Jurisdictional Arguments to Delaware Supreme Court: Are Conditions Appropriate in Dismissal Orders in Cross Border Toxic Tort Cases? Jurisdiction for toxic tort suits remains a “hot topic.”  A new example arises from oral argument in a Delaware Supreme Court case involving claims of disease in Argentine farm families. The suit was filed by well known US plaintiff firms against big tobacco entities. The substantive issues go to whether an order of dismissal should...… Continue Reading
Scientific Testing – Talc Example Talc litigation is providing yet another example of the reality that product liability litigation can be complicated by multiple parties seeking access to limited amounts of materials. The materials may be biopsy materials from people or samples of products. An August 28, 2017 article from LAW360 provides the headline story, with a couple of quotes below.  J&J...… Continue Reading
“Estimated future incidence of malignant mesothelioma in South Korea: Projection from 2014 to 2033” A recent article explains that mesotheliomas in South Korea are projected to increase over the years ahead, mainly because of demographics, according to these authors. The article is  “Estimated future incidence of malignant mesothelioma in South Korea: Projection from 2014 to 2033.” The abstract explains: “Malignant mesothelioma is a malignant tumor on the pleura or the peritoneum...… Continue Reading
How to think about the future, and the past? Some proclaim “certainty” essential and demand “proof” with confidence intervals at .05% or above. Others suggest we need more discussions about “scenario” instead of communicating about probabilities.  Outcomes related to Father Andrew’s car accident are used in a July 20, 2017 article in the NEJM to provide a...… Continue Reading