Mealey's Asbestos Bankruptcy

  • August 24, 2021

    Asbestos Claims Stayed, Enjoined In Trane Entities’ Joint Chapter 11 Case

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on Aug. 23 held that the automatic stay in the joint Chapter 11 case of asbestos debtors Aldrich Pump LLC and Murray Boiler LLC applies to asbestos personal injury claims and entered a preliminary injunction enjoining the pursuit of such claims against the debtors’ affiliates, including Trane U.S. Inc., and insurers.

  • August 24, 2021

    Bankruptcy, District Courts Confirm Plan, Asbestos Trust For Georgia Company

    ROME, Ga. — A Georgia federal judge on July 21 entered an order approving a bankruptcy judge’s findings and recommendations and confirming a plan of reorganization for Chapter 11 debtor The Fairbanks Co. that establishes an asbestos trust funded by insurance settlements.

  • August 24, 2021

    California Court Rejects Expert, Evidence Challenges To $29M Asbestos-Talc Verdict

    LOS ANGELES — A California appeals court on Aug. 5 affirmed a $29 million asbestos-talc verdict, finding that the trial court properly admitted experts and that the evidence supported the jury’s finding.

  • August 24, 2021

    Asbestos Claimants Plan Appeal Of Contempt Finding In Bestwall’s Chapter 11

    CHARLOTTE, N.C. — Asbestos claimants from Illinois and their counsel on Aug. 23 sought additional time from a North Carolina federal bankruptcy court to appeal the court’s finding of contempt for continuing to pursue their challenge in federal court in their home state to a discovery order in the Chapter 11 case of Bestwall LLC.

  • August 20, 2021

    Asbestos Claimants Plan Appeal Of Contempt Finding In Bestwall’s Chapter 11

    CHARLOTTE, N.C. — Asbestos claimants from Illinois and their counsel on Aug. 23 sought additional time from a North Carolina federal bankruptcy court to appeal the court’s finding of contempt for continuing to pursue their challenge in federal court in their home state to a discovery order in the Chapter 11 case of Bestwall LLC.

  • August 23, 2021

    Utah High Court: Premises Operators Can Be Liable For Take-Home Asbestos Exposure

    SALT LAKE CITY — Three premises operators had a duty to prevent a subcontractor’s wife’s take-home asbestos exposures as early as 1965, and contracts entered into by one evidence sufficient control over the work to be found liable, the Utah Supreme Court said Aug. 5.

  • August 20, 2021

    Washington Jury Awards $11.2M In Navy Ship Scrapping Asbestos Case

    TACOMA, Wash. — A Washington jury on Aug. 5 awarded $11.2 million to a man exposed to asbestos during the scrapping of decommissioned World War II U.S. Navy ships.

  • August 20, 2021

    Nevada Jury Hands Former Electrician $15.6M For Mesothelioma

    RENO, Nev. — A Nevada jury awarded nearly $15.6 million Aug. 12 after finding that Eaton Corp. manufactured a defective asbestos-containing component parts that were a substantial factor in a man’s mesothelioma.

  • August 16, 2021

    Bankruptcy Judge Blocks Asbestos Claims Against CertainTeed Debtor, Affiliates

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on Aug. 11 denied a request by asbestos claimants’ representatives to lift the automatic stay in the Chapter 11 case of CertainTeed Corp. spinoff DBMP LLC to allow asbestos suits to proceed in the tort system and issued a preliminary injunction barring such actions against the debtor and its affiliates.

  • August 09, 2021

    Insurer Takes Fight Against Kaiser Gypsum’s Plan To 4th Circuit

    CHARLOTTE, N.C. — The primary asbestos insurer for Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. on Aug. 6 appealed a North Carolina federal judge’s confirmation of the debtors’ joint plan of reorganization to the Fourth Circuit U.S. Court of Appeals.

  • August 06, 2021

    California Appeals Court Reverses Summary Judgment In Asbestos Death Case

    SAN FRANCISCO — A California state appeals court on Aug. 4 reversed summary judgment in an asbestos mesothelioma death case, saying there is a triable issue whether the defendant’s refractory work aboard a U.S. Navy ship exposed the decedent to asbestos even if he was not present when asbestos was removed.

  • August 06, 2021

    Bankruptcy Judge Rejects Claim Against Trust Based On Prior Release

    SAN FRANCISCO — A 2017 claim against an asbestos trust for a man’s mesothelioma is barred by a release he signed 31 years earlier when settling a state court suit against one of the companies that eventually established the trust through bankruptcy, a California federal bankruptcy judge held Aug. 5 in granting the trust summary judgment based on claim preclusion,

  • August 03, 2021

    Post-Bankruptcy Conduct Of Johns-Manville Affiliate To Be Argued In September

    NEW YORK — Oral argument will be held Sept. 21 to help the Second Circuit U.S. Court of Appeals decide whether a New York federal bankruptcy court and district court erred in finding that a woman’s asbestos personal injury claims against a Johns-Manville Corp. affiliate were discharged in Johns-Manville’s landmark Chapter 11 case, with the court calendaring the argument in a July 29 docket entry.

  • July 30, 2021

    Imerys Asbestos Claimants Seek TRO To Halt Reported Johnson & Johnson Restructuring

    WILMINGTON, Del. — Asbestos claimants in the Chapter 11 case of talc supplier Imerys Talc America Inc. filed for a temporary restraining order (TRO) July 28 in the debtor’s recently filed adversary action in Delaware federal bankruptcy court against consumer products giant Johnson & Johnson (J&J) seeking to prevent J&J from avoiding its indemnity obligations to the debtor through a corporate restructuring designed to rid itself of its liability for asbestos claims.

  • July 30, 2021

    Asbestos Verdicts & Settlements: January 2020 – December 2020

    Every year, the Mealey’s Litigation Report:  Asbestos compiles, analyzes and reports on verdict information appearing in the report from the previous calendar year.  The following report contains that information.

  • July 29, 2021

    Federal Judge Confirms Kaiser Gypsum Debtors’ Bankruptcy Plan

    CHARLOTTE, N.C. — A North Carolina federal judge on July 28 confirmed the reorganization plan of joint Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. after overruling all objections to the plan by the debtors’ primary asbestos insurer for lack of standing and on the ground that the plan is “insurance neutral.”

  • July 22, 2021

    Debtor ON Marine Seeks Mediation Of Settlements With Asbestos Insurers

    PITTSBURGH — Chapter 11 debtor ON Marine Services Company LLC is ready to turn to a mediator to help negotiate with asbestos claimants and insurance companies over the amounts the insurers should pay in settlements with the debtor to fund an asbestos trust, the company says in a July 19 status report in Pennsylvania federal bankruptcy court.

  • 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.

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