Mealey's Asbestos Bankruptcy

  • March 25, 2020

    Coronavirus Pandemic Delays Confirmation Hearing For Kaiser Gypsum Debtors

    CHARLOTTE, N.C. — The confirmation hearing for Kaiser Gypsum Co. Inc.’s plan of reorganization has been pushed back to July due to the worldwide new coronavirus pandemic, according to a notice filed by the debtor March 24 in North Carolina federal bankruptcy court (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).

  • March 25, 2020

    Bestwall, Georgia-Pacific, Asbestos Claimants Get OK To Extend Mediation

    CHARLOTTE, N.C. — Mediation among Chapter 11 debtor Bestwall LLC, affiliate Georgia-Pacific LLC and asbestos claimants’ representatives to resolve disputes over a plan for the debtor to reorganize was extended March 24 by a North Carolina federal bankruptcy judge at the request of all parties (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).

  • March 23, 2020

    Johnson & Johnson Looks To File Plan In Talc Suppliers’ Bankruptcy

    WILMINGTON, Del. — Health care products conglomerate Johnson & Johnson on March 20 sought to take over the Chapter 11 case of its longtime talc suppliers, saying in two filings in Delaware federal bankruptcy court that the debtors should not be given more time to propose a reorganization plan and the automatic stay should be lifted to allow Johnson & Johnson to assume defense to thousands of talc asbestos personal injury claims (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

  • March 20, 2020

    Kaiser Gypsum Insurers To Pay $50.6 Million For Superfund Site Cleanup Costs

    CHARLOTTE, N.C. — Ten settlements with insurers of Chapter 11 debtor Kaiser Gypsum Co. Inc. that will bring more than $50 million to an escrow fund to pay for the cleanup of two polluted sites in Washington state received approval March 12, according to a North Carolina federal bankruptcy court docket entry (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).

  • March 19, 2020

    Bestwall Opposes Appeals By Asbestos Claimants Of Injunction Orders

    CHARLOTTE, N.C. — Asbestos claimants’ “charged rhetoric and misstatements” about the 2017 corporate restructuring of Georgia-Pacific that resulted in the bankruptcy of affiliate Bestwall LLC have no place in appeals of orders enjoining asbestos claims against the debtor, Georgia-Pacific and others, the debtor says in a Feb. 28 response in North Carolina federal court (Official Committee of Asbestos Claimants of Bestwall LLC v. Bestwall LLC, No. 3:20-cv-103, Sander L. Esserman v. Bestwall LLC, No. 3:20-cv-105,W.D. N.C.).

  • March 19, 2020

    On Remand From Delaware High Court, Judge Affirms $40.62M Asbestos Verdict

    WILMINGTON, Del. — Evidence of the suffering mesothelioma victims undergo and the pain a man’s family felt watching the process supports a jury’s $40,625,000 award in an asbestos case against Ford Motor Co., a Delaware judge held March 3 (In re: Asbestos Litigation, Paula Knecht, et al. v. Ford Motor Co., No N14C-08-164 ASB, Del. Super., New Castle Co., 2020 Del. Super. LEXIS 132).

  • March 17, 2020

    Asbestos Claimant’s Firm Seeks Rehearing In Effort To Hold Manville Broker Liable

    NEW YORK — A Second Circuit U.S. Court of Appeals panel could not have possibly determined whether published notice of Johns-Manville Corp.’s bankruptcy afforded adequate due process to future asbestos claimants of the company’s insurance broker because a copy of the actual notice was never entered into evidence, a claimant’s law firm says in a March 5 petition for rehearing (In re Johns-Manville Corp., Marsh USA, Inc. v. The Bogdan Law Firm, No. 18-2531, 2nd Cir.).

  • March 13, 2020

    Montana High Court:  BNSF Must Face Asbestos-Tainted Vermiculite Transport Claims

    HELENA, Mont. — Plaintiffs’ claims against a railway that hauled asbestos-tainted vermiculite from Libby, Mont., are not preempted, and the company can be strictly liable for abnormally dangerous activity performed outside its statutory public duty and may not refute causation by assigning blame to W.R. Grace & Co., the Montana Supreme Court held March 11 (BNSF Railway Co. v. The Asbestos Claims Court of the State of Montana, et al., Nos. OP 19-0085, Mont. Sup.).

  • March 13, 2020

    Asbestos Claimant Reps Slam Trustee’s Request For Examiner In Paddock Case

    WILMINGTON, Del. — The Official Committee of Asbestos Personal Injury Claimants and the proposed future claimants’ representative (FCR) in the new Chapter 11 case of Owens-Illinois affiliate Paddock Enterprises LLC joined with the debtor March 11 in Delaware federal bankruptcy court filings in objecting to a request by the U.S. trustee to appoint an examiner, with the committee calling the trustee’s reasoning “absurd” (In re Paddock Enterprises, LLC, No. 20-10028, D. Del. Bkcy.).

  • March 11, 2020

    Debtor Opposes, United States Backs Probe Of Owens-Illinois’ Corporate Restructuring

    WILMINGTON, Del. — An examiner is not needed to investigate the corporate restructuring of Owens-Illinois and resulting Chapter 11 filing of an affiliate to deal with all asbestos and environmental liabilities because the debtor’s asbestos disease creditors are already looking into the transactions, making another probe a waste of time and money, the debtor argues in a March 9 objection in Delaware federal bankruptcy court (In re Paddock Enterprises, LLC, No. 20-10028, D. Del. Bkcy.).

  • March 10, 2020

    New York Jury Clears 2 In World Trade Center Asbestos Case

    NEW YORK — A New York jury hearing a case of alleged exposure to asbestos during the construction of the World Trade Center returned a verdict for the two remaining defendants on March 6, sources told Mealey Publications (Sharon Epstein, et al. v. Atlas Turner Inc., et al., No. 190065/2017, N.Y. Sup., New York Co.).

  • March 10, 2020

    Kaiser Gypsum Debtors, Asbestos Reps Seek To Exclude Expert Testimony

    CHARLOTTE, N.C. — An expert for insurers should not be allowed to testify at the confirmation hearing for Kaiser Gypsum Co. Inc. debtors’ plan of reorganization because the insurers don’t have standing to assert objections to the plan and the expert’s opinions are irrelevant, the debtors argue in a Feb. 27 motion in limine in North Carolina federal bankruptcy court (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).

  • March 09, 2020

    FDA Issues Final Report On Asbestos In Cosmetic Talc Products

    SILVER SPRING, Md. — Testing showed that nine out of 52 talc-containing cosmetics contained asbestos, the U.S. Food and Drug Administration announced in a March 9 press release summarizing a yearlong investigation.

  • March 09, 2020

    Oregon Jury Awards $6.2M In Asbestos Case Against Kaiser Gypsum

    PORTLAND, Ore. — An Oregon jury on Feb. 7 awarded nearly $6.22 million in an asbestos case against Kaiser Gypsum Co. (Donald E. Miller, et al. v. Kaiser Gypsum Company Inc., No. 19CV08509, Ore. Cir., Multnomah Co.).

  • March 09, 2020

    Study Links Airborne Asbestos From J&J Talc To Ovarian Cancer

    PHILADELPHIA — Johnson & Johnson’s cosmetic talcum powder products contain asbestos, and airborne exposure can lead to ovarian cancer, according to an abstract of a study of 10 mesothelioma sufferers performed by well-known plaintiffs’ experts.

  • March 09, 2020

    U.S. Trustee Says FCR Hiring, Other Actions Should Await Restructuring Probe

    WILMINGTON, Del. — The U.S. trustee filed six objections March 4-6 in Delaware federal bankruptcy court in the new Chapter 11 case of Owens-Illinois’ spinoff Paddock Enterprises LLC, opposing debtor proposals ranging from the appointment of a future claimants’ representative (FCR) to the hiring of bankruptcy counsel for the debtor (In re Paddock Enterprises, LLC, No. 20-10028, D. Del. Bkcy.).

  • March 06, 2020

    Judge Dismisses Insurer’s Asbestos Coverage Dispute Against Individuals, Trustee

    NEW ORLEANS — In two orders issued March 4, a federal judge in Louisiana granted individual defendants and a trustee’s motions to dismiss an insurer’s lawsuit seeking both a declaration that it has no further duty to pay asbestos-related claims arising out of its insured’s acts or omissions and reimbursement from the trust for any fees and costs incurred in connection with the underlying claims (Liberty Mutual Insurance Company v. Daniel Joseph Boullion, et al., No. 19-9845, E.D. La., 2020 U.S. Dist. LEXIS 37261).

  • March 03, 2020

    Mediation Session Extended For Insurer Row With Imerys, Claimants

    WILMINGTON, Del. — Mediation to possibly settle disputes among Chapter 11 debtor Imerys Talc America Inc., one of its insurers and tort claimants’ representatives was extended by a day Feb. 26 under an amended mediation order filed by a Delaware federal bankruptcy judge (In re:  Imerys Talc America, Inc., et al., No. 19-10289, D. Del. Bkcy.).

  • March 03, 2020

    Former Chapter 11 Debtor Protected From State Court Claims, Judge Rules

    BALTIMORE — A widow cannot pursue state court asbestos claims against a reorganized company for the death of her husband from mesothelioma because, though an unknown creditor at the time of the company’s bankruptcy case, she received due process through the company’s adequate publication notices, a Maryland federal bankruptcy judge held March 2 (In re RailWorks Corporation, et al., No. 01-64463, L.K. Comstock & Company, Inc. v. Irene Reibie, et al., Adv. No. 19-00199, D. Md. Bkcy., 2020 Bankr. LEXIS 551).

  • March 02, 2020

    Florida Jury Hearing Asbestos-Talc Case Awards $9 Million

    MIAMI — A Florida jury on Feb. 27 awarded $9 million to woman for mesothelioma she contracted after exposure to asbestos through lifelong use of consumer talc, sources told Mealey Publications (Blanca Moure-Cabrera v. Johnson & Johnson, et al., No. 19-000727-CA, Fla. Cir., Miami-Dade Co.).