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Mealey's Asbestos Bankruptcy

  • February 15, 2019

    Government Continues Challenges To FCRs, This Time In Maremont Case

    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.).

  • February 15, 2019

    Talc Supplier Hits Chapter 11 Seeking To Shed Increasing Asbestos Liabilities

    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.).

  • February 14, 2019

    South Carolina Court: Contractor Wasn’t Employee, $14M Asbestos Verdict Proper

    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).

  • February 14, 2019

    Rapid-American Seeks Summary Judgment On 2 Asbestos Coverage Issues

    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.).

  • February 12, 2019

    Plan Confirmation For Fraser’s Boiler Service Faces Hurdles

    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.).

  • February 12, 2019

    U.S. Trustee Names 3 Candidates For FCR In Fairbanks Bankruptcy

    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.).

  • February 11, 2019

    Bankruptcy Court Erred In Naming Future Representative, U.S. Trustee Argues

    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.).

  • February 11, 2019

    South Carolina Jury Returns $5,125,000 Verdict In Asbestos Products Case

    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.).

  • February 11, 2019

    Sheet Metal Workers’ Union Says Debtor Ignores Trademark Infringement Claims

    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.).

  • February 8, 2019

    Judge’s Asbestos Case Dismissal Without Prejudice Proper, Louisiana Court Affirms

    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).

  • February 6, 2019

    U.S. Trustee Names Asbestos Committee For New Debtor Maremont Corp.

    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.).

  • February 4, 2019

    Missouri Top Court Stays 2nd Asbestos-Talc Case As It Ponders Jurisdiction

    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.).

  • February 1, 2019

    Denial Of Asbestos Claimants’ Contribution Application Affirmed By Federal Judge

    WILMINGTON, Del. — A Delaware federal judge on Jan. 30 denied a request by asbestos claimants to have the debtors in the Chapter 11 case of Energy Future Holdings Corp. pay their attorney fees based on the claimants’ “substantial contribution” to the case, finding that the debtors saw no significant benefits from the claimants’ work (Sherry Fenicle, et al. v. EFH Plan Administrator Board, et al., Nos. 18-877 and 18-878, D. Del., 2019 U.S. Dist. LEXIS 14390).

  • January 31, 2019

    Federal Arkansas Jury Hits Honeywell With $18.5M Verdict For Man’s Mesothelioma

    LITTLE ROCK, Ark. — A federal jury hit asbestos-brake maker Honeywell International Inc. with $10 million in punitive damages on Jan. 29 on top of $8,530,979 it awarded in compensatory damages.  The jury found for defendant Ford Motor Co. (Michael Lyn Thomas, et al. v. Ford Motor Co., et al., No. 17-522, E.D. Ark.).

  • January 28, 2019

    Asbestos Creditors Fail In Fight For Future Claimants Of Energy Future Holdings

    WILMINGTON, Del. — Asbestos claimants’ challenge to the constitutionality of discharging claims of future but yet unknown disease sufferers are statutorily moot because it affects the validity of former Chapter 11 debtor Energy Future Holdings Corp.’s entire reorganization plan, a Delaware federal judge ruled Jan. 24 in dismissing the claimants’ appeal of the plan’s approval (Sherry Fenicle, et al. v. Energy Future Holdings Corp., et al., No. 18-381, D. Del., 2019 U.S. Dist. LEXIS 11194).

  • January 28, 2019

    Union Carbide Avoids Punitive Damages In New Jersey Asbestos Case

    NEWARK, N.J. — A New Jersey jury on Jan. 24 decided against imposing punitive damages on Union Carbide Corp. just days after awarding a widow $2,380,000 on her claim that her husband contracted and died of mesothelioma after exposure to Calidria asbestos, sources told Mealey Publications (Thomasina Fowler v. Union Carbide Corp., et al., No. L-4820-11, N.J. Super., Middlesex Co.).  VIDEO FROM THE TRIAL IS AVAILABLE.

  • January 25, 2019

    South Carolina Judge Issues Trial Sanctions Over Discovery Dispute

    ANDERSON, S.C. — A jury may conclude that all of a company’s products contained asbestos, a South Carolina judge said Jan. 24 as part of her instructions at trial.  The ruling was one of several imposing sanctions on multiple defendants for alleged discovery violations in an asbestos case (Rita Joyce Glenn, et al. v. Air & Liquid Systems Corp., et al., No. 2015CP041607, S.C. Comm. Pls,, 10th Jud. Cir., Anderson Co.).

  • January 23, 2019

    Maremont, Subsidiaries File For Bankruptcy With Prepackaged Asbestos Plan

    WILMINGTON, Del. — With the preapproval of 100 percent of asbestos claimants, a nonoperating subsidiary of commercial vehicle and industrial products maker Meritor Inc. filed a prepackaged Chapter 11 plan of reorganization on Jan. 22 in Delaware federal bankruptcy court, looking to resolve its asbestos liabilities through a Section 524(g) trust (In re:  Maremont Corporation, et al., No. 19-10118, D. Del. Bkcy.).

  • January 23, 2019

    Bankruptcy Judge Approves Oakfabco’s Amended Disclosure Statement

    CHICAGO — With the final settlement with insurers in place in the Chapter 11 case of boiler company Oakfabco Inc., an Illinois federal bankruptcy judge on Jan. 16 approved the disclosure statement for the debtor’s plan of liquidation and set a March date for the plan confirmation hearing (In re:  Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).

  • January 23, 2019

    Bestwall Gets More Time To File Reorganization Plan In Disputed Chapter 11 Case

    CHARLOTTE, N.C. — With two key issues yet to be decided in the Chapter 11 case of Bestwall LLC, including whether to dismiss the case, a North Carolina federal bankruptcy judge on Jan. 7 gave the company more time to file a plan of reorganization (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).

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