Kirk Hartley (LexBlog Australia)
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Glyphosate Litigation Starts Up In Australia
The litigation industry is global. The latest example is the start of RoundUp/glyphosate litigation in Australia, as described in this June 3, 2019 article in the Brisbane Times.
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A $1 Billion (AU) Loss for Slater & Gordon, an International Plaintiff’s Firm
Plaintiff’s work is not all profit all the time, although it can be quite lucrative. Like all entrepreneurs, plaintiff firms also make not so good investments. Some proof arises from an August 25, 2016 Global Legal Post article about a major loss for Slater & Gordon, an international plaintiff’s firm that started out in Australia,...
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Litigation Funders Firm Up in Securities Suits Targeting Plaintiff’s Firm Slater & Gordon
The ironic saga continues as litigation funders are firmed up for securities suits against Slater & Gordon, a well-known plaintiff’s firm from Australia that used IPO proceeds to expand internationally. The latest update is in a March 23, 2016 article from the Global Legal Post. Slater & Gordon’s expansion into the UK hit a major...
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Mesotheliomas in Australia: It’s About the Science, Sort of: “Asbestos Web Sites” Continue to Use New Medical Articles to Increase Online References to Asbestos and Litigation
Plaintiff firms involved in asbestos litigation like to have the internet pulsing with references to asbestos and litigation. To that end, they’ve figured out the utility of writing blog posts and press releases about some of the hundreds of medical articles that flow out every year about asbestos-related diseases. For example, a new year end...
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Asbestos Headlines in Australia
Asbestos headlines continue in Australia, such as an article about Baryulgil in a November 7, 2015 article in The Saturday Paper.
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“Development of a Job-Exposure Matrix (AsbJEM) to Estimate Occupational Exposure to Asbestos in Australia”
A new quantitative paper is out on “asbestos exposure assessment,” and authored by some notable names in asbestos research. The paper is: Van Oyen et al, Development of a Job-Exposure Matrix (AsbJEM) to Estimate Occupational Exposure to Asbestos in Australia, Ann Occup Hyg (2015) doi: 10.1093/annhyg/mev017 The abstract provides an overview of the paper: “Abstract Introduction: Occupational...
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James Hardie Reports Rising Mesothelioma Claims and Expenses, Contrary to Prior Projections
Rising mesothelioma claims and expenses, exceeding projections. That’s the May 22, 2014 financial word from Australia’s James Hardie. An ABC News story is here. This “investors” page for James Hardie includes links to download Hardie’s May 22, 2014 press release, and KPMG’s March 31, 2014 report on expenses for the James Hardie asbestos trust. Unlike...
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Building Group Donates $400k (AU) to Mesothelioma Research
With a hat tip to Laurie Kazan-Allen, note that a group of Australian construction industry interests donated $400k (AU) for mesothelioma research at Australia’s National Centre for Asbestos Related Diseases. NCARD is highly-regarded and frequently publishes its data in a range of peer-reviewed publications. One wonders when we will start seeing significant mesothelioma research contributions by..
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It’s Not Just an Australian Plaintiff’s Firm – Slater & Gordon Continues Its Global Growth
To borrow an expression, Australia’s Slater & Gordon was not and is not your father’s law firm. It’s originally an Australian plaintiff’s firm. The firm went public through a 2007 IPO and continues to use the securities markets to raise cash for acquisitions. See Wikipedia for some history and links. Over the years, Slater & Gordon acquired...
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SV40 and Mesothelioma – New Research from Australia’s NCARD
SV40. Simian virus 40. As described by my sister the scientist, it can leave cells looking like a bomb went off inside the cell. It’s been linked by some to various cancers, including brain cancers, DLBCL, and mesothelioma. Some partisan advocates provide some history, with a bias. SV40 is back in the news for asbestos litigation,...
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Australia – Quinn Emanuel’s Latest Move into More Product Liability and Insurance Work
Yesterday’s news was litigation powerhouse Quinn Emanuel taking almost 20 product liability and insurance lawyers from Skadden Arps and Weil Gotshal. Today’s news is the Quinn firm opening an office in Australia. And one of the new lawyers is a long-time Australian lawyer who focuses on insurance and product liability issues. Interesting times are ahead...
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Will Australia Actually Create An Agency Focused Only on Asbestos
In Australia, some legislators seek to create an agency focused only on asbestos. The story is in a March 21, 2013 online issue of the Sydney Morning Herald.
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Litigation Funding – The U.S. Chamber of Commerce Keeps Throwing Away Credibility
Litigation funding is a much needed, economically logical tool for many plaintiffs, and a fact of life. Indeed, it’s a fixture in some overseas countries, such as the Uk and Australia. But, the US Chamber of Commerce keeps flogging away at litigation funding. The latest exchange is here – a letter battle with Christopher Bogart of...
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Misguided Messages – “Asbestos Free” Australia
Asbestos awareness grows, and unions are ever more vocal. That said, the conversation is not always logical or accurate. Consider this article about Australian unions seeking “asbestos free” Australia. But asbestos is natural, and blowing in the wind, everywhere. Indeed, Australia includes former working asbestos mines. The approach of these unions brings to mind a...
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Former Bendix Plant Workers in Australia Sign Up for Possible Claiming
A recent online news article asserts that about 80 former Bendix plant workers in Australia (Ballarat) are signing up with a plaintiff’s law firm after working with both chrysotile and crocidolite fibers while making friction products. The operation was taken over by FMP Group, as in Federal-Mogul bankruptcy fame. If there are future claims, it...
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Australia’s Supreme Court Upholds Law Requiring Plain Labels for Cigarettes
Australia’s Supreme Court issued an order – but not yet a full opinion – upholding the constitutionality of a law requiring plain paper labels for cigarettes. The court thus rejects the claim that there is a “right” to use flashy packaging to sell the carcinogens commonly known as cigarettes. Common sense prevails.
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New Science and Old Drugs in Litigation – Thalidomide Back in the News After a Multi-Million Dollar Settlement
Thalidomide claims are back in the popular press after a newly announced settlement in a class action case pending in Australia; the case was filed by Australia’s Peter Gordon. The claims are significant for several reasons, including the fact that they involve new claims involving old drugs, and modern science can now further explain such...
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Free International Conference Calls – Several Countries
I’m one of those people who tends to comment on service – bad or good. The service provider below is one that I use domestically, and it’s been great. So, I’m passing along its international offering. _______________________________________________________________________________ Dear Valued FreeConferenceCall.com Customer, We are excited to announce the launch of FreeConferenceCall.com...
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Has Claiming Peaked for the James Hardie Asbestos Compensation Fund ?
The saga goes forward for Australia’s James Hardie, and its effort to manage asbestos claiming through a compensation fund. On one hand, the company and former officers remain subject to a cloud cast by charges of securities law violations associated with the disclosures related to the creation and funding of the compensation trust. On the other...
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James Hardie Appeal Arguments Are Underway – Should Outside Counsel Have Been a Witness ?
As described here in an Australian newspaper article, the James Hardie appeal is underway regarding disclosure issues regarding its asbestos risks and plans for managing the situation. The case is one of two important cases on appeal in Australia. For more background on the issues, see this long prior post or any of the many...
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Upcoming Australian Decisions on Securities Law Issues Related to Mass Torts
Two significant, upcoming securities law cases in Australia are relevant to corporations and their officers and directors coping with mass tort liabilities and risks, and issues related to corrections/changes to prior disclosures. Both are cases that ASIC – Australia’s SEC – will soon argue to the Supreme Court in Australia. Case number one involves James...
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Over $ 1 Million Jury Verdict in Australia for Mesothelioma Victim
In Australian asbestos litigation, a recent $1.15 million jury verdict against James Hardie is reported here. The suit was by a former employee who developed mesothelioma. The key excerpts state: “A Victorian Supreme Court jury has awarded compensation of more than $1 million to a man exposed to asbestos nearly 40 years ago. Eric...
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Service of Process Through Facebook and Twitter – A Logical Extension of Old Law
Who knew ? An appellate court in Australia apparently blazed a trail by approving use of Facebook for service of process in a case where the defendants could not be located for traditional service of process. And, yes, that tactic apparently was suggested by young lawyers. Good for them – it is a logical extension...
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Delay, Deny, Defend on a Global Scale – Australian Insurer QBE Refuses to Pay Claims In Both the US and Australia; What’s Ahead for the EU ?
“Delay, Deny Defend.” The phrase sets out the business method for too many U.S. insurers. The phrase also is the title of an insightful and detailed book by Jay Feinman, a Distinguished Professor of Law at Rutgers. As a law professor teaching contract law in general and insurance law in particular, Professor Feinman truly knows the subject and explains well how...
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Australian Appellate Court Affirms Verdict Involving Automotive Brake Linings as a Cause of Mesothelioma – The Opinion Includes Interesting Statements About Daubert, and Biology vs. Epidemiology
It’s back to Australia. There, an important new appellate court opinion affirms a verdict for a brake mechanic who won a trial court judgment that his mesothelioma was caused by inhalation of chrysotile asbestos fibers from automotive brake linings. A popular press article is here regarding the plaintiff, John Booth. The appellate opinion is here....
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Litigation in Australia – If Your Opponent Doesn’t Settle on Time in Mass Tort Claims, Is A Press Release an Effective Tactic ?
Here is a recent press release issued by Slater & Gordon, an Australian plaintiff’s firm in asbestos litigation. The release focuses on CSR taking double the usual amount of time to settle a mesothelioma claim. Interesting tactic. One wonders if it will produce more speed in the future.
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More Bad News for James Hardie and Its Asbestos Compensation Fund
Managing legacy liabilities is never easy. For some, it can be a nightmare. Thus, James Hardie and its asbestos compensation fund took yet another hit yesterday through the loss of a tax appeal. The loss is described here in mass media in Australia. The mass media is focused on the fund’s long term survival prospects in light of the...
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Made for TV Movie Ahead Regarding Bernie Banton’s Mesothelioma Death, and the Asbestos-Related Corporate Blunders of James Hardie
Perhaps someday Australia’s James Hardie company will end up in textbooks as an example of poor handling of contingent product liability risks. For now, James Hardie’s investor relations group has a new challenge that follows after multiple other challenges. The company and corporate officers and directors already have been through major problems, including convictions of senior officials for...
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Banks in Australia Face Massive Billion Dollar Class Actions Over Excessive Fees – Litigation Funders Once Again Seem to be Making it Happen
Courtesy of a friend in Australia, note this Sydney Morning Herald article by Adele Ferguson and Michael West on huge new billion dollar class actions against banks in Australia. The class actions arise from excessive bank fees. Litigation funder IMF Australia, mentioned yesterday in this post, is once again said to be squarely behind the litigation action. Maybe...
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Litigation Funding Changing The Game to Open Access to Courts in Australia; RAND Litigation Funding Conference on May 20 and 21 in DC Area
D & O Diary reports on and links to a new NERA study of the rapidly increasing rate of securities class actions in Australia. Of note, a major factor is said to be litigation funding provided by IMF (Australia) Ltd. The IMF firm is contributing one of several excellent speakers at a May 20 and 21 RAND...