Loss portfolio transfers are reinsurance contracts where a self-insured organization or an insurer typically cedes legacy liabilities to a reinsurer. The reinsurer assumes and accepts the ceding entity’s current and future claim liabilities, including the loss...
Mark Eveland
Four Ways the Texas Two-Step Changes How Plaintiffs Litigate Mass Torts
By enabling defendants to shield themselves from mass tort liability, the “Texas Two-Step” is a new obstacle for plaintiffs pursuing mass tort cases against manufacturers of dangerous products. For the uninitiated, the Texas Two-Step is a bankruptcy process in which a...
Debunking Four Misconceptions About Mass Tort Litigation Support
When lawyers first begin to represent clients in mass tort cases, grow the number of mass tort cases they’re involved in, or increase the number of mass tort clients they represent, they often come to a stark realization. To effectively—and ethically—represent their...
As Asbestos Litigation Continues to Grow, Companies Need to Revisit Forecasts
Manufacturers and distributors of products containing asbestos, as well as the contracting firms whose tradesmen worked with materials containing the now-known carcinogen, may be at financial risk more than previously thought. The original financial risk models that...
Mass Tort and Class Action Outlook for 2021
As we move into 2021, it is helpful to assess the current state of mass torts and class action and think about how these matters may develop over the course of the year. Despite the impact of the COVID pandemic, some matters are picking up momentum, some long-standing...
COVID-19’s Impact on The Mass Tort Landscape: What to Consider
When the courts closed in March 2020 due to COVID-19, few would have foreseen the impact on so many aspects of the mass tort landscape. Judges, attorneys, defendants, and plaintiffs alike are all feeling the ripple effects of a system that was paralyzed for nearly...
Litigation Update: 3M Awaits Decision on Attorney-Client Privilege Question
There have been several new developments in the 3M Combat Arms Earplugs litigation—one of the largest consumer mass torts ever. 3M has filed a motion in Phoenix Federal Court requesting the judge to render a decision in response to its request to force Top Class...
2020 Mid Year Update: Mass Tort and Class Action Litigation Outlook
While many courtrooms across the country were closed in response to the COVID-19 pandemic, there are several mass torts that continued making significant progress despite the legal hiatus. Two of these were cited in our 2020 forecast: JUUL The JUUL MDL (Northern...
Data Tells Many Stories Behind the COVID-19 Impact on Nursing Homes
Data Analysis by: Robert Koehl, Verus' Analytics Manager and Jose Thomas, Verus' Senior Statistician The news is filled every day with pandemic-related statistics: number of new cases, number of deaths, number of recoveries and so on. But what’s the real story behind...
How Will J&J’s Move to Discontinue Baby Powder Sales Impact Its Ongoing Talc Litigation Now?
On May 19, 2020, Johnson & Johnson announced it is discontinuing North American sales of its talc-based baby powder, a product it has defended for decades in the face of lawsuits filed by consumers who say it caused cancer. This move likely would not have happened...