Mealey's Asbestos Bankruptcy

  • June 15, 2021

    Post-Bankruptcy Conduct Of Manville Affiliate Targeted, Woman Tells 2nd Circuit

    NEW YORK — A federal bankruptcy court and a federal district court both “fundamentally erred” in finding that a woman’s asbestos personal injury claims were discharged in the Johns-Manville Corp. Chapter 11 case because the claims target the actions of a successor to a Johns-Manville affiliate that occurred after the bankruptcy case, the claimant argues in a June 2 reply brief in the Second Circuit U.S. Court of Appeals.

  • June 09, 2021

    Ohio Asbestos Jury Awards $12.1 Million Against Gasket Company

    ELYRIA, Ohio — An Ohio court awarded an asbestos plaintiff $6 million in punitive damages on June 4, bringing the total award against a gasket company to $12.1 million, sources told Mealey Publications.

  • June 03, 2021

    Judge Quashes Asbestos Trust Subpoenas, Says More Protections Needed For Info

    WILMINGTON, Del. — A Delaware federal judge on June 1 quashed subpoenas from Chapter 11 debtor Bestwall LLC seeking claimant information from asbestos trusts so it can estimate its own asbestos liability but allowed Bestwall to reissue the subpoenas with stronger protections for the claimants’ personal information.

  • June 01, 2021

    Supreme Court Leaves J&J With $2.1B Asbestos-Talc Verdict

    WASHINGTON, D.C. — Two Johnson & Johnson entities remain liable for a $2.1 billion asbestos-talc verdict after the U.S. Supreme Court on June 1 turned away the defendants’ petition challenging whether consolidation of the 22 plaintiffs raised due process concerns.

  • May 26, 2021

    CertainTeed Debtor DBMP Given Extra Time To Develop Consensual Reorganization Plan

    CHARLOTTE, N.C. — A three-day hearing on a preliminary injunction request and the pursuit of discovery for the estimation of asbestos liability have kept Chapter 11 debtor DBMP LLC busy over the past few months, but the company now has extra time to file a plan of reorganization after a North Carolina federal bankruptcy judge on May 12 extended its exclusive periods.

  • May 26, 2021

    Bestwall Committee’s Stay Request For Appeal Of Claimant Questionnaire Denied

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on May 12 denied a request by the Official Committee of Asbestos Claimants in the Chapter 11 case of Bestwall LLC to stay her approval of a claimants’ questionnaire to help estimate the debtor’s asbestos liability, saying the committee probably won’t succeed in its appeal of the questionnaire.

  • May 25, 2021

    Bankruptcy Judge Keeps Cyprus Mines’ Tort Claimants’ Committee Intact

    WILMINGTON, Del. — A Delaware federal bankruptcy judge on May 18 denied a request to reform the Official Committee of Tort Claimants in the Chapter 11 case of Imerys Talc America Inc. affiliate Cyprus Mines Corp. due to alleged conflicts of interest of most of the U.S. trustee-appointed committee members, saying there is no evidence that the current committee members breached their fiduciary duty to other asbestos claimants.

  • May 25, 2021

    Garrett Motion Inc. Debtors Win Confirmation Of Reorganization Plan

    NEW YORK — The Chapter 11 plan of reorganization for debtor Garrett Motion Inc. and affiliates, which entered bankruptcy in part due to asbestos claims, is feasible and was filed in good faith, a New York federal bankruptcy judge found April 26 in confirming the plan.

  • May 21, 2021

    California Court Affirms Liability, $25M Verdict In Asbestos Compressor Case

    LOS ANGELES — A trial court did not err in disregarding a spreadsheet of mesothelioma verdicts submitted in a motion for a new trial as such challenges are limited to the trial record and nothing suggests that the 60% liability finding or $25 million in noneconomic damages are improper, a California appeals court said May 18.

  • May 19, 2021

    Oklahoma Court Affirms Discovery Ruling, $8M Asbestos Verdict

    OKLAHOMA CITY — A trial judge properly excluded evidence of third-party liability for a man’s mesothelioma after finding that asbestos defendants’ discovery responses on the issue were inadequate and that causation evidence at trial supports the jury’s verdict, a divided Oklahoma appeals court said May 18 in affirming a more than $8 million award.

  • May 19, 2021

    Virtual Asbestos-Talc Trial In Washington Settles After Opening Statements

    SEATTLE — A Washington virtual trial settled May 17, after the jury heard opening statements in which Johnson & Johnson entities and a former teacher suffering from mesothelioma sparred over whether the company’s consumer talc products contained asbestos.

  • May 14, 2021

    Lack Of Error, Verdict Award Weigh Against Woman’s Appeal, 2nd Circuit Told

    NEW YORK — A federal bankruptcy court and district court both correctly held that a woman’s asbestos personal injury claims were discharged in the Johns-Manville Corp. Chapter 11 case and channeled to the company’s asbestos trust because her first exposure occurred years before the company filed for bankruptcy protection, a successor to a Johns-Manville affiliate says in a May 12 response brief in the Second Circuit U.S. Court of Appeals.

  • May 13, 2021

    Imerys Talc Debtors Say FCR Appointment Should Be Upheld By 3rd Circuit

    PHILADELPHIA — A federal court did not err in appointing a future claimants’ representative (FCR) in the Chapter 11 case of Imerys Talc America Inc. because insurers challenging the appointment failed to press their conflict-of-interest argument on time and the bankruptcy court acted within its discretion in making the appointment, the debtor says May 10 in response to the insurers’ appeal to the Third Circuit U.S. Court of Appeals.

  • May 11, 2021

    Ohio Judge Lacked Power, Jurisdiction To Extend Company Dissolution, Court Says

    CLEVELAND — A specialized asbestos trial court lacked jurisdiction and authority when it extended the period for filing claims against a dissolved corporation and appointed a receiver, an Ohio appeals court said April 22 in reversing.

  • May 11, 2021

    Tennessee Enacts Legislation Targeting Over-Naming Of Asbestos Defendants

    NASHVILLE, Tenn. — Tennessee Gov. Bill Lee on April 30 signed into law legislation giving asbestos plaintiffs 30 days from the filing of a complaint to produce the evidence that serves as the basis for each named defendant.

  • May 10, 2021

    4th Circuit Says Production Floor Visits Don’t Satisfy Lohrmann

    RICHMOND, Va. — A man presented nothing more than speculation that trips to a production floor would have resulted in asbestos exposure and is unable to meet the causation standard in Lohrmann v. Pittsburgh Corning Corp., a Fourth Circuit U.C. Court of Appeals panel said April 27 in affirming summary judgment for a defendant.

  • May 10, 2021

    Bankruptcy Judge OKs Disclosure Statement Of Asbestos Debtor Fairbanks

    ROME, Ga. — A Georgia federal bankruptcy judge on May 4 approved the disclosure statement for the plan of reorganization of Chapter 11 debtor The Fairbanks Co., setting June 24 as the deadline for asbestos claimants to vote on whether to accept the plan and its proposed asbestos trust.

  • May 04, 2021

    Paddock Enterprises Says It Has Reached Agreement On Plan, $610M Asbestos Trust

    WILMINGTON, Del. — Chapter 11 debtor Paddock Enterprises LLC has reached an agreement with asbestos claimants’ representatives on a consensual plan of reorganization that includes establishment of a $610 million trust to pay asbestos personal injury claims, the debtor says in an April 30 motion seeking to extend its exclusive periods for filing the plan.

  • May 03, 2021

    Judge: Fraud Claims Against Kaiser Gypsum Require State Court Coverage Ruling

    CHARLOTTE, N.C. — A California court must determine whether fraud claims leveled against Chapter 11 debtor Kaiser Gypsum Co. Inc. by plaintiffs in two state asbestos actions are covered by Kaiser’s insurance, and the claims are stayed until a ruling on the issue, a North Carolina federal bankruptcy judge ruled March 29.

  • April 27, 2021

    Debtor ON Marine Seeks To Continue Talks Over Consensual Chapter 11 Plan

    PITTSBURGH — Negotiating with insurers and asbestos claimants over the terms of settlements for coverage disputes has kept Chapter 11 debtor ON Marine Services Company LLC busier than it expected, and more time is needed to hammer out the deals, the company tells a Pennsylvania federal bankruptcy court in an April 20 motion to extend its exclusive periods.

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