Mealey's Asbestos Bankruptcy

  • May 23, 2022

    Judge Won’t Block Amended Complaint In Asbestos Bankruptcy Trust Auditor Case

    JACKSON, Miss. — A federal judge in Mississippi on May 5 rejected an objection to a magistrate judge’s ruling allowing a doctor to add a claim against an asbestos trust auditing company, saying that while reasonable minds could differ on the good cause behind an unexplained and untimely amended complaint, nothing in the ruling evidences an abuse of discretion.

  • May 20, 2022

    Estimation Proceeding Planned For Spinoffs Of Ingersoll-Rand, Trane

    CHARLOTTE, N.C. — The North Carolina federal bankruptcy judge overseeing the Chapter 11 case of two business units created in corporate restructurings of Ingersoll-Rand Co. and Trane U.S. Inc. on May 10 gave the debtors and asbestos claimants more time to come up with a case management order (CMO) for the court’s recently approved proceeding to estimate the debtors’ prepetition asbestos liabilities.

  • May 18, 2022

    Railway: Evidence Shows Libby Asbestos Screener Submitted False Medicare Claims

    MISSOULA, Mont. — A Libby, Mont., screening company’s submission of Medicare coverage claims under a special asbestos-related disease provision of the Patient Protection and Affordable Care Act (ACA) without the required diagnosis from a medical professional constitutes the submission of false claims, a railway tells a federal judge in Montana May 9 in opposing summary judgment.

  • May 18, 2022

    Class Claims J&J Knew Of Asbestos In Talc, Withheld And Destroyed Evidence

    TRENTON, N.J. — Johnson & Johnson (J&J) induced thousands of plaintiffs to dismiss their industrial talc lawsuits by withholding evidence and claiming that there was no asbestos contamination, despite knowing as early as the 1970s from testing and experts that such contamination existed, a May 9 New Jersey Superior Court class action lawsuit alleges.

  • May 18, 2022

    Securities Plaintiff Appeals Stay Extension In Chapter 11 Case Of J&J Debtor

    TRENTON, N.J. — The lead plaintiff in a securities class action against Johnson & Johnson (J&J) and its officers on May 13 appealed a New Jersey federal bankruptcy judge’s ruling that the automatic stay in the Chapter 11 bankruptcy of J&J spinoff LTL Management LLC applies to the securities case.

  • May 17, 2022

    California High Court Agrees To Review Policy Exhaustion Issue In Asbestos Suit

    SAN FRANCISCO — The California Supreme Court on April 13 granted an primary insurer’s petition for review in a long-standing asbestos insurance coverage dispute, agreeing to review the question of whether horizontal or vertical exhaustion should be applied when allocating the insurer’s claim for equitable contribution.

  • May 16, 2022

    3rd Circuit Allows Direct Appeals Of Orders In J&J Unit’s Asbestos Bankruptcy

    PHILADELPHIA — The Third Circuit U.S. Court of Appeals on May 11 granted four petitions filed by asbestos-talc claimants for direct appeals of bankruptcy court orders denying dismissal of the Chapter 11 case of Johnson & Johnson (J&J) spinoff LTL Management LLC and extending the protection of the automatic stay to J&J and other nondebtor entities.

  • May 12, 2022

    Reinsurers Report Insurer’s Asbestos Liability Agreement, Seek Declaratory Judgment

    Asserting that National Indemnity Co. (NICO) recently entered into an agreement with Montana to settle its potential liability to the state for claims related to alleged asbestos exposure to milling and mining operations in the Libby, Mont., area between July 1973 and July 1975, Global Reinsurance Corporation of America and R&Q Reinsurance Co. on May 10 filed similar suits in Pennsylvania and New York federal courts seeking declarations regarding their rights and obligations under facultative reinsurance certificates that their predecessors-in-interest issued to NICO.

  • May 11, 2022

    Montana Judge Quashes BNSF’s Duplicative Subpoena, Sanctions Railway

    MISSOULA, Mont. — A railway’s subpoena to a third-party law firm seeks evidence previously produced by a party to the False Claims Act lawsuit, and the 10-day deadline for producing more than a decade worth of communications constitutes an undue burden, a federal judge in Montana said in quashing the subpoena May 6 and imposing sanctions on the railway.

  • May 09, 2022

    J&J Unit: Direct Appeals Not Needed For Denial Of Dismissal Of Bankruptcy Case

    TRENTON, N.J. — The Third Circuit U.S. Court of Appeals should deny four petitions seeking direct appeal of bankruptcy court orders denying dismissal of the Chapter 11 case of Johnson & Johnson (J&J) spinoff LTL Management LLC and extending the protection of the automatic stay to J&J and other nondebtor entities because there is no issue of public importance nor unsettled questions of law, the debtor says in its April 26 consolidated answer to the petitions.

  • May 06, 2022

    U.S., Railway Battle Over Privacy In Libby, Mont., Asbestos-Screening Lawsuit

    MISSOULA, Mont. — The United States on April 21 told a judge that federal law protects private Medicare and Social Security information and argued that the information would become relevant to a railway’s case against a Libby, Mont., asbestos screening company only in the event that the court awarded damages.  But in an April 28 reply in support of its second motion to compel, the railway said any privacy issues can be remedied by subjecting the relevant evidence to an existing protective order.

  • May 06, 2022

    Asbestos Claimants Overruled, J&J Unit Granted Extension To File Bankruptcy Plan

    TRENTON, N.J. — A New Jersey federal bankruptcy judge in a May 4 minute order approved a request by Johnson & Johnson (J&J) spinoff and Chapter 11 debtor LTL Management LLC for more time to file a plan of reorganization, over the objection of a committee of asbestos-talc claimants who had sought to file their own plan for the debtor.

  • May 05, 2022

    Judge Gives Final OK To $10M Honeywell Asbestos Securities Settlement

    TRENTON, N.J. — A federal judge in New Jersey on May 3 granted final approval of a $10 million class action settlement for claims that Honeywell International Inc. used a five-year reporting window in an effort to avoid disclosing more than $1 billion in asbestos liabilities.

  • May 05, 2022

    Bankruptcy Trust Auditor Says Lack Of Diligence Dooms Amended Claim

    JACKSON, Miss. — A magistrate judge improperly permitted an untimely amendment to an asbestos screening doctor’s action after finding a lack of diligence on the plaintiff’s part, a fatal finding that even the plaintiff concedes by not opposing an objection to the order, a consulting company tells a federal court in Mississippi in a May 2 reply.

  • May 03, 2022

    Judge Blocks Securities Class Action To Protect Chapter 11 Case Of J&J Debtor

    TRENTON, N.J. — A New Jersey federal bankruptcy judge on April 29 halted a securities class action against Johnson & Johnson (J&J) and its officers after giving “significant weight to the harms that could befall” J&J spinoff LTL Management LLC in its Chapter 11 case.

  • May 03, 2022

    Insurers Can Weigh In On Attorney Name Redactions In Asbestos Trust Row

    PITTSBURGH — A Pennsylvania federal bankruptcy judge on April 29 allowed four insurers to intervene to help resolve a request by asbestos claimants’ representatives to redact the names of law firms and attorneys who filed claims with an asbestos trust in a dispute over how the trust is being managed.

  • May 02, 2022

    Former Hess Refinery Operator Files Chapter 11 Petition Due To Asbestos Claims

    HOUSTON — A subsidiary of Hess Corp. filed a Chapter 11 petition in Texas federal bankruptcy court April 28 looking to establish a trust to resolve asbestos and other toxic tort claims stemming from its operation of an oil refinery in St. Croix, U.S. Virgin Islands.

  • April 29, 2022

    Trustee Says Officers Of Asbestos Debtor Nash Breached Duties, Wasted Assets

    BRIDGEPORT, Conn. — The Chapter 7 trustee of the bankruptcy estate of asbestos debtor The Nash Engineering Co. asked a Connecticut federal bankruptcy judge on March 19 for permission to serve a demand letter on the company’s officers and their insurer to notify them that he intends to pursue claims against them for breach of fiduciary duties and waste of the debtor’s assets.

  • April 29, 2022

    Despite Discovery Delays, Magistrate Judge Won’t Sanction Asbestos Trust Doctor

    JACKSON, Miss. — A federal magistrate judge on April 7 declined to award sanctions for an asbestos screener’s failure to timely produce documents in his suit against an asbestos bankruptcy trust auditor, saying that while the reasons for delay were not compelling, there was no real prejudice.

  • April 28, 2022

    Bankruptcy Trust Screening Doctor Won’t Oppose Appeal Of Amended Complaint Ruling

    JACKSON, Miss. — A B-reader told a federal judge in Mississippi on April 25 that he would not be filing a response to a bankruptcy trust audit company’s objection to and appeal of a magistrate judge’s order allowing him to amend his complaint.