Mealey's Asbestos Bankruptcy

  • March 25, 2021

    Final Decree Closes Case Of Defunct Boiler Company Fraser’s Boiler Service

    TACOMA, Wash. — A Washington federal bankruptcy court on March 9 issued a final decree closing the Chapter 11 case of defunct Fraser’s Boiler Service Inc., which used the case to liquidate its assets, establish a liquidating trust to resolve asbestos claims and reach settlements with 109 asbestos claimants who had agreed to mediate their claims rather than continue to litigate them in the tort system.

  • March 24, 2021

    Aldrich Pump Debtors Granted Extension To File Consensual Reorganization Plan

    CHARLOTTE, N.C. — Chapter 11 debtors Aldrich Pump LLC and Murray Boiler LLC got more time to work on the “complex issues” involved in their asbestos-driven case when a North Carolina federal bankruptcy judge on Feb. 25 gave them three more months to have the exclusive right to file a plan of reorganization.

  • March 24, 2021

    Garrett Motion Inc. Debtors Get Approval For Plan Disclosure Statement

    NEW YORK — A New York federal bankruptcy judge on March 12 approved the disclosure statement for the plan of reorganization of Chapter 11 asbestos debtor Garrett Motion Inc. and affiliates, paving the way for an April plan confirmation hearing and a quick exit from a bankruptcy that was caused in part by the coronavirus pandemic.

  • March 23, 2021

    FCR In Ingersoll-Rand Entities’ Chapter 11 Says Asbestos Claims Should Be Enjoined

    CHARLOTTE, N.C. — Without an injunction barring the pursuit of asbestos personal injury claims against Chapter 11 debtors Aldrich Pump LLC and Murray Boiler LLC and their affiliates and insurers, the entire purpose of the joint bankruptcy case to resolve the claims through an asbestos trust will be rendered moot, the future claimants’ representative (FCR) says in a March 19 brief in North Carolina federal bankruptcy court.

  • March 23, 2021

    Imerys Talc Insurers Say FCR Should Be Disqualified Over ‘Textbook’ Conflict

    PHILADELPHIA — An attorney’s conflict of interest in representing future asbestos claimants in the Chapter 11 case of Imerys Talc America Inc. and insurers of Imerys in a separate asbestos liability case dooms his appointment as future claimants’ representative (FCR) in Imerys’ case, the insurers tell the Third Circuit U.S. Court of Appeals on March 10 in their appeal of the FCR appointment.

  • March 23, 2021

    California Jury Awards $2.69M In Long-Running Virtual Asbestos Case

    SAN FRANCISCO — Nearly six months after an all-virtual trial started, a California asbestos case ended March 8 with a $2,696,700 verdict in favor of a mesothelioma sufferer.

  • March 22, 2021

    Judge: Exposure Knowledge A Jury Question In FELA Asbestos Case

    SEATTLE — Merely telling a doctor of potential asbestos exposures at work does not start the clock on a Federal Employers Liability Act (FELA) claim, and the question of when a claimant knew of the occupational source of his disease is a jury question under Ninth Circuit U.S. Court of Appeals precedent, a federal judge in Washington said March 10 in adopting a report and recommendation denying a railway summary judgment.

  • March 18, 2021

    Bankruptcy Judge OKs Bestwall’s Liability Discovery Requests, Denies Committee’s

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge on March 4 entered docket orders in favor of Chapter 11 debtor Bestwall LLC on two procedures for estimating the company’s asbestos liability and against the Official Committee of Asbestos Claimants, which had sought approval of four different estimation procedures.

  • March 17, 2021

    Judge Won’t Grant Blanket Exclusion Of Asbestos Bankruptcy Documents

    NEW ORLEANS — Because exceptions exist under which asbestos bankruptcy documents could be admitted at trial, a blanket exclusion would be inappropriate, a federal judge in Louisiana said March 12 in denying reconsideration.

  • March 16, 2021

    Claimants’ Committee Named For Cyprus Mines Talc Bankruptcy Case

    WILMINGTON, Del. — The U.S. trustee for the new Chapter 11 case of Imerys Talc America Inc. affiliate Cyprus Mines Corp. on March 4 named seven asbestos claimants and claimants’ representatives to an Official Committee of Tort Claimants to represent the interests of all current asbestos claimants in the case.

  • March 12, 2021

    Owens-Illinois Debtor Paddock Granted Extension For Filing Reorganization Plan

    WILMINGTON, Del. — Owens-Illinois Inc. affiliate and Chapter 11 debtor Paddock Enterprises LLC has more time to work on a consensual plan of reorganization after a Delaware federal bankruptcy judge on Feb. 19 approved an extension of the debtor's exclusive periods.

  • March 12, 2021

    Talc Debtor Imerys Gets Injunction To Stop Actions Against Nondebtor Companies

    WILMINGTON, Del. — A Delaware federal bankruptcy judge approved a preliminary injunction Feb. 22 in an adversary action filed by Chapter 11 asbestos debtor Imerys Talc America Inc., halting hundreds of personal injury suits against nondebtor affiliates so Imerys can enter into a settlement with the affiliates, as called for in their proposed plan of reorganization.

  • March 12, 2021

    5th Circuit Affirms Employer’s Summary Judgment In NASA Asbestos Case

    NEW ORLEANS — A case involving a NASA engineer’s alleged asbestos exposures belonged in federal court, did not involve prejudicial discovery violations and cannot escape Louisiana’s workers’ compensation exclusivity provision, a Fifth Circuit U.S. Court of Appeals panel said March 9 in withdrawing a previous opinion and affirming a lower court.

  • March 12, 2021

    Jury Returns Defense Verdict In Virtual Refractory Product Asbestos Trial

    SEATTLE — A virtual Washington state jury returned a defense verdict March 10, rejecting a mesothelioma sufferer’s claim that his disease arose from exposure to a company’s refractory products, sources told Mealey Publications.

  • March 04, 2021

    $2.1B Asbestos-Talc Verdict Infected By Trifecta Of Issues, J&J Tells High Court

    ST. LOUIS — Consolidation of individuals with different medical histories, situations and some with no connection to the state papered over differences inherent in the 22 cases and, combined with questionable Missouri law on punitive damages, produced a $2.1 billion judgment in an asbestos-talc case, an award so implausible it warrants review of how courts handle mass torts, two Johnson & Johnson entities tell the Supreme Court in a March 2 writ petition.

  • March 04, 2021

    Judge Lifts Injunction On Covil Receiver’s Asbestos Actions Against Insurers

    CHARLESTON, S.C. — A ruling enjoining a dissolved company’s receiver from acting against insurers in state court asbestos actions was “improperly broad” and rendered it impossible for the receiver to perform assigned tasks, a federal judge in South Carolina said March 1 in granting reconsideration and withdrawing the injunction.

  • March 03, 2021

    Kaiser Gypsum Insurers Join Motion For Sanctions Against State Court Plaintiffs

    CHARLOTTE, N.C. — A dozen insurers of Chapter 11 debtor Kaiser Gypsum Co. Inc. on March 2 joined an effort by another insurer to block state court asbestos claims against the debtor and sanction the plaintiffs, saying sanctions are appropriate given the “willful violations of the automatic stay” committed by the plaintiffs and their attorneys.

  • February 25, 2021

    United States Won’t Intervene In Libby, Mont., Asbestos False Claims Screening Suit

    MISSOULA, Mont. — The United States on Feb. 18 declined to intervene in a False Claims Act lawsuit in which a railroad alleges that a Libby, Mont., screening company crafted an asbestos-related disease only it can diagnose to certify thousands of patients as eligible for a special Patient Protection and Affordable Care Act (ACA) Medicare program, all while lacking the expertise or tools required to render such a diagnosis.

  • February 25, 2021

    Kaiser Gypsum Insurer Withdraws 1 Sanctions Request Against State Court Claimants

    CHARLOTTE, N.C. — An insurer of Chapter 11 debtor Kaiser Gypsum Co. Inc. on Feb. 23 dropped its bid for sanctions against a couple who filed state court asbestos fraud claims against the debtor, saying it is withdrawing its request for sanctions due to the death of the husband but that it is continuing with its request against another couple and their law firm.

  • February 25, 2021

    FCR Allowed To Join DBMP’s Effort To Halt Asbestos Actions

    CHARLOTTE, N.C. — A North Carolina federal bankruptcy judge in a Feb. 11 minute order allowed the future claimants’ representative (FCR) in the Chapter 11 case of DBMP LLC to intervene in an adversary action filed by the debtor seeking to temporarily block the prosecution of all asbestos personal injury claims against DBMP and its affiliates, including the former CertainTeed Corp.

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