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

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Various pundits are saying 2019 will include a surge in litigation.  In that vein, it will be interesting to see if adverse financial outcomes for  M&A deals and IPOs result in state court class action securities cases. For  more on that topic, see a November 16, 2018 guest post at D&O Diary, titled: A New Twist in M&A Litigation: Section 11 Cases in State Court.…
Age of exposure to toxins is receiving increasing attention from researchers. Below, the abstract from an interesting study of arsenic drinking water exposures in Chile. https://academic.oup.com/aje/article-abstract/187/11/2297/5063615#.W98xc7qmSq8.email “Abstract Arsenic in drinking water is known to cause cancer and noncancer diseases, but little is known about its association with age at exposure. Here, we investigated age at arsenic exposure and mortality in Antofagasta, Chile, 30螔years after a distinct period of very high water arsenic concentrations (1958). We…
Below, an interesting agenda item from the now ongoing PLAC annual meeting: “10:00 am – 10:30 am:  The Trend Toward Monster Verdicts—What Is Happening and What To Do About It Eight and nine figure verdicts are coming down with increasing frequency. If the trend continues, it will dramatically change the product liability landscape. We will discuss what is happening, why it is happening, what the plaintiffs are doing to perpetuate the trend and what…
A new article consolidates information on the use of chapter 11 by Catholic dioceses. The author is a Penn State law professor, Marie Reilly. The article  is posted in SSRN, Catholic Dioceses in Bankruptcy. Hat tip to Private Law Theory blog for flagging the article. The abstract states: “The Catholic Church is coping with mass tort liability for sexual abuse of children by priests. Since 2004, eighteen Catholic organizations have filed for relief in…
Now online is the 1/3 fee petition from Hale  v. State Farm. et al., # 3:12- cv-00660, in the U.S. District Court for the Southern District of Illinois.  As explained in an October 17, 2018 article in LAW360, the suit’s allegations assert thatState Farm “funneled millions into the campaign coffers of a candidate for an open seat on the [Illinois Supreme] court in order to buy his vote to overturn [a prior ruling] — and…
The October 3, 2018 post at Drug & Device blog is a must read. It’s a quick, humorous and pithy summary of a true story – a church-based scheme involving a “miracle water.” Amazing. To tease you into reading, here’s the introduction: “Take out your hymnal, and turn to Hawkins v. State, 2018 Tex. App. LEXIS 7863 (Texas Ct. App., 14th Dist. Sept. 27, 2018). Consider the case of Mr. Hawkins, hereinafter referred to as…
Some years back, a few people (including me, in 2010) bucked conventional wisdom and predicted the rise of class actions in Europe. See, for example, my 2010 post at https://www.globaltort.com/2010/03/be-careful-what-you-wish-for-in-litigation-might-that-rule-apply-to-the-iqbaltwombly-pleading-standard/. In fact, class actions continue to expand in Europe. For a timely and useful article providing news on the latest possible expansion, see “Collective re-dress: all talk and now trousers.”  It’s online at Cooley.com.  Among other things, the article points out the following possible expansion: “More…
As pointed out in Tuesday’s post (September 18, 2018),  Praedicat and Allianz recently published facts and assessments on a “toxic” trio associated with some cosmetics. Again, this is an innovative effort, and deserves careful consideration. The third member of the “toxic trio” substances is formaldehyde. The facts and assessment of the future are – again – notable: “Formaldehyde is listed as a known carcinogen by the US National Toxicology Program and the International Agency for…