Mealey's Asbestos Bankruptcy

  • November 11, 2021

    Johnson & Johnson Affiliate’s Bankruptcy Case Moved To New Jersey MDL Court

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge in a Nov. 10 docket entry transferred the Chapter 11 case of Johnson & Johnson (J&J) subsidiary LTL Management LLC to New Jersey at the request of the U.S. bankruptcy administrator, who had sought the change in venue “in the interest of justice or for the convenience of the parties.”

  • November 10, 2021

    Insurer Battles Kaiser Gypsum’s Bid To Dismiss Appeal Of Plan Approval

    RICHMOND, Va. — The primary insurer for Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. has standing to appeal the confirmation of the debtors’ plan of reorganization, and the appeal is not moot, the insurer says in a Nov. 1 response to the debtors’ motion in the Fourth Circuit U.S. Court of Appeals to dismiss the appeal.

  • November 08, 2021

    Illinois Jury Awards $23M In Asbestos Case Featuring Genetics Dispute

    CHICAGO — A jury in Illinois on Nov. 4 awarded $23 million in compensatory damages to a woman suffering from mesothelioma, according to the court docket.  The case featured a discovery dispute over the availability and appropriateness of genetic testing and relationship between mesothelioma and the BRCA gene.

  • November 04, 2021

    State: Talc Labeling Appeal Isn’t Subject To Stay, Petition Isn’t Viable

    WASHINGTON, D.C. — Two Johnson & Johnson entities seek U.S. Supreme Court review of issues not ruled on below and thus questions not before the court now and improperly attempt to delay the case indefinitely by imposing a bankruptcy stay that does not apply to government actions involving health and safety, the state of Mississippi tells the court in a Nov. 3 brief in opposition.

  • November 04, 2021

    Honeywell Says NARCO Trust’s Adversary Suit Should Be Tossed

    PITTSBURGH — Honeywell International Inc. on Nov. 1 moved to dismiss an adversary complaint of a former bankrupt affiliate’s asbestos trust that was filed in Pennsylvania federal bankruptcy court in response to Honeywell’s adversary action over whether the trust is paying valid claims.

  • November 02, 2021

    Judge: Asbestos Defendant Can Amend Answer After Insurer’s Insolvency

    NEW ORLEANS — Because it will include defenses that did not arise until after an insurer’s insolvency, a defendant in an asbestos case may amend its answer, a federal judge in Louisiana said Oct. 28.

  • October 28, 2021

    California Court Says Bankruptcy Stay Doesn’t End Asbestos-Talc Appeal

    SAN FRANCISCO — A California court on Oct. 21 said it doubted whether the automatic bankruptcy stay triggered by the merger-bankruptcy of a Johnson & Johnson subsidiary precluded resolution of the appeal before it and proceeded to make 21 changes to the original opinion but otherwise deny rehearing in a case reviving an action against a pair of Johnson & Johnson entities that involved “two starkly different expert perspectives,” the resolution of which the court said was the jury’s province.

  • October 28, 2021

    Judge Limits Interim Stay, TRO Protections To J&J Debtor And Its Predecessor

    CHARLOTTE, N.C. — Bankrupt Johnson & Johnson (J&J) subsidiary LTL Management LLC and its predecessor are the only two parties entitled to injunctive relief barring asbestos talc claims, and only until an upcoming hearing to decide the debtor’s request for further relief, a North Carolina federal bankruptcy judge ruled Oct. 26 in a recent adversary proceeding in declining to extend the bankruptcy stay or an injunction protecting hundreds of nondebtor parties like J&J.

  • October 27, 2021

    Bankruptcy Administrator Says Johnson & Johnson Affiliate’s Case Should Be Moved

    CHARLOTTE, N.C. — The U.S. bankruptcy administrator for the Western District of North Carolina on Oct. 25 filed a motion in the new Chapter 11 case of Johnson & Johnson (J&J) subsidiary LTL Management LLC to transfer venue to the District of New Jersey “in the interest of justice or for the convenience of the parties.”

  • October 26, 2021

    J&J: Bankruptcy Stay Covers Appeal Over Mississippi Consumer Protection Suit

    WASHINGTON, D.C. — Johnson & Johnson told the U.S. Supreme Court Oct. 18 that the automatic stay invoked by the bankruptcy of its recently created affiliate applied to both it and the now dissolved Johnson & Johnson Consumer Inc. and requires withholding any further action in the appeal of a Mississippi Supreme Court ruling allowing the state to pursue consumer protection claims over the company’s alleged failure to warn about the ovarian cancer risk associated with the use of talc products.

  • October 26, 2021

    Plaintiff Awarded $26.6M From J&J Says Affiliate’s Bankruptcy Doesn’t Stay Case

    OAKLAND, Calif. —  The automatic stay in the bankruptcy of a recently created entity designed to shelter Johnson & Johnson from talc liability does not extend to a case where it is a third party, and relevant law permits pursuit of claims against the now dissolved Johnson & Johnson Consumer Inc., a woman awarded $26.6 million by a jury told a California judge Oct. 18.

  • October 21, 2021

    Asbestos Committee Sues To Undo Effects Of Trane, Ingersoll-Rand Restructuring

    CHARLOTTE, N.C. — A committee of asbestos claimants in the Chapter 11 case of Aldrich Pump LLC and Murray Boiler LLC filed an adversary action and motion Sept. 18 seeking to unwind the corporate restructuring that saddled the debtors with their affiliates’ asbestos liabilities by “substantively consolidating” the debtors’ estates with the affiliates or by reallocating the asbestos liabilities from the debtors back to the affiliates.

  • October 20, 2021

    CertainTeed Debtor DBMP Gets Approval For Meso Estimation Proceeding

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge in an Oct. 14 docket entry approved a request by Chapter 11 debtor DBMP LLC to hold a hearing to estimate the debtor’s liability for mesothelioma claims, which asbestos claimant representatives oppose but which the debtor says “will promote an expeditious, consensual resolution of this Chapter 11 Case.”

  • October 20, 2021

    Judge Tosses Votes On Imerys’ Bankruptcy Plan, Cancels Confirmation Hearing

    WILMINGTON, Del. — A Delaware federal bankruptcy judge on Oct. 13 denied a bid by more than 15,000 asbestos claimants to change their votes in a master ballot for the plan of reorganization of Chapter 11 debtor Imerys Talc America Inc. from reject to accept, withdrew the votes and canceled the confirmation hearing for the plan due to lack of support from asbestos creditors.

  • October 19, 2021

    Honeywell, NARCO Trust Battle Over Management Of Funds For Asbestos Claimants

    PITTSBURGH — A Pennsylvania federal bankruptcy judge on Oct. 14 denied a motion by Honeywell International Inc. to file an adversary complaint against the asbestos trust of a former affiliate under seal in a dispute over whether the trust is paying valid claims, with the trust filing its own adversary case in response to Honeywell’s actions.

  • October 18, 2021

    Asbestos Claimants Seek Direct Appeal Of Contempt Sanctions In Bestwall Chapter 11

    CHARLOTTE, N.C. — Asbestos claimants from Illinois and their counsel who were recently sanctioned by a North Carolina federal bankruptcy court for contempt and ordered to pay more than $400,000 in legal fees to Chapter 11 debtor Bestwall LLC on Oct. 1 requested permission to appeal the contempt finding and sanctions directly to the Fourth Circuit U.S. Court of Appeals.

  • October 15, 2021

    Johnson & Johnson Affiliate Given All Asbestos Liability Files For Bankruptcy

    CHARLOTTE, N.C. — LTL Management LLC, a subsidiary of health care giant Johnson & Johnson (J&J) that was created recently in a corporate restructuring “to hold and manage claims in the cosmetic talc litigation,” filed for Chapter 11 protection on Oct. 14 in North Carolina federal bankruptcy court with plans to create a $2 billion trust to pay asbestos personal injury claims.

  • October 12, 2021

    J&J Secures Verdict In Georgia Asbestos-Talc Ovarian Cancer Trial

    AUGUSTA, Ga. — A Georgia jury on Oct. 5 returned a defense verdict for Johnson & Johnson and a related company in a woman’s case alleging that the presence of asbestos in its talc caused the death of a woman from ovarian cancer, sources told Mealey Publications. VIDEO FROM THE TRIAL IS AVAILABLE.

  • October 11, 2021

    Wisconsin Jury Awards $26.45M In Brewery-Exposure Asbestos Case

    MILWAUKEE — A Wisconsin jury on Oct. 6 awarded more than $6 million in compensatory damages and added $20 million in punitive damages for the mesothelioma death of a pipefitter exposed to asbestos at a brewery.

  • October 11, 2021

    Representative Needed To Continue Appeal Of Deceased Claimant, 2nd Circuit Says

    NEW YORK — After only recently learning about the spring death of an asbestos claimant in an appeal against a Johns-Manville Corp. affiliate, the Second Circuit U.S. Court of Appeals on Oct. 1 directed the claimant’s attorneys to file a motion to substitute a personal representative for the deceased as the appellant.

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