GlobalTort

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

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The times they are a changing. The other day, I stumbled across the Clinical Robotics Law Journal, after being intrigued by a February 20, 2019  article titled:  The Healing Touch: Haptic Feedback and the State-of-the-Art Defense.  Lots of other interesting article titles too, but I resisted the temptation for all but the one. As a teaser, here’s a paragraph from the article: “Today, private companies and institutions like UCLA are developing technologies that will…
A tobacco company is the latest entity to use bankruptcy to try to limit its obligations for a mass tort. This instance, however, is different because the bankruptcy is in Canada, ownership of the tobacco entities ties to Japan, and the bankruptcy follows on after restructuring efforts that a trial judge viewed as probably illegal fraudulent structures and transfers. This new bankruptcy follows the affirmance of the about $15 billion class action verdict against multiple…
So many issues lie ahead for litigation involving AI. With that in mind, here’s the abstract from a new paper by the indefatigible Dan Schwarcz and Anya Prince. This is the link to the paper at SSRN. “Abstract Big data and artificial intelligence are revolutionizing the ways in which financial firms, governments, and employers classify individuals. Surprisingly, however, one of the most important threats to anti-discrimination regimes posed by this revolution is largely…
The $15 billion or so Quebec class action verdict in Canada against tobacco companies was upheld late on Friday in a 440 page opinion, in French. It will interesting to watch the reactions of stock markets, and learn more as commentaries and English language translations are distributed. The Eye on the Trials blog is an excellent source of information about the case.    …
What if Alexa went to law school? That’s the interesting headline used to tee of some exchanges about AI and changes to Lexis/Nexis products, including legal research and court dockets.  This February 11, 2019 post at Dewey B. Strategic is worth reading for some glimpses into the past and what’s ahead; it is titled: Lexis Prepares to Launch a Research Bot – And a CourtLink Makeover…
“Protection gaps” are one of the results of the failure of state regulation of most forms of insurance. The gap problem – as it exists for property insurance – will be discussed in detail at an upcoming conference at Rutgers Law School, with an interesting and economically diverse set of business community speakers, and truly astute professors and lawyers. Wish I could be there. See the agenda pasted below. To register, go to https://ipe.rutgers.edu/ipe_reg.php?event_id=611.…
Three new justices joined the Florida Supreme Court early in 2019 due to retirements of others. The new justices all were appointed by a Republican governor; no doubt tort system defendants are hoping the new justices alter the existing legal balance in Florida. It will be interesting to see what happens. Evelyn Fletcher Davis provides a cogent summary of the new justices here in a February 20, 2019 article.…
At long last, plans are moving forward to establish a national mesothelioma patient registry in the United States. A key meeting of experts planning the registry will be held on Tuesday March 26, 2019  in Bethesda. The meeting will include panel presentations by mesothelioma experts from CDC and NIOSH, and will include a substantial opportunity for stakeholders to provide to suggestions and comments.  The long hoped for registry is moving into place after years of efforts…
In the UK, an “overalls” case is a shorthand term for a “take home” case, as we refer to them in the US. Of greater note, a UK plaintiff recently succeeded  in such a case, as described in a February 18, 2019 post at AsbestosLaw blog, which is published by UK Barristers who acted for the claimant. The opinion includes a detailed discussion of the evidence; it is online here.