Mealey's Asbestos Bankruptcy

  • January 22, 2020

    Claims Filed After Kaiser Stay Lifted Sent Back To New York Court

    NEW YORK — A couple’s asbestos personal injury claims against Chapter 11 debtor Kaiser Gypsum Co. Inc. will be heard in New York state court; a federal judge on Jan. 15 remanded the case because the debtor removed it too late (Anna Nocelli, et al. v. Kaiser Gypsum Company, Inc., et al., No. 1:19-cv-1980, S.D. N.Y., 2020 U.S. Dist. LEXIS 9025).

  • January 21, 2020

    Settling Insurers Say Stay Against Contribution Claims Should Remain In Place

    TACOMA, Wash. — A Washington federal bankruptcy court’s denial of an insurer’s bid to vacate a stay order barring its contribution claims against other insurers for asbestos claims against Chapter 11 debtor Fraser’s Boiler Service Inc. is only an interlocutory ruling and is therefore not appealable, the other insurers, who have settled with the debtor, say in a Jan. 10 appellee brief in federal court (National Union Fire Insurance Company of Pittsburgh, PA v. Fraser’s Boiler Service, Inc., et al., No. 3:19-cv-5648, W.D. Wash.).

  • January 21, 2020

    Bankruptcy Court Maps Plan To Resolve Final Issues In Debtor, Insurer Row

    NEW YORK — A New York federal bankruptcy judge issued a scheduling order Jan. 16 for resolution of the remaining issues in a long-running dispute between Chapter 11 debtor Rapid-American Corp. and insurers over coverage for asbestos liability while the parties await his ruling on their last round of summary judgment briefing (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).

  • January 14, 2020

    Missouri Jury Clears Johnson & Johnson In Ovarian Cancer Talc Case

    ST. LOUIS — A St. Louis jury on Dec. 20 returned a verdict for Johnson & Johnson in a case in which the plaintiff claimed that asbestos in the company’s talc product led her to develop ovarian cancer (Vickie Forrest v. Johnson & Johnson, et al., No. 1522-CC00419-01, Mo. Cir., St. Louis Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • January 14, 2020

    Stay Relief Motion Is Final Bankruptcy Order, Unanimous Court Holds

    WASHINGTON, D.C. — A bankruptcy court’s ruling on a motion for relief from the automatic stay is a final, appealable order, the U.S. Supreme Court decided Jan. 14 in upholding a decision by the Sixth Circuit U.S. Court of Appeals (Ritzen Group, Inc. v. Jackson Masonry, LLC, No. 18-938, U.S. Sup.).

  • January 10, 2020

    Judge Cancels Mediation For Insurers, Montana Plaintiffs’ Negligence Dispute

    WILMINGTON, Del. — A Delaware federal judge has taken the advice of a magistrate judge and withdrawn a dispute between insurers of former Chapter 11 debtor W.R. Grace & Co. and Montana state court asbestos personal injury claimants from mandatory mediation to let the Third Circuit U.S. Court of Appeals decide whether to hear an appeal in the case, according to a Nov. 26 district court docket entry (Continental Casualty Co., et al. v. Jeremy B. Carr, et al., No. 1:19-cv-1871, D. Del.).

  • January 07, 2020

    Paddock Files For Chapter 11 To Resolve Owens-Illinois’ Asbestos Liabilities

    WILMINGTON, Del. — Paddock Enterprises LLC on Jan. 6 became the latest corporate victim to using asbestos in products, with the company filing a Chapter 11 petition in Delaware federal bankruptcy court after a December restructuring of the world’s largest glass bottle manufacturer left it holding all asbestos liabilities from the parent’s production of thermal insulation products in the 1950s (In re Paddock Enterprises, LLC, No. 20-10028, D. Del. Bkcy.).

  • January 06, 2020

    Kaiser Gypsum Debtors’ Get More Time To Decide On Removing Cases

    CHARLOTTE, N.C. — With Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. making progress on reorganizing by resolving asbestos claims, a North Carolina federal bankruptcy judge on Dec. 20 gave the companies three more months to remove any lawsuit filed against them to federal court (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).

  • December 31, 2019

    Bestwall, Georgia-Pacific, Asbestos Claimants To Discuss Consensual Chapter 11 Plan

    CHARLOTTE, N.C. — Chapter 11 debtor Bestwall LLC, affiliate Georgia-Pacific LLC and asbestos claimants’ representatives will hit the bargaining table to come up with a way for Bestwall to shed its asbestos liabilities through a bankruptcy trust, with two mediation sessions scheduled under an agreed order filed Dec. 18 in North Carolina federal bankruptcy court (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).

  • December 31, 2019

    Mediation Session Approved For Insurer Row With Imerys, Claimants

    WILMINGTON, Del. — Disputes among Chapter 11 debtor Imerys Talc America Inc., one of its insurers and tort claimants’ representatives are headed to mediation, with a Delaware federal bankruptcy judge on Dec. 26 approving a two-day negotiating session requested by the parties (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

  • December 31, 2019

    Imerys Debtors Get Third Extension Of Plan Filing Deadline

    WILMINGTON, Del. — A Delaware federal bankruptcy judge on Dec. 26 gave Chapter 11 debtor Imerys Talc America Inc. and affiliates three more months to propose a plan of reorganization on their own (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

  • December 20, 2019

    Divided Illinois Supreme Court Says Court Erred In Analyzing Asbestos Conspiracy Claims

    CHICAGO — An appellate court improperly ignored precedent and failed to perform a meaningful analysis before finding that sufficient evidence supported conspiracy claims in an asbestos case, a divided Illinois Supreme Court held Dec. 19 (John Jones, et al. v. Pneumo Abex, et al., Nos. 123895, 124002, Ill. Sup.).

  • December 19, 2019

    Judge Allows Imerys Insurers To Pay $7.2M For Prepetition Defense Costs

    WILMINGTON, Del. — Insurers of Chapter 11 debtor Imerys Talc America Inc. will pay more than $7 million to lawyers and other professionals to satisfy their claims for prepetition defense costs under a settlement agreement approved Dec. 13 by a Delaware federal bankruptcy judge (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

  • December 18, 2019

    Imerys’ Settlement With Prepetition Law Firm OK’d Without Escrow Fund

    WILMINGTON, Del. — A Delaware federal bankruptcy judge on Dec. 17 approved a settlement allowing Chapter 11 debtor Imerys Talc America Inc. to pay a law firm more than $500,000 for work done preparing the talc supplier to file for bankruptcy, after altering the deal at the urging of the U.S. Trustee’s Office (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

  • December 18, 2019

    4th Circuit Rejects Bestwall Asbestos Committee’s Request For Direct Appeal

    RICHMOND, Va. — The asbestos claimants’ committee in the Chapter 11 case of Bestwall LLC lost its bid to appeal the denial of its motion to dismiss the debtor’s case for filing it in bad faith when the Fourth Circuit U.S. Court of Appeals entered an order Nov. 14 denying permission to appeal (Official Committee of Asbestos Claimants of Bestwall, LLC v. Bestwall LLC, No. 19-408, 4th Cir.).

  • December 18, 2019

    Bankruptcy Court Dismisses Thorpe, Manville Trusts’ Case At Request Of Parties

    NEW YORK — One asbestos trust’s fight for indemnification from another trust for settlement payments to asbestos disease sufferers ended Dec. 9 when the parties stipulated to dismiss an adversary case, according to a stipulation and order signed by a New York federal bankruptcy judge (Manville Personal Injury Settlement Trust v. Thorpe Insulation Company Asbestos Settlement Trust, No. 1:17-ap-1186, S.D. N.Y. Bkcy.).

  • December 18, 2019

    Estate, Manville Broker Debate Supplemental Ruling In 2nd Circuit

    NEW YORK — Supplemental authority provided by an asbestos plaintiff’s law firm to support its position that its client, not the firm, is the real party in interest for claims against a debtor’s insurance broker actually back the broker’s position that the mislabeling of parties renders the claims invalid, the broker says in its Dec. 16 letter to the Second Circuit U.S. Court of Appeals in reply (In re Johns-Manville Corp., Marsh USA, Inc. v. The Bogdan Law Firm, No. 18-2531, 2nd Cir.).

  • December 17, 2019

    Johnson & Johnson Cleared In Latest Asbestos-Talc Trial

    LOS ANGELES — Johnson & Johnson prevailed in the latest lawsuit claiming that asbestos in its baby powder caused a woman’s mesothelioma after a California jury found in its favor on Dec. 16, sources told Mealey Publications (Pui Fong, et al. v. Johnson & Johnson, No. BC675449, Calif. Super., Los Angeles Co.). VIDEO FROM THE TRIAL IS AVAILABLE.

  • December 16, 2019

    Louisiana Appellate Court Ups Damages Award In Asbestos Case

    NEW ORLEANS — A jury’s issued an “unconscionably low” award given the evidence of a mesothelioma sufferer’s pain and suffering, a Louisiana court held Dec. 11 (Jerry Bagwell v. Union Carbide Corp., et al., No. 2019-CA-0414, La. App., 4th Dist., 2019 La. App. Unpub. LEXIS 336).

  • December 13, 2019

    U.S. Trustee Opposes Imerys’ Settlement With Prepetition Law Firm

    WILMINGTON, Del. — A proposed $500,000 settlement with a law firm to pay some of its fees for work done preparing Imerys Talc America Inc. to file a Chapter 11 petition should not be approved because the debtor failed to show that the deal is fair and reasonable, the U.S. Trustee’s Office says in a Dec. 10 objection in Delaware federal bankruptcy court (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

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