commerce Undeserving of “Cancer Gold Standard” Because of Its Global Lobbying
Cartoon courtesy of Campaign for Tobacco Free Kids. You knew this well-targeted attack was going to be launched by someone. Kudos to the...
Kirk Hartley
Dec 27, 20151 min read
3 views
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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...
Kirk Hartley
Nov 16, 20154 min read
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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...
Kirk Hartley
Nov 15, 20151 min read
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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:...
Kirk Hartley
Nov 13, 20151 min read
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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...
Kirk Hartley
Nov 3, 20151 min read
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