Mealey's Asbestos Bankruptcy

  • March 18, 2024

    Supplier Seeks Judgment In Asbestos Liability Case Involving Insolvent Insurer

    NEW ORLEANS — A purported supplier of asbestos-containing products moved for partial summary judgment and filed a brief in support in an asbestos liability suit against it, the Louisiana Insurance Guaranty Association (LIGA) and multiple other parties over a man’s exposure to asbestos resulting from his work at a shipyard, asserting that partial summary judgment should be granted because the purported supplier was not a “professional vendor.”

  • March 11, 2024

    Justice Stays, Severs Claims Against Insolvent Insurer In Asbestos Coverage Row

    CENTRAL ISLIP, N.Y. — A New York state court justice granted a stay and severed proceedings as to the insured of an insolvent insurer in an estate’s asbestos liability case filed against numerous parties involved in the manufacture and distribution of asbestos-containing products, finding that the claims against the other defendants may go forward without causing undue burden to the estate of the decedent.

  • March 11, 2024

    Asbestos Talc Debtors Seek To Delay Adversary Ruling Due To Ongoing Mediation

    TRENTON, N.J. — Defunct talc supplier Whittaker, Clark & Daniels Inc. (WCD) and affiliated debtors filed a stipulation on March 10 seeking entry of an agreed order by a New Jersey federal bankruptcy judge to have the judge hold off on issuing a decision on the debtors’ summary judgment motion in an adversary action for two months to allow mediation on a global resolution of all issues to continue.

  • March 07, 2024

    LTL Management Says Appellee Arguments Backing Chapter 11 Dismissal Fail

    PHILADELPHIA — A New Jersey federal bankruptcy court wrongly imposed an insolvency requirement in dismissing the second Chapter 11 case of Johnson & Johnson (J&J) spinoff LTL Management LLC, and the U.S. trustee, asbestos claimants and other appellees “do little to defend the lower court’s misunderstanding,” the debtor says in its appeal to the Third Circuit U.S. Court of Appeals of the dismissal of its second attempt to reorganize through bankruptcy.

  • March 05, 2024

    Asbestos Claimants Appeal Denial Of Chapter 11 Dismissal Directly To 4th Circuit

    CHARLOTTE, N.C. — Asbestos claimants in the joint Chapter 11 case of Ingersoll-Rand and Trane spinoffs Aldrich Pump LLC and Murray Boiler LLC have appealed a North Carolina bankruptcy court’s decision not to dismiss the case directly to the Fourth Circuit U.S. Court of Appeals.

  • February 29, 2024

    In High Court, Kaiser Insurer Says It Has Standing ‘Twice Over’ In Chapter 11 Case

    WASHINGTON, D.C. — The primary insurer of Chapter 11 asbestos debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. is obligated to pay most of the debtors’ debts and is a creditor, giving it standing to object to the debtors’ reorganization plan, the insurer tells the U.S. Supreme Court in a reply brief on the merits.

  • February 28, 2024

    Judge: Former Libby, Mont., Asbestos Clinic Director Must Sit For Deposition

    GREAT FALLS, Mont. — A federal judge in Montana overseeing an asbestos action against a railway denied two motions to quash a subpoena issued to the former director of a medical clinic in Libby, Mont., giving the parties two hours to depose the witness and circumscribing what may be asked at the deposition.

  • February 27, 2024

    4th Circuit Tosses Appeal Of Asbestos Coverage Row With S.C. Guaranty Association

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals on Feb. 26 dismissed an insurer’s appeal of a district court’s order remanding to state court a receiver’s asbestos coverage suit against insurers and the South Carolina Property and Casualty Insurance Guaranty Association, finding that the court does not have jurisdiction over the remand order.

  • February 23, 2024

    Bankruptcy Judge Again Denies Dismissal Of Georgia-Pacific Debtor’s Case

    CHARLOTTE, N.C. — The North Carolina federal bankruptcy judge in the Chapter 11 case of Georgia-Pacific spinoff Bestwall LLC issued a written decision for his denial of the two most recent motions by asbestos claimants to dismiss the case, saying most of the arguments were already decided in previous dismissal rulings and a challenge based on the debtor’s lack of financial distress fails.

  • February 22, 2024

    Whittaker, Clark & Daniels Granted More Time To File Chapter 11 Plan

    TRENTON, N.J. — A New Jersey federal bankruptcy judge has given defunct talc supplier Whittaker, Clark & Daniels Inc. (WCD) and affiliates more time to file a plan of reorganization in their Chapter 11 case, saying the extension “is in the best interests of the Debtors’ estates, their creditors, and other parties in interest.”

  • February 21, 2024

    Nash Chapter 7 Trustee Opposes Dismissal Of Fraudulent Transfer Action

    BRIDGEPORT, Conn. — In a Feb. 20 opposition to a motion to dismiss, the Chapter 7 trustee for asbestos debtor The Nash Engineering Co. says that he has standing to pursue his claims in a fraudulent transfer adversary proceeding seeking the return of more than $59 million from a holding company and its members to the debtor’s estate and that the complaint contains enough facts to survive the dismissal bid.

  • February 20, 2024

    Parties In Appeal Over Asbestos Trust Expert’s Audit Finish Briefing

    NEW ORLEANS — Parties involved in a dispute between a B-reader and a company that performed an audit that eventually led to his exclusion from an asbestos trust claim submission process briefed the Fifth Circuit U.S. Court of Appeals on whether litigation privilege precluded the suit and whether there was any link between the audit and his exclusion that would give the trial court jurisdiction.

  • February 20, 2024

    Reorganization Plan, Asbestos Trust Of Hess Unit HONX Confirmed

    HOUSTON — The Chapter 11 plan of reorganization of Hess Corp. affiliate HONX Inc., which creates a trust with up to $187 million to resolve asbestos personal injury claims, was confirmed Feb. 16 in findings of fact and conclusions of law issued jointly by a federal judge and a federal bankruptcy judge in Texas after 99% of asbestos claimants voted to accept the plan.

  • February 16, 2024

    Talc Testing Claims Not Stayed By Barretts Minerals’ Bankruptcy, Judge Rules

    HOUSTON — Claims against two affiliates of Chapter 11 debtor Barretts Minerals Inc. (BMI) involving the testing of talc for asbestos remain viable in the tort system while all other claims are stayed by the bankruptcy case, according to a joint stipulation and an order filed in an adversary action in a Texas federal bankruptcy court.

  • February 15, 2024

    Barretts Minerals Seeks More Time To File Reorganization Plan

    HOUSTON — With mediation on a plan of reorganization and “robust marketing” of assets ongoing, Chapter 11 debtor talc mining company Barretts Minerals Inc. (BMI) seeks 90 more days to file a plan and solicit votes on it from asbestos personal injury claimants in Texas federal bankruptcy court.

  • February 14, 2024

    Claims Against LIGA Tossed In Asbestos Coverage Suit Involving Insolvent Insurer

    NEW ORLEANS — A Louisiana federal judge granted summary judgment to the Louisiana Insurance Guaranty Association (LIGA) and dismissed an asbestos liability suit against it, finding that the claims for asbestos-related lung cancer against LIGA, as the statutory obligor for a now-insolvent insurer, are not covered claims.

  • February 13, 2024

    Hospital Says Burden, Third-Party Status Warranted Quashing Asbestos Subpoena

    RICHMOND, Va. — Third-party subpoenas fall under a higher standard that an asbestos defendant cannot meet given the evidence’s marginal relationship to the case, a hospital told the Fourth Circuit U.S. Court of Appeals on Feb. 12, also arguing that the burden that disclosing anonymous study participants would impose supports a trial court’s decision to quash the subpoena.

  • February 08, 2024

    Dismissal Granted In Asbestos Liability Case Involving Guaranty Association

    NEW ORLEANS — A Louisiana federal judge on Feb. 7 granted a motion for voluntary dismissal of a man’s claim that he was exposed to asbestos through contact with a specific worker at a shipyard but keeping other claims regarding exposure against the shipyard, related parties, multiple insurers and the Louisiana Insurance Guaranty Association (LIGA).

  • February 07, 2024

    4th Circuit Defers Ruling On Sanctions In Asbestos Case Referral Appeal

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals will defer any ruling on a separate motion for sanctions pending review of the merits of an appeal involving whether a trial court properly imposed sanctions for conduct in an asbestos bankruptcy trust referral fee dispute.

  • February 07, 2024

    5th Circuit Grants Summary Reversal Of Longshore Asbestos Case

    NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals granted a joint motion for summary reversal in a Longshore Harbor Workers’ Compensation Act (LHWCA) preemption “twilight zone” asbestos case.

  • February 05, 2024

    Rail Company Defends Need For Testimony Of Former Libby, Mont., Clinic Director

    GREAT FALLS, Mont. — A railway tells a federal judge in Montana in opposition to a motion to quash the railway’s subpoena that trial preservation testimony is the best way to secure potentially admissible evidence from an asbestos clinic’s former medical director and that his status as a former employee doesn’t matter since he can testify about how a clinic patient described her exposures to asbestos.

  • February 02, 2024

    1st Circuit Agrees To Decide, Expedites Widow’s Asbestos Damages Case

    BOSTON — The First Circuit U.S. Court of Appeals denied a motion to dismiss an appeal over the types of damages available in an asbestos maritime case and, in addressing a motion to expedite, gave the appellee 30 days to file a response to a widow’s pre-filed opening brief.

  • February 02, 2024

    Talc Debtors Imerys, Cyprus Mines Propose Joint Trust To Resolve Asbestos Claims

    WILMINGTON, Del. — The reorganizations of Chapter 11 debtors Imerys Talc America Inc. and Cyprus Mines Corp. will result in a joint trust containing more than $850 million to pay asbestos personal injury claims, according to separate reorganization plans and disclosure statements the debtors filed in Delaware federal bankruptcy court.

  • February 01, 2024

    W.R. Grace Insurer, Former Employees Resolve Dispute Over Asbestos Payments

    GREAT FALLS, Mont. — A W.R. Grace & Co. insurer and former workers resolved two cases accusing the insurer of profiting from the “float” created when it delays asbestos-related payments for which it was liable.

  • February 01, 2024

    Paint Manufacturer Halts Operations, Citing Years Of Asbestos Litigation

    IRVING, Texas — A paint manufacturing company closed its 157 retail stores, furloughed all 700 employees and announced that it is ceasing operations, due in part to its historical litigation for thousands of asbestos personal injury claims.