TRENTON, N.J. — Chapter 11 debtor Duro Dyne National Corp., the asbestos claimants’ committee and the embattled future claimants’ representative (FCR) say in a Feb. 26 memorandum that the debtor’s reorganization plan meets all the requirements for confirmation, despite objections to the plan by insurers, a labor union and the U.S. trustee (In re: Duro Dyne National Corp., et al., No. 18-27963, D. N.J. Bkcy.).
ROME, Ga. — The asbestos future claimants’ representative (FCR) candidate of Chapter 11 debtor The Fairbanks Co. filed a supplemental declaration Feb. 19 in Georgia federal bankruptcy court on potential conflicts of interest after the court held a hearing on competing motions to name an FCR for the case (In re The Fairbanks Company, No. 18-41768, N.D. Ga. Bkcy.).
NEW YORK — A 1997 settlement for a man’s nonmalignant asbestos disease does not preclude his subsequent action seeking to recover for mesothelioma, a divided New York Court of Appeals held Feb. 21 (In re: New York City Asbestos Litigation, Anne M. South, etc. v. Chevron Corp., etc., et al., No. APL-2017-00252, N.Y. App., 2019 N.Y. LEXIS 267).
WILMINGTON, Del. — The U.S. trustee for the new Chapter 11 case of Maremont Corp. asked a Delaware federal bankruptcy court on Feb. 20 to choose a future claimants’ representative (FCR) from a list of four candidates he submitted, three of which are the same candidates proposed by the trustee in a Georgia asbestos bankruptcy case (In re: Maremont Corporation, et al., No. 19-10118, D. Del. Bkcy.).
NEW YORK — No evidence suggests that an all-cash purchase of a restaurant equipment company’s assets constituted a de facto merger of the companies, a New York appeals court held Feb. 19 in reversing a summary judgment ruling in favor of an asbestos plaintiff (Eleni Dritsas, etc., et al. v. Amchem Products Inc., et al., No. 8430 190276/15, N.Y. Sup., App. Div., 1st Dept.).
CHARLOTTE, N.C. — A North Carolina federal bankruptcy court erred in finding that Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. are not protected by the automatic stay from environmental cleanup cost state court settlement judgments, the debtors argue Feb. 4 in their opening appeal brief in federal court (Kaiser Gypsum Company, Inc., et al. v. Oregon Department of Environmental Quality, No. 3:18-cv-507, W.D. N.C.).
NEW YORK — The future claimants’ representative (FCR) in the landmark asbestos bankruptcy case of Johns-Manville Corp. has retired after 29 years of service, and now his longtime colleague should replace him, according to a letter filed in New York federal bankruptcy court Feb. 5 by the Manville Personal Injury Settlement Trust (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy.).
NEW YORK — The successor to the PVC pipe business of former Chapter 11 debtor Johns-Manville Corp. on Feb. 11 said it has agreed to drop its bid in New York federal bankruptcy court for sanctions against state court asbestos plaintiffs for suing the company in violation of the bankruptcy protections implemented when it bought the business (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy.).
WILMINGTON, Del. — The U.S. trustee for the Chapter 11 case of Maremont Corp. filed an objection Feb. 14 in Delaware federal bankruptcy court to the appointment of the debtor’s chosen future claimants’ representative (FCR), saying the court should accept FCR nominations from all interested parties, as was done recently in another asbestos bankruptcy case (In re: Maremont Corporation, et al., No. 19-10118, D. Del. Bkcy.).
WILMINGTON, Del. — Facing mounting asbestos injury litigation while maintaining that its talc product is safe, Johnson & Johnson supplier Imerys Talc America Inc. filed for Chapter 11 protection Feb. 13 in Delaware federal bankruptcy court, seeking to continue its talc mining and distribution business and establish a trust to pay asbestos claims (In re: Imerys Talc America, Inc., et al., No. 1:19-bk-10289, D. Del. Bkcy.).
COLUMBIA, S.C. — A $14 million asbestos damages award stands after the South Carolina Court of Appeals on Feb. 12 found that a contractor could not be considered a statutory employee because the maintenance work he performed differed sufficiently from the polyester fiber manufacturer’s core job, and that neither jury misconduct or prejudice contributed to the verdict (Angela Keene, et al. v. CNA Holdings LLC, No. 2016-000227, S.C. App., 2019 S.C. App. LEXIS 20).
NEW YORK — Chapter 11 debtor Rapid-American Corp. and asbestos claimant representatives filed two summary judgment motions Feb. 8 in New York federal bankruptcy court in an adversary action seeking to resolve the two remaining issues in a dispute with insurers over coverage for asbestos liability (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).
TACOMA, Wash. — The plan of reorganization for Chapter 11 debtor Fraser’s Boiler Service Inc. meets all the requirements in the U.S. Bankruptcy Code for confirmation, the company says in a Feb. 6 preconfirmation hearing statement in Washington federal bankruptcy court, while the U.S. trustee and certain insurers counter in their statements filed the same day that the plan was not filed in good faith and cannot be confirmed (In re: Fraser’s Boiler Service, Inc., No. 18-41245, W.D. Wash. Bkcy.).
ROME, Ga. — The U.S. trustee for the Chapter 11 case of The Fairbanks Co. on Jan. 31 submitted the names of three candidates for an asbestos future claimants’ representative (FCR), a process originally opposed by the debtor and asbestos committee but now backed by both, according to the trustee’s notice in Georgia federal bankruptcy court (In re The Fairbanks Company, No. 18-41768, N.D. Ga. Bkcy.).
TRENTON, N.J. — A bankruptcy court clearly misapplied federal bankruptcy law in appointing a future claimants’ representative (FCR) for asbestos claimants in Duro Dyne National Corp.’s Chapter 11 case, so the appointment should be vacated, the U.S. trustee says in a Feb. 8 opening brief for his appeal of the appointment in New Jersey federal court (Andrew R. Vara v. Duro Dyne National Corp., et al., No. 3:18-cv-15563, D. N.J.).
ANDERSON, S.C. — A South Carolina jury found for two defendants, but hit a third with a $5,125,000 verdict, including punitive damages, on Jan. 25, sources told Mealey Publications (Rita Joyce Glenn, et al. v. Air & Liquid Systems Corp., et al., No. 2015CP041607, S.C. Comm. Pls., 10th Jud. Cir., Anderson Co.).
TRENTON, N.J. — A labor union on Feb. 6 objected to the confirmation of the reorganization plan for Chapter 11 debtor Duro Dyne National Corp., telling a New Jersey federal bankruptcy court that the plan fails to address the union’s $7.6 million proof of claim for the company’s alleged infringement and counterfeiting of the union’s trademark on doors it manufactured (In re: Duro Dyne National Corp., et al., No. 18-27963, D. N.J. Bkcy.).
NEW ORLEANS — A trial court acted within its discretion in considering an otherwise late motion to dismiss an asbestos action without prejudice after the plaintiff refiled the action in South Carolina, a Louisiana appeals court held Feb. 6 (James C. Sizemore v. Reilly-Benton Co. Inc., et al., No. 2018-CA-0826, La. App., 4th Cir., 2019 La. App. LEXIS 188).
WILMINGTON, Del. — Five asbestos claimants of new Chapter 11 debtor Maremont Corp. and their law firms will serve on the Committee of Asbestos Personal Injury Claimants for the case, according to a Feb. 4 notice from the U.S. trustee on the committee’s appointment (In re: Maremont Corporation, et al., No. 19-10118, D. Del. Bkcy.).
ST. LOUIS — The Missouri Supreme Court on Jan. 31 granted a petition for writ of prohibition, staying a 24-plaintiff asbestos-talc trial while it considers jurisdiction over out-of-state plaintiffs, according to its docket (Imerys Talc America, et al. v. The Honorable Rex Burlison, et al., No. SC97647, Mo. Sup.).