Claims Administration
LTL Chapter 11 Bankruptcy Update for Talc Litigation

LTL Chapter 11 Bankruptcy Update for Talc Litigation

On Friday, July 28, U.S. Bankruptcy Judge Michael Kaplan of the U.S. Bankruptcy Court for the District of New Jersey dismissed the Chapter 11 case filed by Johnson & Johnson’s talc unit, LTL Management LLC, stating that the debtor did not meet the requirements...

$224M J&J Talc Litigation Verdict Overturned

$224M J&J Talc Litigation Verdict Overturned

On October 4, 2023, the three-judge Appellate Division of the Superior Court of New Jersey threw out a $223.8 million verdict against Johnson and Johnson (J&J), finding that the science relied on by the plaintiffs was not sound.  The 2020 verdict was originally...

Liability Forecasting: Vital for Mass Tort Settlements

Liability Forecasting: Vital for Mass Tort Settlements

Liability forecasting plays an important role in mass tort settlements. One effect of the four-decades-long asbestos litigation is that defendants in mass tort cases often create large settlement trusts through which they compensate current and future claimants for...

Leveraging Data to Negotiate Stronger Mass Tort Settlements

Leveraging Data to Negotiate Stronger Mass Tort Settlements

As with the other cases they litigate, plaintiffs’ attorneys will enter mass tort settlement negotiations in a case determined to secure maximum compensation for their injured clients. But mass tort cases, for a number of reasons, are more complex to litigate and...

High Reliability Organizations and Law Firms

High Reliability Organizations and Law Firms

High Reliability Organizations (“HRO”) are institutions that operate in complex, hazardous environments, making few mistakes (i.e., medical errors, air traffic errors) over long periods of time. HROs have existed since the 1980s in the aircraft carrier, air traffic...

Successful Claimant Engagement with Mass Tort Clients

Successful Claimant Engagement with Mass Tort Clients

We recently explained how mass tort law firms can fix their claimant engagement struggles by taking a relationship-based approach to the process. In that post, we suggested firms can avoid these struggles by regularly and proactively communicating with their clients...

The Use of Analytics in Settlements of Complex Litigation

The Use of Analytics in Settlements of Complex Litigation

[vc_row][vc_column][vc_column_text]Settlement negotiations in complex litigation take time, persistence and ultimately, leverage—the kind that comes from good data. In fact, data has significantly changed the way settlements are being negotiated in class action and...

What to Expect from Your Claims Administrator

What to Expect from Your Claims Administrator

A good third party administrator is an important player in your plan to bring a settlement to closure as quickly and efficiently as possible. I would like to pass along some observations I’ve made about the role of a third party administrator based on my thirty-five...