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Mealey's Asbestos Bankruptcy

  • June 21, 2019

    Fraser’s Insurers Battle Over Reopening State Court Contribution Action

    TACOMA, Wash. — A group of insurers of Chapter 11 asbestos debtor Fraser’s Boiler Service Inc. who are awaiting a decision from the Ninth Circuit U.S. Court of Appeals on whether their settlement with the debtor is valid on June 19 objected to a bid by a nonsettling insurer to allow state court contribution claims against the settling insurers to continue, calling the effort misguided and premature (In re:  Fraser’s Boiler Service, Inc., No. 18-41245, W.D. Wash. Bkcy.).

  • June 18, 2019

    Trustee Says Recent Imerys Findings Bolster His Stance In Duro Dyne Appeal

    TRENTON, N.J. — A Delaware federal bankruptcy court’s recent decision appointing a future claimants’ representative (FCR) in the asbestos Chapter 11 case of Imerys Talc America supports arguments that the FCR appointment for Duro Dyne National Corp. was done improperly, the U.S. trustee says in a May 21 letter in his New Jersey federal court appeal of the Duro Dyne FCR appointment (Andrew R. Vara v. Duro Dyne National Corp., et al., No. 3:18-cv-15563, D. N.J.).

  • June 17, 2019

    U.S. Trustee Objects To Latest Version Of Duro Dyne’s Plan

    TRENTON, N.J. — The newly revised plan of reorganization for Chapter 11 asbestos debtor Duro Dyne National Corp. still cannot be confirmed because the company failed to modify the plan as a New Jersey federal bankruptcy judge directed, the U.S. trustee says in a June 11 objection to the plan (In re:  Duro Dyne National Corp., et al., No. 18-27963, D. N.J. Bkcy.).

  • June 13, 2019

    Pipeline Appeals Mooted By Trump’s Issuance Of Permit, 9th Circuit Rules

    SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on June 6 dismissed appeals of a judge’s decision to halt work on the Keystone XL Pipeline due in part to threats to Native Americans’ land and water, ruling that the challenges are now moot because President Donald Trump issued a new permit allowing pipeline construction to continue (Indigenous Environmental Network, et al. v. U.S. Department of State, et al., Nos. 18-36068, 18-36069, 19-35036, 19-35064, 19-35099, 9th Cir., 2019 U.S. App. LEXIS 17095).

  • June 11, 2019

    Johnson & Johnson Losing Its Fight To Transfer Cases, Tort Claimants Tell Court

    WILMINGTON, Del. — Two companies’ attempt to corral 2,400 state court talc and asbestos actions into Delaware federal bankruptcy court based on the Chapter 11 filing of their main talc supplier, Imerys Talc America Inc., has resulted in 346 cases that they removed in anticipation of the transfer being remanded back to the state courts, the Official Committee of Tort Claimants tells a Delaware federal judge in a June 6 letter to supplement the record (In re:  Imerys Talc America, Inc., et al., No. 1:19-mc-00103, D. Del.).

  • June 11, 2019

    Maremont’s Plan Confirmed, Faces Final Hurdle In District Court

    WILMINGTON, Del. — A Delaware federal bankruptcy court on May 28 sent the newly confirmed prepackaged plan of reorganization for Chapter 11 debtor Maremont Corp. to federal district court for final approval (In re:  Maremont Corporation, et al., No. 19-10118, D. Del. Bkcy., 2019 Bankr. LEXIS 1742).

  • June 10, 2019

    Judge Rejects J&J’s Bankruptcy Logic, Remands 2-Year-Old Asbestos-Talc Case

    BOSTON — A federal judge in Massachusetts on June 5 said she “strongly questions” whether an asbestos-talc case against Johnson & Johnson more than remotely relates to its talc-supplier’s bankruptcy and concluded that equity issues, including a quicker timeline to trial and the existence of state law claims, require granting an emergency motion to remand the two-year-old action (Lorraine O’Riorden v. Johnson & Johnson, et al., No. 19-751, D. Mass., 2019 U.S. Dist. LEXIS 93865).

  • June 7, 2019

    Federal Judge In New York Remands J&J Asbestos-Talc Cases

    NEW YORK — Nothing in a talc supplier’s bankruptcy warrants keeping 27 asbestos-talc cases against Johnson & Johnson in federal court, a judge in New York said in remanding the actions June 4 (In re: Various removed state court actions against, inter alia, Johnson & Johnson (State Court Talc Actions), No. 19-3530, S.D. N.Y., 2019 U.S. Dist. LEXIS 95445).

  • June 5, 2019

    Bankruptcy Judge Approves Talc Company’s Choice For Future Claimants’ Rep

    WILMINGTON, Del. — A Delaware federal bankruptcy judge on June 3 appointed Chapter 11 asbestos debtor Imerys Talc America Inc.’s proposed candidate for future claimants’ representative (FCR) over the objections of insurers and the U.S. trustee after finding in a May 31 letter opinion that insurers knew the risks involved with hiring the FCR’s law firm to represent them in a state court asbestos coverage action (In re:  Imerys Talc America, Inc., et al., No. 1:19-bk-10289, D. Del. Bkcy.).

  • June 3, 2019

    Bankruptcy Judge Approves Oakfabco’s Amended Plan And Asbestos Trust

    CHICAGO — An Illinois federal bankruptcy judge confirmed the Chapter 11 liquidation plan and its asbestos trust for boiler company Oakfabco Inc. on April 11, less than a year after the judge halted payments to attorneys working on the case due to a lack of progress (In re:  Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).

  • May 30, 2019

    Bankruptcy Judge Seeks More Information From Imerys’ FCR Candidate

    WILMINGTON, Del. — After the proposed candidate for future claimants’ representative (FCR) in the Chapter 11 asbestos case of Imerys Talc America Inc. twice provided additional information to a Delaware federal bankruptcy judge on his lack of conflicts of interest, the bankruptcy judge on May 23 filed a letter seeking more information for her private inspection (In re:  Imerys Talc America, Inc., et al., No. 1:19-bk-10289, D. Del. Bkcy.).

  • May 23, 2019

    W.R. Grace Insurers Dispute Liability For Montana Plaintiffs’ Claims

    WILMINGTON, Del. — Negligence claims leveled by asbestos plaintiffs in Montana against insurers of former Chapter 11 debtor W.R. Grace & Co. are barred by W.R. Grace’s bankruptcy injunction because they meet the derivative liability requirements for injunctive protection, the insurers say in a May 20 reply brief on remand in Delaware federal bankruptcy court (Continental Casualty Co., et al. v. Jeremy B. Carr, et al., No. 15-50766, D. Del. Bkcy.).

  • May 23, 2019

    Kaiser Gypsum Debtors Drop Appeal Over Cleanup Costs At Oregon Site

    CHARLOTTE, N.C. — With a $67 million settlement in place, a North Carolina federal court on May 13 dismissed an appeal over whether Chapter 11 asbestos debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. are protected by the automatic stay from environmental cleanup cost state court settlement judgments in Oregon (Kaiser Gypsum Company, Inc., et al. v. Oregon Department of Environmental Quality, No. 3:18-cv-507, W.D. N.C.).

  • May 22, 2019

    J&J Fails To Secure Federal Jurisdiction Over California Asbestos-Talc Cases

    LOS ANGELES — Equitable factors weigh heavily in favor of litigating asbestos-talc cases in state court, a federal judge in California held May 21 in remanding 42 actions against Johnson & Johnson (In re:  Removed state court talc actions against Johnson & Johnson, et al., No. 19-3130, C.D. Calif.).

  • May 22, 2019

    Georgia-Pacific Joins Adversary Action To Halt Asbestos Lawsuits

    CHARLOTTE, N.C. — Georgia-Pacific, an affiliate of Chapter 11 debtor Bestwall LLC, got the go-ahead from a North Carolina federal bankruptcy judge April 5 to intervene in an adversary case filed by the debtor seeking to enjoin all asbestos actions against the company (Bestwall LLC v. Those Parties Listed on Appendix A to Complaint, et al., No. 17-03105, W.D. N.C. Bkcy.).

  • May 21, 2019

    W.R. Grace: Class Cert Denial For Building Asbestos Claims Clearly Not Appealable

    PHILADELPHIA — A bankruptcy court’s denial of certification for a class of property owners seeking damages for asbestos supplied by former Chapter 11 debtor W.R. Grace & Co. was an interlocutory ruling, so a hospital’s appeal of the decision should be dismissed, the former debtor argues May 13 to the Third Circuit U.S. Court of Appeals (In re Grace & Co., et al., No. 18-1960, 3rd Cir.).

  • May 21, 2019

    California Jury Awards More Than $3M In Mesothelioma Case

    VAN NUYS, Calif. — A California judge on April 30 entered a $1,311,429.54 judgment on a slightly more than $3 million verdict to a couple in a mesothelioma action (Ervan Groves, et al. v. ABB Inc., et al., No. BC696443, Calif. Super., Los Angeles Co.).

  • May 21, 2019

    Workers’ Comp Insurer Urges Montana High Court To Reject Asbestos Liability

    HELENA, Mont. — The court should reject a plaintiff’s “distorted” and backward-working attempt at creating liability on behalf of a workers’ compensation insurer for asbestos exposures and instead adopt sound analytical framework from the Restatement of Torts, an insurer tells the Montana Supreme Court in a May 3 reply brief (Maryland Casualty Co. v. The Asbestos Claims Court, et al., No. OP 19-0051, Mont. Sup.).

  • May 17, 2019

    Fraser’s Asbestos Claimants Seek To Pursue Recovery Against Insurance Carriers

    TACOMA, Wash. — Asbestos claimants of Chapter 11 debtor Fraser’s Boiler Service Inc. on May 14 sought relief from the automatic stay in Washington federal bankruptcy court so they can continue their lawsuits seeking damages only from the company’s insurers (In re:  Fraser’s Boiler Service, Inc., No. 18-41245, W.D. Wash. Bkcy.).

  • May 16, 2019

    Maremont Adds Fraud Protections To Plan, Says Confirmation Is Expected

    WILMINGTON, Del. — With changes made to asbestos trust procedures to guard against fraud, the plan of reorganization for Chapter 11 debtor Maremont Corp. can now be approved by a Delaware federal bankruptcy court, the debtor says in the May 14 revised procedures and proposed findings (In re:  Maremont Corporation, et al., No. 19-10118, D. Del. Bkcy.).