Toxic Torts. Legal news and articles for February 28 - 29, 2012

New Study Boosts Case Against 'Legacy' LawsuitsU.S. Supreme Court Rules Pre-emption Defeats Tort Claims of Railroad WorkerRottenstein Law Group Acknowledges Research Showing Many Antidepressants are ...DUNCAN v. U.S. POSTAL SERVICE HEADQUARTERSMass Torts in the Federal Courts - Recap Part IShell, Fortescue, Bodog, Credit Agricole, Wal-Mart in Court NewsShell, Fortescue, Bodog, Credit Agricole, Wal-Mart in Court NewsMaintenance director files intent to sue Harrison CountyCourt skeptical of using US laws in foreign human rights casesSupreme Court Weighs Corporate Liability in Human Rights CasesCourt skeptical about overseas corporate abuse suitsJustices appear divided on US lawsuits over abuses abroadCan Corporations Be Guilty of Murder, Torture, and Crimes Against Humanity?Maintenance director files intent to sue Harrison CountyQuote of the Day: These Are Not the Laws You Are Looking For

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Settlement possible in BP oil spill case
UPI.comFebruary 5, 2012

Some critics, however, say the states shouldn't settle the case simply to avoid a trial. "Louisiana stands to gain a huge amount from this, which is why I don't want it to settle," Loyola University tort law Professor Blaine LeCesne said.more »

This Week in The National Law Journal
The BLT: Blog of Legal Times (blog)February 6, 2012

Corporations are looking for the US Supreme Court to set limits on a law for torts committed abroad in violation of international law or US treaties, Marcia Coyle reports. Kiobel v. Royal Dutch Petroleum Co., which involves the Alien Tort Statute, ...more »

Toxic Torts. News and Stories

New Study Boosts Case Against 'Legacy' Lawsuits
MarketWatch (press release)February 29, 2012

... we last week posted video of a plaintiffs' 'expert' teaching Gulf Coast personal injury lawyers how to exploit the law and corrupt the civil justice system," began American Tort Reform Association communications director Darren McKinney.more »

U.S. Supreme Court Rules Pre-emption Defeats Tort Claims of Railroad Worker
ABA JournalFebruary 29, 2012

By Debra Cassens Weiss The US Supreme Court has ruled that federal law pre-empts tort claims by the estate of a railroad worker who died after contracting malignant mesothelioma. The majority opinion (PDF) by Justice Clarence Thomas said the design ...more »

Rottenstein Law Group Acknowledges Research Showing Many Antidepressants are ...
WebWire (press release)February 29, 2012

The Rottenstein Law Group is a New York-based law firm that represents clients in mass tort actions. The firm was founded by Rochelle Rottenstein, a lawyer with over two decades of experience in compassionate representation of clients in consumer ...more »

DUNCAN v. U.S. POSTAL SERVICE HEADQUARTERS
Leagle.comFebruary 29, 2012

Duncan argues on appeal that the district court erred in concluding she was contributorily negligent and, therefore, barred from recovery under the applicable law — the tort law of Maryland — and that the court erred in denying her cross-motion for ...more »

Mass Torts in the Federal Courts - Recap Part I
Law Professor Blogs Network (blog)February 29, 2012

Congratulations to the students of the Federal Courts Law Review for a wonderful symposium last Friday, February 24, 2012, on "Mass Torts in the Federal Courts." In today's post, I will recap the two individual presenters: Ken Feinberg and the ...more »

Shell, Fortescue, Bodog, Credit Agricole, Wal-Mart in Court News
BusinessWeekFebruary 29, 2012

There can also be suits under state law or the domestic laws of nations. But there may not be ATS federal common-law causes of action against corporations.” The case, Kiobel v. Royal Dutch Petroleum Co., was filed in 2002 by 12 Nigerians claiming they ...more »

Shell, Fortescue, Bodog, Credit Agricole, Wal-Mart in Court News
BloombergFebruary 29, 2012

Federal prosecutors also seized the Internet domain name bodog.com. Ayre and his co-conspirators paid more than $42 million from 2005 to 2008 for an advertising campaign to attract US gamblers to the website, prosecutors said.more »

Maintenance director files intent to sue Harrison County
Louisville Courier-JournalFebruary 29, 2012

Under state law, a tort claim is a notice that must be filed before a government entity can be sued. James Goldman, president of the county Board of Commissioners, said officials hope it doesn't come to that. He said he was surprised by Simon's ...more »

Court skeptical of using US laws in foreign human rights cases
Law.comFebruary 29, 2012

The Alien Tort Statute is at the heart of the Kiobel case. Enacted in 1789, it gives federal district courts jurisdiction over tort suits brought by aliens for violations of the law of nations or a treaty of the United States.more »

Supreme Court Weighs Corporate Liability in Human Rights Cases
PBS NewsHourFebruary 29, 2012

Gwen Ifill and The National Law Journal's Marcia Coyle discuss the potential liability implications for corporations. GWEN IFILL: At the US Supreme Court today, justices heard arguments on a pair of international human rights cases.more »

Court skeptical about overseas corporate abuse suits
Washington PostFebruary 29, 2012

But conservative justices seemed skeptical that a more-than 200-year-old US law formulated at the time of the country's founding allowed such suits against corporations. The law allows “aliens” to bring civil lawsuits for acts that violate the “law of ...more »

Justices appear divided on US lawsuits over abuses abroad
The RepublicFebruary 29, 2012

Last year, the US appeals court in New York threw out the suit on the grounds that corporations are not liable in this country for overseas violations of international law. Justice Stephen G. Breyer noted those cases are filed under the Alien Tort...more »

Can Corporations Be Guilty of Murder, Torture, and Crimes Against Humanity?
Slate MagazineFebruary 29, 2012

The law was passed by the first Congress in 1789. In 2002, 12 Nigerian nationals sued Royal Dutch Shell under the ATS, alleging that the oil company had colluded with the Nigerian military from 1992 to 1995 to suppress a grass-roots protest movement ...more »

Maintenance director files intent to sue Harrison County
Louisville Courier-JournalFebruary 29, 2012

Under state law, a tort claim is a legal notice that must be filed before a government entity can be sued. James Goldman, president of the county board of commissioners, said officials hope it doesn't come to that. He said he was surprised by Simon's ...more »

Quote of the Day: These Are Not the Laws You Are Looking For
Above the LawFebruary 28, 2012

At the Legal tab, select Area of Law – By Topic, and then click Legislative & Regulatory Resources. LexisNexis is now the exclusive, online third-party provider of the broad full-text collection of industry-leading ALM legal news titles, practice area ...more »

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