Mealey's Asbestos Bankruptcy

  • July 21, 2021

    Rapid-American’s Disclosure Statement OK’d, Confirmation Hearing Set

    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.

  • July 21, 2021

    Asbestos Claimants Battle Possible Contempt Finding In Bestwall’s Chapter 11

    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.

  • July 20, 2021

    Bankruptcy Court Approves Insurers’ Settlements With Asbestos Debtor Fairbanks

    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.

  • July 20, 2021

    Talc Debtor Imerys Granted Extension Of Injunctive Relief

    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.

  • July 20, 2021

    Washington Jury Finds For Brake Defendant After In-Person Asbestos Trial

    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.

  • July 19, 2021

    Judge: Allowing Claims Against Insureds To Proceed May Result In Undue Prejudice

    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.”

  • July 19, 2021

    Claims All Arise From Alleged Asbestos Exposure, Judge Says In Granting Stay

    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.

  • July 16, 2021

    Judge Denies Union Carbide Judgment, New Trial After $14M Asbestos Verdict

    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.

  • July 09, 2021

    Judge Grants Insolvent Insurer’s Motion To Enforce Stay Of Asbestos Liability Suit

    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.

  • July 09, 2021

    Washington Supreme Court Reinstates $30M Asbestos Award

    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.

  • July 08, 2021

    Judge Stays Asbestos Liability Suit After Defendant’s Insurer Declared Insolvent

    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.”

  • July 06, 2021

    Bankruptcy Court OKs Class Treatment Of Securities Claims Against Asbestos Debtor

    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.

  • July 01, 2021

    Washington Jury Awards $16.67M In Asbestos Felts Case

    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.

  • July 01, 2021

    Louisiana Jury Awards $8.2M In Asbestos-Brake Case Against Ford

    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.

  • July 01, 2021

    Aldrich Pump Debtors Granted Extension To File Reorganization Plan

    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.

  • June 23, 2021

    Garrett Motion, Claimants Seek To Litigate Securities Claims In District Court

    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.

  • June 22, 2021

    Rapid-American Shifts To Liquidation, Seeks OK For Disclosure Statement

    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.

  • June 22, 2021

    Jury Selection, Evidence Errors Created $13.4M Verdict, Asbestos Company Says

    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.

  • June 22, 2021

    J&J Blames $12M Verdict On Expert Admissions, Jury Instructions

    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.

  • June 21, 2021

    Claimants’ Committee Says Debtor’s Proposed Questionnaire Should Be Scrapped

    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.

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