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Dissolved Corporations in Delaware Retain Immortality and Liability

The Supreme Court of Delaware recently ruled that asbestos claimants can pursue their personal injury claims against dissolved corporations if the dissolved corporations have undistributed “property,” including unexhausted...more

Environmental Liability of Dissolved Corporations in Delaware is Forever

Ever since the Supreme Court’s decision in Citizen’s United, an effort has been made to humanize corporations, culminating in Mitt Romney’s infamous pronouncement that “Corporations are people my friend.” Now it turns out...more

Oklahoma Supreme Court Declares Comprehensive Lawsuit Reform Act Of 2009 Unconstitutional

The Oklahoma legislature enacted the Comprehensive Lawsuit Reform Act of 2009, or H.B. 1603, to limit corporate liability for personal injury by curbing the availability of class actions and limiting product liability cases....more

Weekly Law Resume - May 23, 2013: Insurers May Exercise the Attorney-Client Privilege On Behalf of Dissolved Corporate Insured

Mary Melendrez et al., v. Superior Court of the State of California, County of Los Angeles - COURT OF APPEAL, SECOND APPELLATE DISTRICT (April 30, 2013) - Petitioners and Plaintiffs Mary Melendrez, individually and...more

California Supreme Court Holds Survival Statute Does Not Apply to Out-Of-State Corporations

The California Supreme Court recently held that the state’s statute governing wind-up and survival of dissolved corporations does not apply to out-of-state corporations. (Greb v. Diamond Int’l Corp., S183365, 2013 WL 628328...more

California Supreme Court Holds Suits Against Dissolved Foreign Corporations Subject to Survival Statutes of State of Incorporation

Greb v. Diamond International Corp., __ Cal.4th __, __ Cal. Rptr.4th __ (February 21, 2013) In a victory for liability insurers against the asbestos plaintiffs’ bar, the California Supreme Court ruled in Greb v. Diamond...more

Asbestos Alert: Supreme Court Clarifies When Dissolved Corporations May Be Sued Greb v Diamond International Corp...

Dissolved corporations are frequently sued after their dissolution has taken place in an effort to reach insurance policy coverage for the claim being made. California has a statute, Corporation Code §2010, which does not...more

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more

Asbestos Alert: Corporations Formed Other than in California Which Have Dissolved May Be Able to Win Summary Judgment in...

Robinson v. SSW, Inc. California Court of Appeal, First District (September 21, 2012) Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more

Extent of Non-Debtor Parent Exposure Under Channeling Injunctions

Originally published in New York Law Journal - Volume 247—NO. 85, Thursday, May 3, 2012. On April 10, 2012, the U.S. Court of Appeals for the Second Circuit in In re Quigley issued an opinion adopting a narrow...more

Alien Tort Statute Development

Since we blogged about the Supreme Court’s certiorari grant in Kiobel v. Royal Dutch Petroleum, 10-1491, we figured we owe our readers an update about a significant status change. As we mentioned before, the Court...more

Foreign Corporation's Mere Awareness That Its Products May Ultimately End Up In a Forum State Is Not Sufficient Contact to Support...

In Dow Chemical Canada ULC v. Superior Court, 2011 WL 6382110 (Cal. App. 2d Dist. Dec. 21, 2011), the California Court of Appeal, Second District, held that “plac[ing] products into the stream of commerce in a foreign country...more

California Courts Cannot Force Out-of-Town Employees to Travel to California Depositions

In an important ruling for corporations sued in California, the Second Appellate District of the California Court of Appeal in Toyota Motor Corporation v. Superior Court (July 27, 2011) No. B225393, held under Code of Civil...more

Judge Corporate-Funded Studies on Their Merits

During the past decade, the drumbeat against corporate-funded science has sounded in major journals, books and the news media. The backlash against this research has seeped into the judicial system, appearing to influence...more

Limiting Personal Jurisdiction Over Foreign Entities

Law360, New York (July 12, 2011) -- On June 27, 2011, the U.S. Supreme Court issued two landmark decisions limiting the assertion of personal jurisdiction over foreign manufacturers for products liability claims involving...more

Top 10 Pointers for Dealing With a Corporate Representative Deposition Notice in a Product Liability Case

A well-worded, targeted corporate representative deposition notice garners the attention of even the most experienced in-house product liability counsel. If not approached vigilantly, a response to the corporate...more

Managing Supply-Chain Risks Post Goodyear, McIntyre

Originally published in Law360, New York (July 18, 2011). On June 27, 2011, the United States Supreme Court announced two decisions that clarify and limit the ability of plaintiffs, including corporate plaintiffs, to...more

Experts Offering Evidence of Corporate Intent, Ethics, And The Like

Returning from the ALI meeting, Bexis had sitting in his inbox the final hard copies of update 14 for his Drug/Device products liability book. For those of you that use Bexis' book, that means there's more to use, but for...more

Third Party "Alter Ego" Subpoena Quashed

The U.S. District Court for the District of Nevada quashed a third party subpoena on a bank because the subpoena was overbroad. Plaintiffs sued a series of individuals and corporate entities for construction defects, fraud...more

How Top Clients Select Litigation Lawyers

It was the opening subject of the IBA's Managing Complex Litigation conference, held recently in Washington DC, where counsel from companies including GE, 3M and Ernst & Young exchanged notes on how they choose external...more

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