Parent company liability for asbestos claims: some international insights

Legal Studies ◽  
2011 ◽  
Vol 31 (4) ◽  
pp. 547-569 ◽  
Author(s):  
Helen Anderson
Keyword(s):  
Advisory Committee ◽  
Group Structure ◽  
Limited Liability ◽  
Parent Company ◽  
Personal Injury ◽  
Long Tail ◽  
Corporate Group ◽  
Special Commission ◽  
The World ◽  
A Company

Throughout the world, the corporate group structure has long proved troublesome to the creditors, and particularly the tort creditors, of undercapitalised subsidiary companies. In the wake of Australia's James Hardie asbestos compensation inquiry, Senior Counsel assisting the Jackson Special Commission, Mr John Sheahan QC, called for the Commission to ‘recommend reform of the Corporations Act so as to restrict the application of the limited liability principle as regards liability for damages for personal injury or death caused by a company that is part of a corporate group...’. Following this call, in May 2008 the Corporations and Markets Advisory Committee released a report on long-tail liabilities, making various recommendations for reform. Separately, legislation was passed making pooling available for insolvent group companies in Australia. This paper examines the long-tail liability suggestions and the 2007 pooling amendments. It will be argued that neither of these is adequate for the proper protection of tort creditors of insolvent subsidiaries. It then considers international alternatives which might satisfy Mr Sheahan's appeal for reform.

3. Lifting the veil

2016 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Limited Liability ◽  
Parent Company ◽  
Personal Injury ◽  
Costs And Benefits ◽  
Corporate Group ◽  
The Core ◽  
The Subject ◽  
The Veil ◽  
Group Structures ◽  
Corporate Personality

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Creasey v Breachwood Motors Ltd (1993), Ord v Belhaven Pubs Ltd (1998), and Trustor AB v Smallbone (No 2) (2001). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

3. Lifting the veil

2018 ◽  
Author(s):  
Alan Dignam ◽  
John Lowry
Keyword(s):  
Limited Liability ◽  
Parent Company ◽  
Personal Injury ◽  
Costs And Benefits ◽  
Corporate Group ◽  
The Core ◽  
The Subject ◽  
The Veil ◽  
Group Structures ◽  
Corporate Personality

Titles in the Core Text series take the reader straight to the heart of the subject, providing focused, concise, and reliable guides for students at all levels. This chapter discusses ‘lifting the veil’, a phrase that refers to situations where the judiciary or the legislature have decided that the separation of corporate personality from the members must not be maintained. In this case, the veil of incorporation is said to be lifted. ‘Lifting’ is also known as ‘peeping’, ‘penetrating’, ‘piercing’, or ‘parting’. The chapter presents statutory examples of veil lifting, many of which involve corporate group structures and others involve straightforward shareholder limitation of liability issues. It also considers cases of veil lifting by the courts as well as classical veil lifting during the periods of 1897 to 1966, 1966 to 1989, and 1989 to the present. Three cases are highlighted: Adams v Cape Industries (1990), Chandler v Cape Plc (2012), and Prest v Petrodel Industries Ltd (2013). The chapter also examines claims of tortious liability, the liability of a parent company for personal injury, and commercial tort. Finally, it looks at the costs and benefits of limited liability.

A Study of Information Technology in Airlines

2020 ◽  
pp. 345-353
Author(s):  
Punyaslok Sarkar ◽  
Debasish Dutta
Keyword(s):  
Information Technology ◽  
The World ◽  
A Company

This is a study of information technology within a company and how it works and its structure. In this case, it’s a airlines company called Air India and how IT helps in running the different flights around the world.

Review of form 483s and warning letters to pharmaceutical manufacturers issued by USFDA

2021 ◽  
pp. 174113432110235
Author(s):  
Chandan Saini ◽  
Ashish Miglani ◽  
Pankaj Musyuni ◽  
Geeta Aggarwal
Keyword(s):  
Public Health ◽  
United States ◽  
Regulatory Authority ◽  
The United States ◽  
Federal Law ◽  
Pharmaceutical Manufacturers ◽  
The World ◽  
Considerable Impact ◽  
A Company ◽  
Responsible Person

Regular inspections are carried out to ensure system conformity by the Food and Drugs Regulatory Authority (FDA) of the United States one of the most stringent regulatory authorities in the world. The inspectors send Form 483 to the management after the inspection, detailing the inappropriate conditions. Because the FDA guidelines are difficult to comply with, a company can contravene the regulations. If any significant infringements can affect the protection, quality, effectiveness, or public health of the drug is identified, the FDA issues advice to the company. Warning Letters (WL) shall be an official notification of non-compliance with federal law within a period to be issued by manufacturer, clinician, distributor, or responsible person in the company. The delivery of a letter has a considerable impact on the company's reputation and position in the market. Inadequate WL reactions could lead to a refusal, import denial, memorandum or even conviction and order. A brief study was conducted in this document of Form 483 and WL for four years (2017–2020) on an understanding the regulatory provisions.

Effectiveness of clauses restricting equity transfer in articles of association of limited liability companies using fuzzy AHP: A data analysis of related cases in China from 2010 to 20191

2021 ◽  
pp. 1-12
Author(s):  
Peng Chen ◽  
Yingzhi Nie
Keyword(s):  
Fuzzy Ahp ◽  
Limited Liability ◽  
Limited Liability Company ◽  
Analytic Hierarchy ◽  
Legal Norms ◽  
The Past ◽  
Analytic Hierarchical Process ◽  
Closed Characteristics ◽  
A Company ◽  
External Equity

Based on the company cases published in China over the past ten years, both theoretical methods and Artificial intelligence technologies were applied to analysis cases data on the effectiveness of clauses restricting equity transfer in articles of association of limited liability companies (LLCs). With its unique characters based on shareholders and strong vitality, limited liability company (LLC), as the “evergreen tree” among the market players, is a company form adopted by many investors. Nevertheless, due to its prominent closed characteristics, equity transfer has become a bottleneck for the development of LLCs. According to this paper, it is necessary to distinguish between the effectiveness of clauses restricting internal and external equity transfer in articles of association of LLCs. Fuzzy Analytic Hierarchical Process (AHP) is utilized for which involves process of analytic hierarchy modelled with utilizing theory of fuzzy logic. Moreover, instead of being confined to the existing legal norms, the judgment standard of clauses restricting equity transfer in articles of association of LLCs should be comprehensively measured by the golden rules, i.e. “fairness”, “autonomy” and “operability”.

National Judges and Judges Ad Hoc of the International Court of Justice

1999 ◽  
Vol 48 (4) ◽  
pp. 889-900 ◽  
Author(s):  
Stephen M. Schwebel
Keyword(s):  
Advisory Committee ◽  
Ad Hoc ◽  
Fundamental Problem ◽  
International Justice ◽  
State Party ◽  
International Court Of Justice ◽  
International Courts ◽  
Court Of Justice ◽  
International Court ◽  
The World

When the Statute of the Permanent Court of International Justice was drafted by an Advisory Committee of Jurists in 1920, a paramount question was, should a judge of the nationality of a State party to the case sit?The sensitivity of the issue was encapsulated by a report of a committee of the Court in 1927 on the occasion of a revision of the Rules of Court. It observed that: “In the attempt to establish international courts of justice, the fundamental problem always has been, and probably always will be, that of the representation of the litigants in the constitution of the tribunal. Of all influences to which men are subject, none is more powerful, more pervasive, or more subtle, than the tie of allegiance that binds them to the land of their homes and kindred and to the great sources of the honours and preferments for which they are so ready to spend their fortunes and to risk their lives. This fact, known to all the world, the [Court's] Statute frankly recognises and deals with.”1

scholarly journals Do Callable Convertibles Support The Investment Process Of A Company? An Analysis Of The World Market Of Hybrid Debt

2017 ◽  
Vol 20 (2) ◽  
pp. 5-19
Author(s):  
Damian Kaźmierczak
Keyword(s):  
United States ◽  
The United States ◽  
World Market ◽  
Convertible Bonds ◽  
Investment Projects ◽  
Service Companies ◽  
The World ◽  
Investment Process ◽  
A Company

Using a sample of 1,705 convertible bonds issued by manufacturing and service companies from the United States (1,138 issues); Europe (270); and Asia (297) between 2004 and 2014 this paper investigates the role of callable convertibles in the corporate investment process. This research shows first that callable convertibles are used to finance investment projects particularly by American firms which may exercise new investment options to improve poor financial performance. Secondly, the same strategy may be followed by European companies, but they seem not to carry out investments on as large a scale as American firms. Thirdly, the research results do not provide evidence that Asian enterprises use callable convertibles for investment purposes: they likely use these instruments for different reasons.

Return to Sepharad. Is it possible to heal an ancient wound?

SETTING ◽  
2020 ◽  
pp. 105-118
Author(s):  
Miguel Angel Gonzales Torres
Keyword(s):  
Identity Formation ◽  
Group Structure ◽  
Emotional Reactions ◽  
Whole Process ◽  
Group Violence ◽  
The World ◽  
Political Choices ◽  
General Movement ◽  
Large Groups ◽  
Identity Problems

The spanish government has issued a new law offering spanish nationality to sephardic jews around the world fulfilling some characteristics. This legal movement tries to undo the decree of expulsion of spanish jews in 1492. It has been received with a surprising lack of any significant debate (for or against the law) in Spain. The presentation explores this topic, addressing the emotional reactions towards this in spanish population using materials form a focus group qualitative study and also touches upon the identity problems exposed by the new law and the mechanisms of denial, guilt, reparation, displacement, reactive formation, etc. accompanying the whole process. Events in the distant past, often of a traumatic quality may contribute intensely to the construction of national identity. The healing of old wounds, if possible, might shake our large group structure and lead us to confront a complex reality and to a creative process of new identity formation. A deeper exploration of this situation might also help us to understand better the complex identity problems in many large groups around the world today, linked sometimes to group violence and war and to a general movement towards nationalist and isolationist political choices.

scholarly journals The 2016 Vaccine Development Pipeline: A special issue from the World Health Organization Product Development for Vaccine Advisory Committee (PDVAC)

Vaccine ◽  
2016 ◽  
Vol 34 (26) ◽  
pp. 2863-2864 ◽  
Author(s):  
Birgitte K. Giersing ◽  
Kayvon Modjarrad ◽  
David C. Kaslow ◽  
Jean-Marie Okwo-Bele ◽  
Vasee S. Moorthy
Keyword(s):  
Product Development ◽  
World Health Organization ◽  
Advisory Committee ◽  
Vaccine Development ◽  
World Health ◽  
Special Issue ◽  
The World ◽  
Development Pipeline ◽  
Health Organization

Mining, Toxics, and Environmental Justice for the Anishinaabe

2017 ◽  
Author(s):  
Nancy Langston
Keyword(s):  
Environmental Justice ◽  
Lake Superior ◽  
Indigenous Communities ◽  
Open Pit Mine ◽  
Open Pit ◽  
Contaminated Water ◽  
Mine Site ◽  
The World ◽  
Iron Mining ◽  
A Company

In 2011, a company named Gogebic Taconite (GTAC) formed in order to develop the largest open-pit mine in the world—just upstream of the Bad River Band’s reservation on Lake Superior. Owned by Cline Resources Development (a company largely focused on coal), GTAC announced that, even without experience in iron mining, it would mine and process Wisconsin’s taconite ore body to take advantage of Asia’s building and steel commodities boom. The mine would have been sited just upstream of the reservation boundary, and the waters flowing out of the mine site would have contaminated water, fish, and Indigenous communities living downstream. After a multi-year battle, the tribe managed to stop the mine.

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