Toxic Torts. Legal news and articles for April 20 - 25, 2017

Drug Co. Asks Justices To Limit Out-Of-State Tort ClaimsJ&J, Bayer accused of hiding Xarelto's dangers, face 18000 patient lawsuitsCounsel Financial Continues Sponsorship of Mass Torts Made Perfect's Business of Law ProgramThe Spoliation Cause of Action: A Vampire in the Court SystemThe Spoliation Cause of Action: A Vampire in the Court SystemFirst Xarelto Case to Test Views Over Attorney AdsFirst Xarelto Case to Test Views Over Attorney AdsKing & Spalding's Austin Office Adds Three Tort Litigation PartnersCourt Approves US-Style Group Claim for Hate SpeechMissouri poised to become 13th state with asbestos claims transparency lawTrump's Lawyers Prove They Have No Idea How the First Amendment WorksSuits' Location, Aggregation to Be Probed at High CourtThe law of corporate responsibility must reflect the new corporate realityChanges To Pa. Tort Law Not Coming Fast Enough, Attys SayChanges To Pa. Tort Law Not Coming Fast Enough, Attys Say

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Guest column: Winsted's tort museum is a wonderful place
Torrington Register CitizenMarch 28, 2017

I learned that tort law is a vital part of our history, and its importance continues well into the present. America's earliest settlers, who came here for religious freedom, considered it equally important to bring their system of tort law, the law of ...more »

What happens if the EPA is stripped of its power to fight climate change?
ThinkProgressApril 3, 2017

Historically, tort law has not been favorable to climate litigation because the sheer scope of climate change makes establishing blame difficult; as Yale law professor Douglas Kysar wrote in 2011, “tort law seems fundamentally ill-equipped to address ...more »

Toxic Torts. News and Stories

Drug Co. Asks Justices To Limit Out-Of-State Tort Claims
Law360 (subscription)April 25, 2017

Law360, Washington (April 25, 2017, 1:31 PM EDT) -- Bristol-Myers Squibb Co. urged the U.S. Supreme Court Tuesday to overturn a decision allowing almost 600 non-California residents to sue the drugmaker in the state over the blood-thinner Plavix, ...more »

J&J, Bayer accused of hiding Xarelto's dangers, face 18000 patient lawsuits
Chicago TribuneApril 25, 2017

"Judge Fallon has been through the process several times," said Carl Tobias, who teaches product-liability law at the University of Richmond in Virginia. "He knows how to get suits to trial that will give the companies and plaintiffs a good feel for ...more »

Counsel Financial Continues Sponsorship of Mass Torts Made Perfect's Business of Law Program
PR Web (press release)April 25, 2017

Counsel Financial has announced that on Wednesday, April 26, 2016, it will continue its multi-year leading sponsorship of the “Boost Your Law Firm Business: Financing and Marketing Strategies” program at Mass Torts Made Perfect (MTMP). The full-day ...more »

The Spoliation Cause of Action: A Vampire in the Court System
New York Law Journal (registration)April 25, 2017

Then, through negligence, intentional act or fraud, the employer rids itself of the item or destroyed it without leaving behind any means for the employee to test or examine the item. ... In Alegria, Justice Jack M. Battaglia weighed in on the Ortega ...more »

The Spoliation Cause of Action: A Vampire in the Court System
New York Law Journal (registration)April 25, 2017

1993) (Tom, J.)), Justice Peter Tom (when he was a trial court judge) noted that "[w]hile New York courts do not view spoliation of evidence as an actionable tort, this jurisdiction does recognize a common law cause of action against an employer for ...more »

First Xarelto Case to Test Views Over Attorney Ads
The National Law Journal (registration)April 24, 2017

Xarelto has become the poster child for critics of unbridled plaintiffs attorney advertising—led by tort reform groups like the U.S. Chamber of Commerce's Institute for Legal Reform. House Judiciary Committee Chairman Bob Goodlatte, who co-authored a ...more »

First Xarelto Case to Test Views Over Attorney Ads
The National Law Journal (registration)April 24, 2017

Xarelto has become the poster child for critics of unbridled plaintiffs attorney advertising—led by tort reform groups like the U.S. Chamber of Commerce's Institute for Legal Reform. House Judiciary Committee Chairman Bob Goodlatte, who co-authored a ...more »

King & Spalding's Austin Office Adds Three Tort Litigation Partners
Yahoo FinanceApril 24, 2017

King & Spalding today announced that Lana Varney, Lisa Horvath Shub and Stephen Huffaker have joined as partners in the Life Sciences practice in the firm's ...more »

Court Approves US-Style Group Claim for Hate Speech
Lexology (registration)April 24, 2017

An Ontario court has found that while a class action for defamation and injury cannot be brought against individuals for promoting hate speech at the Toronto Pride Parade, an amended group "opt in" claim may be advanced against them, similar to US law ...more »

Missouri poised to become 13th state with asbestos claims transparency law
St. Louis RecordApril 22, 2017

Behrens was referencing a nearly 4-year-old case involving Garlock Sealing Technologies in which it was alleged in a lawsuit that a handful of law firms representing asbestos plaintiffs in civil actions were untruthful about their clients' exposures ...more »

Trump's Lawyers Prove They Have No Idea How the First Amendment Works
LawNewzApril 21, 2017

Yesterday, Donald Trump's lawyers filed a motion in an ongoing case brought by three Trump protesters who allege they were roughed up and thrown out of a Trump campaign rally in 2016. During the rally in Louisville, Kentucky, then-candidate Trump ...more »

Suits' Location, Aggregation to Be Probed at High Court
Bloomberg BNAApril 21, 2017

When state courts overlook established rules to aggregate suits in plaintiff-friendly states, “it can remove predictability for defendants,” Professor Adam L. Hoeflich of Northwestern University's Pritzker School of Law told Bloomberg BNA. ... Nelson ...more »

The law of corporate responsibility must reflect the new corporate reality
CBA National (blog)April 21, 2017

Tahoe Resources Inc. The former involves the piercing of the corporate veil, and the latter, the attribution of liability from a subsidiary to a parent company under tort law. These cases are anchored on legal theories that are not responsive to a new ...more »

Changes To Pa. Tort Law Not Coming Fast Enough, Attys Say
Law360 (subscription)April 20, 2017

Law360, Philadelphia (April 20, 2017, 7:29 PM EDT) -- It's been more than two years since a Pennsylvania Supreme Court decision signaled a new era for tort law in the state by redefining a jury's role in determining a product's dangers, and some ...more »

Changes To Pa. Tort Law Not Coming Fast Enough, Attys Say
Law360 (subscription)April 20, 2017

Law360, Philadelphia (April 20, 2017, 7:29 PM EDT) -- It's been more than two years since a Pennsylvania Supreme Court decision signaled a new era for tort law in the state by redefining a jury's role in determining a product's dangers, and some ...more »

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