CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on May 12 denied a request by the Official Committee of Asbestos Claimants in the Chapter 11 case of Bestwall LLC to stay her approval of a claimants’ questionnaire to help estimate the debtor’s asbestos liability, saying the committee probably won’t succeed in its appeal of the questionnaire.
WILMINGTON, Del. — A Delaware federal bankruptcy judge on May 18 denied a request to reform the Official Committee of Tort Claimants in the Chapter 11 case of Imerys Talc America Inc. affiliate Cyprus Mines Corp. due to alleged conflicts of interest of most of the U.S. trustee-appointed committee members, saying there is no evidence that the current committee members breached their fiduciary duty to other asbestos claimants.
NEW YORK — The Chapter 11 plan of reorganization for debtor Garrett Motion Inc. and affiliates, which entered bankruptcy in part due to asbestos claims, is feasible and was filed in good faith, a New York federal bankruptcy judge found April 26 in confirming the plan.
LOS ANGELES — A trial court did not err in disregarding a spreadsheet of mesothelioma verdicts submitted in a motion for a new trial as such challenges are limited to the trial record and nothing suggests that the 60% liability finding or $25 million in noneconomic damages are improper, a California appeals court said May 18.
OKLAHOMA CITY — A trial judge properly excluded evidence of third-party liability for a man’s mesothelioma after finding that asbestos defendants’ discovery responses on the issue were inadequate and that causation evidence at trial supports the jury’s verdict, a divided Oklahoma appeals court said May 18 in affirming a more than $8 million award.
SEATTLE — A Washington virtual trial settled May 17, after the jury heard opening statements in which Johnson & Johnson entities and a former teacher suffering from mesothelioma sparred over whether the company’s consumer talc products contained asbestos.
NEW YORK — A federal bankruptcy court and district court both correctly held that a woman’s asbestos personal injury claims were discharged in the Johns-Manville Corp. Chapter 11 case and channeled to the company’s asbestos trust because her first exposure occurred years before the company filed for bankruptcy protection, a successor to a Johns-Manville affiliate says in a May 12 response brief in the Second Circuit U.S. Court of Appeals.
PHILADELPHIA — A federal court did not err in appointing a future claimants’ representative (FCR) in the Chapter 11 case of Imerys Talc America Inc. because insurers challenging the appointment failed to press their conflict-of-interest argument on time and the bankruptcy court acted within its discretion in making the appointment, the debtor says May 10 in response to the insurers’ appeal to the Third Circuit U.S. Court of Appeals.
CLEVELAND — A specialized asbestos trial court lacked jurisdiction and authority when it extended the period for filing claims against a dissolved corporation and appointed a receiver, an Ohio appeals court said April 22 in reversing.
NASHVILLE, Tenn. — Tennessee Gov. Bill Lee on April 30 signed into law legislation giving asbestos plaintiffs 30 days from the filing of a complaint to produce the evidence that serves as the basis for each named defendant.
RICHMOND, Va. — A man presented nothing more than speculation that trips to a production floor would have resulted in asbestos exposure and is unable to meet the causation standard in Lohrmann v. Pittsburgh Corning Corp., a Fourth Circuit U.C. Court of Appeals panel said April 27 in affirming summary judgment for a defendant.
ROME, Ga. — A Georgia federal bankruptcy judge on May 4 approved the disclosure statement for the plan of reorganization of Chapter 11 debtor The Fairbanks Co., setting June 24 as the deadline for asbestos claimants to vote on whether to accept the plan and its proposed asbestos trust.
WILMINGTON, Del. — Chapter 11 debtor Paddock Enterprises LLC has reached an agreement with asbestos claimants’ representatives on a consensual plan of reorganization that includes establishment of a $610 million trust to pay asbestos personal injury claims, the debtor says in an April 30 motion seeking to extend its exclusive periods for filing the plan.
CHARLOTTE, N.C. — A California court must determine whether fraud claims leveled against Chapter 11 debtor Kaiser Gypsum Co. Inc. by plaintiffs in two state asbestos actions are covered by Kaiser’s insurance, and the claims are stayed until a ruling on the issue, a North Carolina federal bankruptcy judge ruled March 29.
PITTSBURGH — Negotiating with insurers and asbestos claimants over the terms of settlements for coverage disputes has kept Chapter 11 debtor ON Marine Services Company LLC busier than it expected, and more time is needed to hammer out the deals, the company tells a Pennsylvania federal bankruptcy court in an April 20 motion to extend its exclusive periods.
By Mark A. Behrens and Mary Margaret Gay
GREENSBORO, N.C. — Iowa likely adopted the scope of liability analysis in the Restatement (Third) of Torts and abandoned the sole proximate cause standard, but in any case questions remain about whether a product manufacturer can be liable for a woman’s asbestos exposure and resulting mesothelioma, a federal judge in North Carolina said April 15.
NEW YORK — In hopes of a quick exit from bankruptcy, Chapter 11 debtor Garrett Motion Inc. and affiliates on April 21 filed a proposed order for confirmation of its plan of reorganization, asking a New York federal bankruptcy court to make the order effective immediately.
CHARLOTTE, N.C. — A stay in the North Carolina federal bankruptcy court Chapter 11 case of Bestwall LLC to allow the Official Committee of Asbestos Claimants to appeal approval of a claimants’ questionnaire to help estimate the debtor’s asbestos liability could jeopardize Bestwall’s chance at a successful reorganization at a key time in the proceeding, it says in its April 20 objection to the stay request by the committee.
CHARLOTTE, N.C. — Chapter 11 debtor DBMP LLC and representatives for asbestos claimants on April 9 filed competing proposed findings of fact and conclusions of law in an adversary action on whether a North Carolina federal bankruptcy court should enjoin the prosecution of all asbestos personal injury claims against DBMP and its affiliates, including the former CertainTeed Corp.