NEW YORK — A New York federal bankruptcy judge on July 16 approved the disclosure statement for Chapter 11 debtor Rapid-American Corp.’s plan of liquidation, which proposes to establish a $12 million trust to pay asbestos personal injury claims.
CHARLOTTE, N.C. — Asbestos claimants from Illinois and their counsel should not be held in contempt for violating a North Carolina federal bankruptcy court order directing the claimants to answer questions about their injuries for Chapter 11 debtor Bestwall LLC’s estimation proceeding because they were not properly served, and their suit in Illinois to halt the discovery does not violate the bankruptcy court’s order, the claimants and counsel say in a July 14 brief in the Chapter 11 case.
ROME, Ga. — Settlements worth more than $47 million between Chapter 11 debtor The Fairbanks Co. and its asbestos insurers that are the linchpins of the company’s plan to reorganize gained approval July 9 from a Georgia federal bankruptcy judge.
WILMINGTON, Del. — A Delaware federal bankruptcy judge on June 29 extended a preliminary injunction in an adversary case filed by Chapter 11 asbestos debtor Imerys Talc America Inc. to keep hundreds of personal injury suits against nondebtor affiliates halted while the company continues to finalize a settlement with the affiliates that is part of its plan of reorganization.
TACOMA, Wash. — An in-person Washington state jury on July 6 awarded friction product defendant Pneumo Abex LLC a defense verdict in an asbestos case.
NEW ORLEANS — Granting an insolvent insurer’s motion to stay an asbestos liability lawsuit in its entirety, a federal judge in Louisiana held July 6 that allowing the plaintiffs to proceed against the insureds while the claims against the insolvent insurer are stayed “would frustrate the parties' ability to resolve the case as a whole and may result in undue prejudice to both plaintiff and defendant.”
NEW ORLEANS — A federal judge in Louisiana on July 15 stayed and administratively closed a shipyard worker’s lawsuit alleging that he was exposed to injurious levels of asbestos and asbestos-containing products, granting a defendant insurer’s motion to stay all proceedings following its insolvency and liquidation by the Pennsylvania Commonwealth Court.
MIAMI — A Florida judge on July 9 denied Union Carbide Corp.’s motion seeking judgment or a new trial in a case in which a jury hit the asbestos fiber supplier with a $14 million verdict.
NEW ORLEANS — A federal judge in Louisiana on May 26 granted an insolvent insurer’s motion to enforce a Pennsylvania court’s permanent stay of claims against it, staying and administratively closing an asbestos liability lawsuit brought against the insurer and its insureds.
SEATTLE — The Washington Supreme Court on July 8 reinstated a $30 million asbestos award, citing the limited role reviewing courts play in evaluating verdicts and holding that there was no evidence that the verdict resulted from prejudice or passion.
NEW ORLEANS — Guided by the factors in Landis v. N. Am. Co., 299 U.S. 248, 57 S. Ct. 163, 81 L. Ed. 153 (1936), a federal judge in Louisiana on July 2 held that a brief six-month administrative stay of an entire asbestos liability lawsuit from the date a Pennsylvania court declared one of the defendant’s insurers insolvent “is necessary to ensure that litigation proceeds in an efficient and orderly fashion.”
NEW YORK — A New York federal bankruptcy judge on July 2 authorized holders of federal securities law claims against Chapter 11 debtor Garrett Motion Inc. to file a class claim so the allegations can be litigated in a district court class action, with any monetary recoveries limited to the debtor’s available insurance.
SEATTLE — A Washington jury on June 15 awarded $16.67 million to the widow of a man exposed to asbestos in dryer felts after a trial held remotely as a result of the coronavirus.
NEW ORLEANS — An in-person Louisiana jury deliberated for an hour on June 30 before awarding $8,261,874.96 in a mechanic’s case claiming asbestos exposure from Ford Motor Co. brakes.
CHARLOTTE, N.C. — Working on an adversary action and negotiating with asbestos claimants and insurers have kept Chapter 11 debtors Aldrich Pump LLC and Murray Boiler LLC busy over the last few months, so a North Carolina federal bankruptcy judge on June 28 gave the companies three more months to have the exclusive right to file a plan of reorganization.
NEW YORK — Chapter 11 debtor Garrett Motion Inc. on June 9 filed a joint motion with holders of federal securities law class claims asking a New York federal bankruptcy court to allow the claims to be litigated in district court and limit monetary recoveries to the debtors’ available insurance coverage.
NEW YORK — Chapter 11 debtor Rapid-American Corp. on June 4 filed a plan of liquidation with a $12 million asbestos trust, the plan’s disclosure statement and a motion to approve the disclosure statement, saying it provides “all material information that is reasonably practicable to permit an informed judgment” by creditors on whether to accept the plan.
SEATTLE — Jury restrictions imposed in light of the coronavirus resulted in an improper selection process and, combined with various evidentiary errors, led to a more than $13 million asbestos verdict, a joint compound company told a Washington state appeals court May 28.
SACRAMENTO, Calif. — A California judge erroneously admitted unfounded expert testimony about whether talc can mesothelioma and whether a product contained asbestos and then without explanation gave a fraudulent concealment instruction that if properly given could have resulted only in a defense verdict, two Johnson & Johnson entities say in a May 7 opening brief in a California appellate court.
CHARLOTTE, N.C. — Chapter 11 debtor DBMP LLC’s request to send questionnaires to about 4,000 mesothelioma sufferers with claims pending against the company in an attempt to estimate its asbestos liability suffers from several fatal defects, including that the discovery would be “unduly burdensome and harassing,” a committee of asbestos claimants says in a June 11 objection to the motion in North Carolina federal bankruptcy court.