More On SCOTUS Arguments About Jurisdiction in Tort Cases

By | GlobalTort | May 1, 2017
Another helpful summary of SCOTUS and jurisdiction issues is set out in a May 1, 2017 post by Bexis at Drug & Device blog. As he says, tea leaf reading is tough. But assuming defendants do “win” these cases, it seems likely one outcome will be more “splitting of causes of action,” and defendants will lose the ability to complain – effectively – about the splitting. View Full Post
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Corinthian Colleges Preference Actions Filed in Delaware Bankruptcy Court

Starting on April 28, 2017, Craig R. Jalbert, as Distribution Trustee of the Corinthian Distribution Trust, filed approximately 122 complaints seeking the avoidance and recovery of allegedly preferential and/or fraudulent transfers under Sections 547, 548, 549 and and 550 of the Bankruptcy Code (depending upon the nature of the underlying transactions).   View Full Post
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Sometimes It Takes 2.5 Years to Reach Summary Judgment

On September 3, 2014, Brent Williams, the Plan Trustee (“Trustee”) for Touch America Holdings, Inc., filed a complaint initiating an adversary proceeding against, among others, AT&T Corp. (AT&T”).  In a 36 page decision dated April 25, 2017, Judge Carey of the Delaware Bankruptcy Court granted AT&T’s motion for summary judgment, bringing the litigation to an end.  View Full Post
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Sandys V. Pincus: Expansion of the Rales Test and Lowering of Threshold for Lack of Independence in the Demand Futility Context

By | Louisiana Law Blog | April 28, 2017
Delaware By David P. Hamm, Jr. In Sandys v. Pincus, the Delaware Supreme Court reversed a “thoughtful forty-two page opinion” by Chancellor Bouchard that dismissed a derivative action based upon the stockholder’s failure to make pre-suit demand.[1] The court’s opinion can be found hereView Full Post
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Sandys V. Pincus: Expansion of the Rales Test and Lowering of Threshold for Lack of Independence in the Demand Futility Context

By | Louisiana Law Blog | April 28, 2017
Delaware By David P. Hamm, Jr. In Sandys v. Pincus, the Delaware Supreme Court reversed a “thoughtful forty-two page opinion” by Chancellor Bouchard that dismissed a derivative action based upon the stockholder’s failure to make pre-suit demand.[1] The court’s opinion can be found hereView Full Post
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Smoking, Epigenetics and Autism – Epigenetic Links?

By | GlobalTort | April 28, 2017
The ongoing revolution in molecular science will help answer fascinating questions, such as why is there is more materially more autism among granddaughters of smokers. The answers, in turn, could have profound effects on business practices and product liability litigation. An April 28, 2017 article at Science Daily outlines the question as to smoking and autism, and how epigenetic events may trigger adverse outcomes in later generations. View Full Post
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Perrin Conferences May 15 Webinar: JURORS, GENOMICS AND TORT LITIGATION WEBINAR: BREAKING DOWN THE SCIENCE OF GENOMICS FOR JURORS, ATTORNEYS AND THE BENCH

By | GlobalTort | April 28, 2017
Researchers continue to identify more and more genes that appear relevant to development of mesothelioma. Are you experts and trial team ready? If not, consider the upcoming webinar described below. JURORS, GENOMICS AND TORT LITIGATION WEBINAR: BREAKING DOWN THE SCIENCE OF GENOMICS FOR JURORS, ATTORNEYS AND THE BENCH Monday, May 15, 2017 2:00 – 3:30pm EST Topics to be covered: Overview of tort cases where genomic evidence is being used Basic explanation of DNA mutations and why they matter Analysis of jury interest in genetic information Analysis of talking to juries about “alternative causes” Plaintiff – defense counterpoint on the changing role of epidemiology Plaintiff- defense counterpoint on talking about what happened (or not) with cancer in one particular person Costs related to genetic analysis Speakers: Kirk T. View Full Post
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