Subscribe: LexisNexis® Mealey's™ Asbestos Bankruptcy Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_asbestosbankruptcy.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
asbestos  bankruptcy judge  bankruptcy  chapter debtor  chapter  court  debtor  federal bankruptcy  federal  judge  new york 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Asbestos Bankruptcy Legal News

LexisNexis® Mealey's™ Asbestos Bankruptcy Legal News



Headline Asbestos Bankruptcy Legal News from LexisNexis®



 



Energy Future's Plan Confirmed Despite Objections By Asbestos Claimants
WILMINGTON, Del. - A Delaware federal bankruptcy judge on Feb. 27 confirmed the revised plan of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) over the objections of several asbestos claimants who said the plan's treatment of claimants who have not yet developed an asbestos disease is unlawful and the plan was proposed in bad faith (In re Energy Future Holdings Corp., et al., No. 14-10979, D. Del. Bkcy.).



Asbestos Claimants Approve, Judges Confirm Geo. V. Hamilton's Plan, Asbestos Trust
PITTSBURGH - With 99 percent of asbestos personal injury claimants voting to approve the plan of reorganization for Chapter 11 debtor Geo. V. Hamilton Inc., a Pennsylvania federal bankruptcy judge and federal district court judge confirmed the plan Feb. 27 after a one-day hearing (In re Geo. V. Hamilton, Inc., No. 15-23704, W.D. Pa. Bkcy.).



Thorpe Trust Says Manville Trust Violating Agreement By Not Paying Indemnification
NEW YORK - The Manville Personal Injury Settlement Trust in New York is in breach of a 1994 indemnity agreement among asbestos producer Johns-Manville Corp. and asbestos product distributors, so it should be ordered to pay its share of $170 million the Thorpe Insulation Company Asbestos Settlement Trust in California has paid to claimants, the Thorpe Trust says in a Feb. 15 answer and counterclaim in New York federal bankruptcy court (Manville Personal Injury Settlement Trust v. Thorpe Insulation Company Asbestos Settlement Trust, No. 1:17-ap-1186, S.D. N.Y. Bkcy.).



Chamber Group Says Lack Of Accountability Is Draining Trust Assets
WASHINGTON, D.C. - The U.S. Chamber of Commerce's Institute for Legal Reform (ILR) released a 28-page report March 8 stating that asbestos bankruptcy trusts are paying claimants less and are running out of money to pay future claimants, with overpaid lawyers looking to defraud the trust system to blame in part.



Asbestos Bankruptcy Trust Legislation Passes In Missouri House
JEFFERSON CITY, Mo. - The Missouri House of Representatives on March 8 approved a measure proponents claim will shed more light and transparency into the asbestos litigation and bankruptcy claims process.



Judge Largely Allows Insurers' Suit Seeking Recovery From Asbestos Law Firm
GALVESTON, Texas - Insurers may largely proceed with their Employee Retirement Income Security Act case seeking recovery of monies they spent on insured's medical care and for which the insureds allegedly were compensated from asbestos bankruptcy trusts, a federal judge in Texas held March 16 (Humana Inc., et al. v. Brent W. Coon P.C., a/k/a Brent Coon & Associates, et al., No. 16-240, S.D. Texas).



Law Firm Seeking Liability For Johns-Manville Broker Appeals To District Court
NEW YORK - A Texas law firm will take its fight to hold Johns-Manville Corp.'s insurance broker independently liable for asbestos personal injury claims to New York federal court, filing a notice of appeal Feb. 12 of a bankruptcy judge's ruling barring the firm's in personam claims against the broker (In re Johns-Manville Corporation, et al., No. 1:18-cv-01228, S.D. N.Y.).



Competing Offer Boosts Sale Price For Bestwall's Claim In Insurer's Liquidation
CHARLOTTE, N.C. - A competing bid to purchase an asbestos policy of a defunct insurer of Chapter 11 debtor Bestwall LLC was matched by the original buyer, bringing an extra $82,500 to Bestwall's estate to benefit asbestos claimants, the debtor says in a March 19 notice filed in North Carolina federal bankruptcy court (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).



Insurer Granted Relief From Kaiser Gypsum's Stay To Seek Settlement Reimbursement
CHARLOTTE, N.C. - An insurer of Chapter 11 debtor Hanson Permanente Cement Inc. won relief from the automatic bankruptcy stay March 7 in North Carolina federal bankruptcy court so it can pursue $2.8 million in reimbursements from other insurers for settlement payments made to asbestos personal injury claimants under a 2009 agreement (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).



G-I Holdings Pays $775,000 To Settle New York Housing Authority's Indemnity Claims
NEWARK, N.J. - Reorganized Chapter 11 debtor G-I Holdings Inc. will pay $775,000 to the New York City Housing Authority (NYCHA) to settle the authority's indemnity and restitution claims for removal of G-I's asbestos-containing material in authority buildings, according to a stipulation and order filed Feb. 2 in New Jersey federal bankruptcy court (In re: G-I Holdings Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy.).



Garlock Sealing Debtors Ask Bankruptcy Court To Close Chapter 11 Cases
CHARLOTTE, N.C. - Reorganized Chapter 11 debtor Garlock Sealing Technologies LLC asked a North Carolina federal bankruptcy court March 9 to issue a final decree and close its long-running case, which included a landmark ruling identifying alleged fraud in the asbestos trust system by attorneys and claimants (In re: Garlock Sealing Technologies, LLC, et al., No. 3:17-cv-275, W.D. N.C.).



Mediation Between IRS, W.R. Grace Over Tax Refund Ruling Fails
WILMINGTON, Del. - A dispute between the Internal Revenue Service and reorganized chemical conglomerate W.R. Grace & Co. over a $1.6 million tax refund heads back to Delaware federal court on appeal after the parties on March 14 told the court that mediation was not successful (In re: W.R. Grace & Co., et al., United States of America v. W.R. Grace & Co., et al., No. 17-cv-1588, D. Del.).



Sander Esserman To Represent Bestwall's Future Asbestos Claimants
CHARLOTTE, N.C. - Dallas attorney Sander L. Esserman will represent future asbestos personal injury claimants in the Chapter 11 case of Bestwall LLC, a North Carolina federal bankruptcy judge ordered Feb. 23 (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).



Case Settles After Trio Of Expert Asbestos Causation Opinions Admitted
MILWAUKEE - Sources told Mealey Publications that the last remaining defendant in a Wisconsin state asbestos case settled March 6 on the eve of trial, just days after the judge admitted expert causation testimony, concluding that the opinion that there is a de minimus level below which causation is impossible rendered the opinion that cumulative exposures lead to disease admissible under Daubert v. Merrill Dow Pharmaceuticals, Inc. (Sandra Brezonick, et al. v. A.W. Chesterton Co., et al., No. 23-CV-013189, Wis. Cir., Milwaukee Co.).



Employer: Expert, Damage Rulings Warrant Review After $18.6M Asbestos Verdict
AUSTIN, Texas - An appeals court imposed the wrong standard in reviewing the punitive damage portion of an $18.6 million asbestos verdict and created a "trap" in finding that the defendant waived the issue of whether radiation could have caused the mesothelioma, an employer told the Texas Supreme Court on Feb. 28 (The Goodyear Tire & Rubber Co. v. Vicki Lynn Rogers, et al., No. 18-0056, Texas Sup.).



Asbestos Defendants Take Maritime Bare-Metal Case To Supreme Court
PHILADELPHIA - The Third Circuit U.S. Court of Appeals conjured a foreseeability standard for the bare-metal defense from thin air, furthering cementing a circuit split on the issue of negligence liability for third-party parts and warranting review, companies told the U.S. Supreme Court on Jan. 31 (Air and Liquid Systems Corp, et al. v. Roberta G. DeVries, et al., Ingersoll Rand Co. v. Shirley McAfee, et al., No. 17-1104, U.S. Sup.).



Federal Judge Says New Jersey Take-Home Exposure Duty Extends To Home's Visitors
PHILADELPHIA - Applying logic New Jersey's top court first espoused in an asbestos case finding a duty to prevent household exposures, a federal judge in Pennsylvania said Feb. 21 that the duty also extends past spouses to a girlfriend who frequently visited an employee's residence (Brenda Ann Schwartz v. Accuratus Corp., No. 12-6189, E.D. Pa., 2018 U.S. Dist. LEXIS 27405).



Bankruptcy Judge Abstains From Hearing Injunction Bid For Superfund Site Claims
NEWARK, N.J. - A New Jersey federal bankruptcy judge on Jan. 26 abstained from deciding a request by former Chapter 11 debtor G-I Holdings Inc. to enforce its reorganization plan injunction to bar indemnification claims for cleanup of a polluted industrial site, saying a state court is "fully capable of adjudicating" the claims and G-I's injunction bid (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy., 2018 Bankr. LEXIS 214).



Man's Claims Against Johns-Manville Broker Barred, Court Rules Again
NEW YORK - An asbestosis sufferer "received due process in every possible respect" as a future claimant in the long-running Chapter 11 case of Johns-Manville Corp., so he cannot pursue in personam claims against the company's insurance broker, a New York federal bankruptcy judge held Jan. 24 on remand (In re Johns-Manville Corporation, et al., No. 82-11656, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 166).



Maryland Casualty Seeks Protection Of W.R. Grace Injunction For Asbestos Claims
WILMINGTON, Del. - An asbestos liability insurer of former Chapter 11 debtor W.R. Grace & Co. asked a Delaware federal bankruptcy judge Jan. 29 to enforce the protective injunction in the debtor's reorganization plan to halt claimants in Montana from pursuing asbestos claims against the insurer and to impose sanctions on the claimants' attorneys for continuing to prosecute the claims despite a prior order (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).



Rapid-American Denied Protective Order For Insurers' Subpoenas
NEW YORK - Chapter 11 debtor Rapid-American Corp. and asbestos claimants in its bankruptcy case do not have standing to challenge subpoenas served by insurers to asbestos claims-processing facilities seeking evidence of fraud in the asbestos trust system, and besides, the information sought is relevant to the debtor's declaratory judgment action against the insurers, a New York federal bankruptcy judge held Feb. 12 (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy., 2018 Bankr. LEXIS 378).



Kaiser Gypsum Debtors Agree To Claim Amount In Insolvent Insurers' Run-Off
CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Feb. 17 approved in a minute order a settlement between Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. and the joint scheme administrator for two insolvent British insurers, setting claim values for the debtors in the insurers' run-off proceedings (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).



Insurer Asks For Relief From Kaiser Gypsum's Stay To Seek Settlement Reimbursement
CHARLOTTE, N.C. - An insurer of Chapter 11 debtor Hanson Permanente Cement Inc. sought relief from the automatic bankruptcy stay Feb. 13 in North Carolina federal bankruptcy court so it can pursue $2.8 million in reimbursements from other insurers for settlement payments made to asbestos personal injury claimants under a 2009 agreement (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).



$750,000 For Claim In Insurer's Liquidation Is Best Deal, Bestwall Says
CHARLOTTE, N.C. - Chapter 11 debtor Bestwall LLC is willing to take $750,000 in cash now from a purchaser of a defunct insurer's asbestos policy rather than wait for years to see if it can collect the policy's remaining $3.75 million from the insurer's liquidation proceedings, Bestwall says in a Feb. 1 motion in North Carolina federal bankruptcy court (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).



Insurers Who Had Settlement Rejected Oppose Oakfabco's Disclosure Statement
CHICAGO - Chapter 11 debtor Oakfabco Inc. on Feb. 21 modified its plan of liquidation and disclosure statement to answer questions by three insurers whose $9.78 million settlement offer was rejected by the debtor and who filed the only objection to the disclosure statement in the Illinois federal bankruptcy court case (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).



Geo. V. Hamilton's Plan Draws Only Minor Objections From 2 Insurers
PITTSBURGH - Two insurers of Chapter 11 debtor Geo. V. Hamilton Inc. are the only parties to object to the company's plan of reorganization, and the objections are more like "caveats" that should be resolved in time for the plan confirmation hearing, the insurers said Feb. 20 in an objection and a joinder filed in Pennsylvania federal bankruptcy court (In re Geo. V. Hamilton, Inc., No. 15-23704, W.D. Pa. Bkcy.).



Geo. V. Hamilton Settles Dispute With Insurance Association For $6 Million
PITTSBURGH - A Pennsylvania insurance guaranty association will pay $6 million to the asbestos trust planned in the Chapter 11 case of debtor Geo. V. Hamilton Inc. to resolve a coverage dispute involving five policies issued to Hamilton by now-insolvent insurers, with a federal bankruptcy judge approving the deal Feb. 14 (In re Geo. V. Hamilton, Inc., No. 15-23704, W.D. Pa. Bkcy.).



Bestwall Nominates Sander Esserman As Future Claimants' Representative
CHARLOTTE, N.C. - Chapter 11 debtor Bestwall LLC asked a North Carolina federal bankruptcy court on Feb. 1 to appoint Dallas attorney Sander L. Esserman to represent future asbestos personal injury claimants in the case (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).



Mississippi Top Court Allows Asbestos Trust Setoffs From FELA Verdict
JACKSON, Miss. - Nothing in the state's precedent or the Federal Employers' Liability Act (FELA) precludes setting off an asbestos verdict with amounts recovered from asbestos trusts, a divided Mississippi Supreme Court held Feb. 15 (Illinois Central Railroad Co. v. Bennie Oakes, et al., No. 2015-TS-00644, Miss. Sup., 2018 Miss. LEXIS 67).



Arizona Jury Returns Defense Verdict In Asbestos Pipe Case
PHOENIX - An Arizona jury on Feb. 1 returned a defense verdict for CertainTeed Corp. after hearing earlier in the day that plaintiffs had not shown asbestos exposure from the company's pipe and that the case rests on pieces of evidence taken out of context, sources told Mealey Publications (Francisco Herrera, et al. v. CertainTeed Corp., et al., No. CV2014-009632, Ariz. Super., Maricopa Co. VIDEO FROM THE TRIAL IS AVAILABLE.).



Ohio Supreme Court Finds Cumulative Asbestos Exposure Opinion Lacking
CLEVELAND - Testimony that cumulative asbestos exposures all contribute to mesothelioma does not meet the standard for causation in Ohio, the state's supreme court held Feb. 8 in reversing a ruling that affirmed a more than $1 million judgment against Honeywell International Inc. (Mark Schwartz, et al. v. Honeywell International Inc., et al., No. 2016-1372, Ohio Sup.).



City Didn't Waive Asbestos-Claim Immunity, Colorado High Court Rules
DENVER - The city of Colorado Springs' complete demolition of an office building did not constitute construction or maintenance of the facility and did not waive its sovereign immunity protection against an asbestos claim, the Colorado Supreme Court held Feb. 5 (Smokebrush Foundation, et al. v. City of Colorado Springs, No. 2018 CO 10, Colo. Sup.).



Couple Wants Review Of Pennsylvania Fair Share Act Asbestos Liability Ruling
PHILADELPHIA - An appellate court erred in concluding that Pennsylvania's Fair Share Act overrode the existing per capita equal share basis for dividing liability in asbestos cases and in allowing a jury to consider bankrupt defendants as well, a couple told the Pennsylvania Supreme Court Jan. 26 (William Roverano, et al. v. John Crane Inc., et al., Nos. 58 EAL 2018, Pa. Sup.).



Vice Chancellor Sends Insurers' Audit Dispute With Asbestos Trust To Trial
WILMINGTON, Del. - Insurers' rights to audit the T H Agriculture & Nutrition LLC (THAN) asbestos trust for evidence fraud must be decided at trial because the insurers and the trust put forth reasonable definitions of what those audit rights are, defeating summary judgment or dismissal, a Delaware state vice chancellor decided Jan. 11 (AIU Insurance Company, et al. v. Philips Electronics North America Corporation, et al., No. 9852, Del. Chanc.).



Bestwall Judge Stands By Hiring Of 2 Law Firms For Asbestos Claimants' Team
CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Jan. 4 refused to reconsider her decision to allow two law firms as local counsel to represent the Official Committee of Asbestos Personal Injury Claimants in the Chapter 11 case of Bestwall LLC, saying the hirings will not necessarily result in a duplication of work or drive up costs, as the U.S. bankruptcy administrator had argued (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).



Geo. V. Hamilton's Disclosure Statement Wins Conditional Approval
PITTSBURGH - A Pennsylvania federal bankruptcy judge on Jan. 16 conditionally approved the disclosure statement for Chapter 11 debtor Geo. V. Hamilton Inc.'s plan of reorganization, finding that the statement provides "adequate information" to claim holders under the U.S. Bankruptcy Code (In re Geo. V. Hamilton, Inc., No. 15-23704, W.D. Pa. Bkcy.).



Kaiser Gypsum Receives Final Extension For Filing Chapter 11 Plan
CHARLOTTE, N.C. - Chapter 11 debtor Kaiser Gypsum Co. got its last chance to have the exclusive right to map out the company's reorganization when a North Carolina federal bankruptcy judge on Jan. 3 approved its request for more time to file a plan (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).



Oakfabco Asbestos Claimants Say CNA Knew Of More Coverage When Making Deal
CHICAGO - The Asbestos Claimants' Committee in the Chapter 11 Case of Oakfabco Inc. on Jan. 2 filed a nine-count fraudulent inducement adversary complaint against Oakfabco insurers and a claims management company alleging that they knew that additional coverage was available for asbestos claims when the insurers attempted to settle with Oakfabco before it filed for bankruptcy (Asbestos Claimants Committee v. American Casualty Company of Reading, PA, et al., No. 18-00002, N.D. Ill. Bkcy.).



Insurers Win Relief From Kaiser Gypsum's Stay To Seek Coverage Case Costs
CHARLOTTE, N.C. - Chapter 11 debtor Kaiser Gypsum Co.'s insurers received relief from the automatic bankruptcy stay so they can pursue the repayment of their costs from the debtor's primary insurer in a California state court asbestos coverage lawsuit, according to a Dec. 27 North Carolina federal bankruptcy court order (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).



Protection From Asbestos Claims Extended For Bestwall Affiliates
CHARLOTTE, N.C. - More than 100 affiliates of Chapter 11 debtor Bestwall LLC are protected from asbestos lawsuits through March 26 after a North Carolina bankruptcy judge entered a preliminary injunction Dec. 7 in an adversary case against the debtor's thousands of asbestos claimants (Bestwall LLC v. Those Parties Listed on Appendix A to Complaint and John and Jane Does 1-1000, No. 3:17-ap-03105, W.D. N.C. Bkcy.).



Former Judge To Mediate Row Over Interest Rate For W.R. Grace IRS Refund
WILMINGTON, Del. - A retired U.S. bankruptcy judge will mediate a dispute between the Internal Revenue Service and reorganized chemical conglomerate W.R. Grace & Co. over a $1.6 million tax refund, according to a stipulation filed recently in a Delaware federal court appeal (In re: W.R. Grace & Co., et al., No. 17-cv-1588, D. Del.).



Thorpe Trust Gets Extension To Answer Manville Trust's Suit Over Indemnification
NEW YORK - The Thorpe Insulation Company Asbestos Settlement Trust in California has until Feb. 5 to answer or move to dismiss an adversary complaint filed by the Manville Personal Injury Settlement Trust in New York seeking a declaration that the Manville Trust is not obligated to indemnify the Thorpe Trust for thousands of paid asbestos personal injury claims, according to a stipulation and order signed Jan. 5 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.).



Bestwall's Removal Period Request Trimmed By Bankruptcy Judge
CHARLOTTE, N.C. - Chapter 11 debtor Bestwall LLC on Jan. 23 received an extension from a North Carolina federal bankruptcy judge on the time it has to remove any lawsuit filed against the company to a district court, though the judge gave the debtor half the time it asked for (In re Bestwall LLC, No. 17-31795, W.D. N.C. Bkcy.).



Dismissal Of Bankrupt Asbestos Defendants Paves Way For Long-Pending Appeal
BIRMINGHAM, Ala. - A federal judge in Alabama on Jan. 9 adopted a report recommending dismissal of two formerly bankrupt asbestos companies from a case, saying the subsequent bankruptcy of a previously dismissed defendant does not prevent the action. The ruling clears the way for an appeal of a 2011 order dismissing 17 defendants (Charles Corley, et al. v. Fairbanks Morse Pump Corp., et al., No. 09-1812, N.D. Ala.).



Pennsylvania Court Remands $6.4M Asbestos Verdict For New Trial On Liability
PHILADELPHIA - Pennsylvania law all but eradicating joint and several liability applies to strict liability asbestos cases, a state appellate court held in remanding for a new trial on the issue of liability Dec. 28 (William Roverano, et al. v. John Crane Inc. et al., Nos. 2837 EDA 2016, 2847 EDA 2016, Pa. Super.)



New York Court Affirms Sanctions For Destruction Of Evidence
NEW YORK - A New York court on Jan. 18 affirmed imposition of an adverse jury instruction as a sanction for a company's "egregious" loss or destruction of between 37 and 77 boxes of potential evidence involving its asbestos-containing pipe (Richard Warren v. Amchem Products Inc., et al., No. 5493N 40000/88 190281/14, N.Y. Sup., App. Div., 1st Dept., 2018 N.Y. App. Div. LEXIS 351).



New York Top Court Rejects Brake-Grinding Maker's Challenge To $9M Asbestos Award
NEW YORK - New York's top court on Jan. 11 denied leave to appeal after a lower court found a manufacturer of brake-grinding machines had a duty to warn about the dangers the use of its machines with asbestos-containing brakes posed and affirmed a stipulated $9 million award (Walter Miller v. BMW of North America LLC, et al., No. 2017-1076, N.Y. App., 2018 N.Y. LEXIS 48).



Jury Awards $24.26 Million To Man Exposed To Asbestos During Breaks In Engine Rooms
SAN FRANCISCO - A California jury on Nov. 29 awarded an 81-year-old former longshoreman $24.26 million for mesothelioma he allegedly contracted after exposure to asbestos while taking breaks in the engine rooms of ships to keep warm (George Lucas v. Triple A Machine Shop Inc., No. CGC-16-276549, Calif. Super., San Francisco Co.).



Crane Co. Takes Fight Over $10M Punitive Award To U.S. Supreme Court
ST. LOUIS - The U.S. Supreme Court on Dec. 29 gave an asbestos plaintiff more time to respond to a petition urging the court to use a $10 million verdict to clarify the proper standard for evaluating punitive damages awards under existing due process and award ratio precedent (Crane Co. v. Jeanette G. Poage, No. 17-900, U.S. Sup.).