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Preview: LexisNexis® Mealey's™ Asbestos Bankruptcy Legal News

LexisNexis® Mealey's™ Asbestos Bankruptcy Legal News



Headline Asbestos Bankruptcy Legal News from LexisNexis®



 



Judge Vetoes Eagle's Disclosure Statement, Sets Hearing On Dismissal Of Case
NEW ORLEANS - A Louisiana federal bankruptcy judge on Nov. 18 rejected the disclosure statement for the plan of reorganization of Chapter 11 debtor Eagle Inc. and ordered the company to show why the case should not be dismissed for failure to file a disclosure statement or a feasible reorganization plan (In re: Eagle, Inc., No. 15-12437, E.D. La. Bkcy.).



Judge: Honeywell, Ford Can Use Asbestos Claimants' Data From 9 Bankruptcies
WILMINGTON, Del. - Honeywell International Inc. and Ford Motor Co. can access asbestos claimants' data in nine Chapter 11 cases, but only to investigate fraud in the claims process, and the information cannot be used for lobbying efforts, a Delaware federal bankruptcy judge held Nov. 8 (In re W.R. Grace & Co., et al., No. 01-01139; In re Owens Corning, No. 00-3837; In re Armstrong World Industries, Inc., No. 00-4471; In re USG Corp., No. 01-2094; In re US Minerals Products Company, No. 01-2471; In re Kaiser Aluminum Corp., No. 02-10429; In re ACandS, Inc., No. 02-12687; In re Combustion Engineering, Inc., No. 03-10495; In re The Flintkote Company, No. 04-11300, D. Del. Bkcy.).



John Crane Says Law Firm's Arguments For Dismissal Don't Hold Water
CHICAGO - Asbestos personal injury law firm Simon Greenstone Panatier Bartlett provides no basis in three motions for an Illinois federal court to dismiss fraud, conspiracy and racketeering allegations leveled by John Crane Inc. (JCI), and the claims are sufficiently pleaded to survive the motions, JCI says in a Nov. 11 response brief (John Crane Inc. v. Simon Greenstone Panatier Bartlett, et al., No. 16-5918, N.D. Ill.).



Kaiser Gypsum Wards Off Asbestos Claimants' Attempt To Transfer Case
CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge, in a Nov. 22 minute order, denied a request by five asbestos personal injury claimants to transfer the recent Chapter 11 case of former gypsum plaster and wallboard manufacturer Kaiser Gypsum Co. Inc. to the U.S. District Court for the Western District of Washington (In re Kaiser Gypsum Company, Inc., at al., No. 16-31602, W.D. N.C. Bkcy.).



Insurer Loses Bid For Judgment On Liquidating Trust's Payment Claims
OAKLAND, Calif. - An asbestos personal injury liquidating trust properly submitted proposals to an insurer regarding the payment of allowed claims that triggered the insurer's policies and did not violate two debtors' plan of reorganization by allocating to the insurer 100 percent of the liquidated value of each approved unpaid claim, a California federal bankruptcy judge held Nov. 21 (In re CFB Liquidating Corporation, f/k/a Chicago Fire Brick Co., et al., No. 01-45483, [Barry A. Chatz, as Trustee for the CFB/WFB Liquidating Trust v. Continental Casualty Company, No. 15-4136] N.D. Calif. Bkcy.; 2016 Bankr. LEXIS 4034).



Insurers Claim Asbestos Lawyers Facilitate Double Dipping, Seek Injunction
GALVESTON, Texas - Insurers on Nov. 4 asked a federal judge in Texas to enjoin five law firms from distributing the proceeds from asbestos actions, saying the firms collected millions from tortfeasers while helping thousands of clients sidestep health insurance contract reimbursement provisions (Humana Inc., et al. v. Brent W. Coon P.C., a/k/a Brent Coon & Associates, et al., No. 16-240, S.D. Texas).



Plaintiffs Appeal Ruling That Claims Against W.R. Grace Insurers Are Barred
WILMINGTON, Del. - Twenty-seven asbestos disease sufferers on Nov. 14 asked a Delaware federal court to decide if a bankruptcy judge erred in finding that their state law personal injury claims against insurers of Chapter 11 debtor W.R. Grace & Co. are barred by an injunction in W.R. Grace's plan of reorganization (Continental Casualty Company, et al. v. Jeremy B. Carr, et al., No. 16-1010, D. Del.).



Liquidator Asks Court To Approve Settlement Of Asbestos Claims
CONCORD, N.H. - The liquidator of an insolvent insurer asked a New Hampshire court on Nov. 21 to approve a $13.8 million settlement agreement with a bankrupt company's asbestos personal injury trust (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



Kaiser Gypsum Affiliates, Insurers Receive Protection From Asbestos Claims
CHARLOTTE, N.C. - Asbestos personal injury claimants cannot pursue claims against dozens of affiliates and insurers of Chapter 11 debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. (HPCI) after a North Carolina federal bankruptcy judge issued a preliminary injunction Nov. 4 enjoining the claims to protect the bankruptcy estates (Kaiser Gypsum Company, Inc., et al. v. Those Parties Listed on Appendix A to Complaint, No. 16-3313, W.D. N.C. Bkcy.).



Bankruptcy Judge Names Asbestos Committee, FCR In Kaiser Gypsum Case
CHARLOTTE, N.C. - A North Carolina federal bankruptcy judge on Oct. 19 approved an 11-member asbestos claimants' committee and a representative for future asbestos claimants in the recent Chapter 11 case of Kaiser Gypsum Co. Inc. and affiliate Hanson Permanente Cement Inc. (HPCI) (In re Kaiser Gypsum Company, Inc., at al., No. 16-31602, W.D. N.C. Bkcy.).



New York Housing Authority Appeals Summary Judgment Ruling For G-I Holdings
NEWARK, N.J. - The New York City Housing Authority (NYCHA) on Nov. 2 asked a New Jersey federal court to decide if a bankruptcy judge correctly found that the authority cannot pursue asbestos property damage claims against former Chapter 11 debtor G-I Holdings Inc. because the authority's allegations fail to meet the required elements for indemnity or restitution (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy.).



Oil And Mining Provider Cape Warns That January Trial Could Threaten Trust
WEST DRAYTON, England - Oil and mining industrial services company Cape PLC announced Nov. 18 that a changing legal landscape means potential damages from an upcoming January trial over liabilities for a former asbestos factory could exceed expectations, potentially endangering a payment scheme designed to compensate injured workers and their family members.



Iowa Jury Hands Maker Of Brake-Grinding Machine Verdict In Asbestos Case
CEDAR RAPIDS, Iowa - An Iowa jury on Nov. 15 cleared a company of liability for a man's alleged exposure to asbestos dust created when he used its machine to grind asbestos-containing brakes (Paul and Yvette McCulley v. American Honda Motor Co., et al., No. 06571LACV079746, Iowa Cir., 6th Dist., Linn Co.).



California Jury Hearing Asbestos Case Returns Defense Verdict For John Crane
SAN FRANCISCO - A California jury hearing an asbestos case alleging exposure as a boiler contractor aboard a U.S. Navy ship returned a defense verdict for John Crane Inc. on Oct. 13 (James Angus and Juana Angus v. John Crane Inc., No. CGC-15-276282, Calif. Super., San Francisco Co.).



New York Jury Awards Asbestos-Exposed Mechanic $12.5 Million For Lung Cancer
NEW YORK - A New York jury on Oct. 28 awarded a former cigarette smoker and mechanic allegedly exposed to asbestos in forklift parts $12.5 million for his lung cancer, sources told Mealey Publications (George Cooney v. Amchem Products Inc., et al., No. 190028-2014E, N.Y. Sup., New York Co.).



California Jury Hits Talc Supplier With $18M Asbestos Verdict
LOS ANGELES - A talc company on Oct. 26 avoided punitive damages by settling an asbestos case after a California jury hit it with a reported record $18,070,000 in damages for a political figure's mesothelioma (Philip John Depoian, et al. v American International Industries Inc., et al., No. BC607192, Calif. Super., Los Angeles Co.).



California Jury Awards $7,042,333 To Man For Mesothelioma
LOS ANGELES - A California jury on Oct. 24 awarded a man who emigrated from Italy $7,042,333 for mesothelioma arising from asbestos exposure in construction industry products and found a joint compound manufacturer 25 percent liable, sources told Mealey's Publications (Peter LaMonica, et al. v. Colgate-Palmolive Co., et al., No. BC604809, Calif. Super., Los Angeles Co.).



Asbestos Claims Force Kaiser Gypsum, Affiliate Into Chapter 11
CHARLOTTE, N.C. - Former gypsum plaster and wallboard manufacturer Kaiser Gypsum Co. Inc. filed a Chapter 11 petition Sept. 30 in North Carolina federal bankruptcy court along with cement company affiliate Hanson Permanente Cement Inc. (HPCI) to resolve thousands of asbestos personal injury claims filed against the debtors (In re Kaiser Gypsum Company, Inc., et al., No. 16-31602, W.D. N.C. Bkcy.).



Eagle Accuses Former Shareholders Of Illegally Transferring Assets
NEW ORLEANS - Former gasket and insulation distributor Eagle Inc. filed a six-count adversary action in its Chapter 11 case Sept. 21 in federal bankruptcy court, alleging that four members of a Louisiana family fraudulently transferred Eagle's noninsurance assets to companies the family created with full knowledge that Eagle faced liability for thousands of asbestos personal injury claims (In re: Eagle, Inc., No. 15-12437, [Eagle, Inc. v. Fred J. Schuber, III, et al., No. 2:16-ap-1040], E.D. La. Bkcy.).



Judge Upholds Denial Of Class Certification For Unmanifested Asbestos Claims
WILMINGTON, Del. - A Delaware federal judge on Sept. 28 affirmed a bankruptcy court's denial of class certification for holders of possible future asbestos injury claims against Chapter 11 debtor Energy Future Holdings Corp., holding that the court did not abuse its discretion in finding that the proposed class would not be superior to individual litigation (Michael Cunningham, et al. v. Energy Future Holdings Corp., No. 15-1218, D. Del.; 2016 U.S. Dist. LEXIS 133167).



Judge Dismisses Appeal Of Future Claimants Of Energy Future's Failed Plan
WILMINGTON, Del. - A Delaware federal judge on Sept. 26 dismissed an appeal by potential asbestos claimants of the plan of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) after finding that the plan is null and void because it was never consummated (Shirley Fenicle, et al. v. Energy Future Holdings Corp., et al., No. 15-1183, D. Del.; 2016 U.S. Dist. LEXIS 131217).



Insurers Appeal Denial Of Bids To Dismiss Eagle's Case, Appoint Trustee
NEW ORLEANS - Two insurance companies filed issues on appeal Oct. 12 and 10, asking a Louisiana federal court to decide if a bankruptcy judge erred in refusing to dismiss the Chapter 11 petition of Eagle Inc. or to appoint a trustee for the case, saying the insurers made an "unrebutted showing" that company insiders committed "fraud and dishonesty" and filed the petition in bad faith (In re: Eagle, Inc., No. 15-12437, E.D. La. Bkcy.).



Only 2 Claims Against W.R. Grace Insurers Survive Summary Judgment
WILMINGTON, Del. - Two claimants in Libby, Mont., seeking to hold insurers of W.R. Grace & Co. liable for their asbestos injuries can pursue negligence and bad faith claims in state court against an insurer based on workers' compensation policies not covered by W.R. Grace's Chapter 11 reorganization; however, similar claims in other state court actions are barred by an injunction in W.R. Grace's case channeling asbestos claims to a trust for resolution, a Delaware federal bankruptcy judge ruled Oct. 17 (In re: W.R. Grace & Co., et al., No. 01-01139 [Ralph Hutt and Carl Osborn v. Maryland Casualty Company, No. 14-50867], [Continental Casualty Company, et al. v. Jeremy B. Carr, et al., No. 15-50766], D. Del. Bkcy.).



Insurers Dispute Debtor's Attempt To Vacate Policy Exhaustion Finding
NEW YORK - A bid by Chapter 11 debtor Rapid-American Corp. to vacate a finding that it has not paid a sufficient amount for asbestos claims to reach the level of excess coverage provided under three insurance policies should be rejected because the debtor is improperly trying to reargue the issue with a revised legal strategy, insurers assert in separate Oct. 18 response briefs in New York federal bankruptcy court (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).



Bankruptcy Judge Sets Energy Future Debtors' Estimated Liability At $17.2M
WILMINGTON, Del. - A Delaware federal bankruptcy judge issued an order Oct. 12 estimating the maximum value of asbestos personal injury claims against certain subsidiaries of Chapter 11 debtor Energy Future Holdings Corp. (EFH) at $17.2 million (In re: Energy Future Holdings Corp., et al., No. 14-10979, D. Del. Bkcy.).



Hospital Presents Issues In Appeal Of Class Certification Rejection
WILMINGTON, Del. - A South Carolina hospital on Sept. 22 asked a Delaware federal court to decide whether a bankruptcy court erred when it denied the hospital's request for certification of a class of property owners asserting asbestos property damage claims against W.R. Grace & Co. (In re: W.R. Grace & Co., et al., No. 16-799, D. Del.).



Geo. V. Hamilton Gets Funding To Pay Insurance Premiums
PITTSBURGH - A Pennsylvania federal bankruptcy judge on Oct. 13 approved a request by Chapter 11 debtor Geo. V. Hamilton Inc. to finance more than $250,000 to pay insurance premiums so the company can maintain coverage under four polices (In re Geo. V. Hamilton, Inc., No. 15-23704, E.D. Pa. Bkcy.).



Bankruptcy Judge Closes Pittsburgh Corning's Chapter 11 Case
PITTSBURGH - A Pennsylvania federal bankruptcy judge on Oct. 13 entered a final decree closing the 16-year-old Chapter 11 case of glass and insulation maker Pittsburgh Corning Corp. (PCC) (In re: Pittsburgh Corning Corporation, No. 00-22876, W.D. Pa. Bkcy.).



Bankruptcy Judge Extends Oakfabco's Plan Deadline, But Only For A Month
CHICAGO - Chapter 11 debtor Oakfabco Inc. has more time to file a plan of liquidation, but not as much as it sought, with an Illinois federal bankruptcy judge on Sept. 26 extending the filing deadline a month, rather than the three months that Oakfabco asked for (In re: Oakfabco, Inc., No. 15-27062, N.D. Ill. Bkcy.).



Judge Says Asbestos Trust Should Not Be Forced To Fund Litigation Against Itself
CONCORD, N.H. - A New Hampshire judge on Sept. 23 ruled that the liquidator of an insolvent insurer cannot deduct what is owed to an asbestos settlement trust from money the liquidator pays for the legal expenses of California's insurance guarantor in a suit against the asbestos trust (In the Matter of the Liquidation of The Home Insurance Company, No. 03-E-0106, N.H. Sup., Merrimack Co.).



California Jury Returns Defense Verdict In Take-Home Asbestos Case
LOS ANGELES - A California jury on Sept. 30 returned a defense verdict for a construction products company in a take-home asbestos case (Gary Schiszler v Amcord, Inc, et al., No. BC484667, Calif. Super., Los Angeles Co.).



Florida Court Affirms Rejection Of $10.3M Jones Act Asbestos Verdict
MIAMI - A Florida appeals court on Oct. 19 affirmed a judge's ruling setting aside a $10.3 million Jones Act asbestos verdict against a cruise line (Giovanna Settimi Caraffa, et al. v. Carnival Cruise Lines, No. 3D 15-356, Fla. App., 3rd Dist.).



Florida Jury Awards $9M In Bystander Asbestos Case
MIAMI - A Florida jury on Sept. 27 awarded $9,019,265.69 to the widow of a man who suffered bystander exposure to asbestos, sources told Mealey Publications (Rosa-Maria Britt, et al. v. Northrop Grumman Systems Corp., No. 2012-30637-CA-01, Fla. Cir., Miami-Dade Co.).



Judge Rejects Challenge To Duty To Warn About Third-Party Asbestos Parts
PHILADELPHIA - The argument that a valve company did not have a duty to warn about the dangers of third-party asbestos parts ignores both a previous ruling in the case and legal precedent, a federal judge in Pennsylvania held Sept. 28 in affirming a $1,085,000 million verdict (Lynn C. Dobrick, et al. v. Air & Liquid Systems Corp., et al., No. 10-03202, E.D. Pa.).



New York Court: Asbestos Awards Excessive, But Otherwise Supported
NEW YORK - A New York appellate court on Oct. 6 reduced two awards in asbestos cases but said the evidence otherwise supported the verdicts against Crane Co. (In re New York City Asbestos Litigation; Laraine Sweberg, etc. v. ABB Inc., et al., Crane Co., No. 190017/13, N.Y. Sup., App. Div., 1st Dept.).



Eagle Files Plan While Insurer Seeks Dismissal Of Case For Bad Faith
NEW ORLEANS - Former gasket and insulation distributor Eagle Inc. filed a Chapter 11 plan of reorganization and disclosure statement Sept. 13 in Louisiana federal bankruptcy court, a day after one of its insurers sought to have the debtor's case dismissed, saying the bankruptcy petition was filed in bad faith and Eagle has no reasonable chance of being rehabilitated (In re: Eagle, Inc., No. 15-12437, E.D. La. Bkcy.).



Asbestos Claimants Appeal Energy Future's Plan Confirmation
WILMINGTON, Del. - Three asbestos personal injury claimants on Sept. 12 appealed a Delaware federal bankruptcy court's recent confirmation of the first of two plans of reorganization for Chapter 11 debtor Energy Future Holdings Corp. (EFH) to federal court (In re: Energy Future Holdings Corp., et al., No. 14-10979, D. Del. Bkcy.).



Bankruptcy Judge Splits $20 Million Fee Award Evenly Among 4 Law Firms
NEW YORK - A $20 million attorney fee fund from a settlement between an insurer and asbestos claimants should be divided equally among four law firms that negotiated the settlement based on the language and meaning of the agreement, a New York federal bankruptcy judge held Aug. 26 (In re: Johns-Manville Corporation, et al. [Eric Bogdan and the Bogdan Law Firm v. Bevan & Associates, LPA, Inc., et al., No. 15-01023] No. 82-11656, S.D. N.Y. Bkcy.; 2016 Bankr. LEXIS 3145).



G-I Holdings Wins Summary Judgment On Claims By New York Housing Authority
NEWARK, N.J. - The New York City Housing Authority (NYCHA) cannot pursue asbestos property damage claims against former Chapter 11 debtor G-I Holdings Inc. because the authority's allegations fail to meet the required elements for indemnity or restitution, a New Jersey federal bankruptcy judge held Sept. 9 in awarding G-I summary judgment (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy.; 2016 Bankr. LEXIS 3314).



Hospital Appeals Denial Of Bid To Change 2008 Class Certification Rejection
WILMINGTON, Del. - A South Carolina hospital continued its 24-year battle to pursue class action asbestos property damage claims against W.R. Grace & Co. when it filed a notice of appeal Sept. 8 to challenge a recent Delaware federal bankruptcy court decision denying the hospital's bid to alter or amend a 2008 ruling denying class certification (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).



New York Housing Agency Denied Rehearing On Claims Against G-I Holdings
NEW YORK - A Third Circuit U.S. Court of Appeals panel on Aug. 22 declined to reconsider its decision rejecting a bid by the New York City Housing Authority (NYCHA) to force former Chapter 11 debtor G-I Holdings Inc. to pay $500 million to remove asbestos-containing building materials from authority-owned buildings (In re: G-I Holdings Inc., f/k/a GAF Corporation, et al. [New York City Housing Authority v. G-I Holdings, Inc.], No. 15-2164, 3rd Cir.).



Judge Nixes Law Firm's Declaratory Judgment Claims In Suit Against John Crane
LOS ANGELES - A California federal judge on Aug. 26 dismissed declaratory judgment and breach of contract claims filed by an asbestos personal injury law firm battling fraud, conspiracy and racketeering allegations leveled against it by frequent defendant John Crane Inc. (JCI) but allowed the firm to file an amended breach of contract claim (Simon Greenstone Panatier Bartlett PC, et al. v. John Crane Inc., No. 16-1179, C.D. Calif.).



Court Orders Discovery Into Jurisdiction Over Law Firm For John Crane's Claims
CHICAGO - An Illinois federal judge on Sept. 1 granted in part a motion to stay discovery pending an asbestos plaintiffs' law firm's motion to dismiss a fraud and conspiracy lawsuit filed by John Crane Inc. (JCI) but allowed discovery on one issue in the dismissal motion - whether the court has jurisdiction over the out-of-state defendants (John Crane Inc. v. Shein Law Center Ltd., et al., No. 16-5913, N.D. Ill.).



Dallas Law Firm Says John Crane's RICO Suit Should Be Dismissed
CHICAGO - A Dallas-based asbestos personal injury law firm filed three motions Sept. 7 in Illinois federal court seeking to dismiss fraud, conspiracy and racketeering allegations leveled against it by frequent asbestos defendant John Crane Inc. (JCI) on a variety of grounds, including lack of personal and subject matter jurisdiction and improper venue (John Crane Inc. v. Simon Greenstone Panatier Bartlett, et al., No. 16-5918, N.D. Ill.).



Judge: Asbestos Trust Can Object To Honeywell's Bid For Asbestos Claimants' Data
WILMINGTON, Del. - An asbestos trust advisory committee has standing to object to a request by Honeywell International Inc. for access to asbestos claimants' data in nine Chapter 11 cases, a Delaware federal bankruptcy judge held Aug. 29 in denying Honeywell's motion to strike the objection (In re: W.R. Grace & Co., et al., No. 01-01139, D. Del. Bkcy.).



Pittsburgh Corning Parent's Coverage Dispute With Insurers Dismissed
PITTSBURGH - Bankruptcy court is not the proper forum for an adversary insurance coverage action filed in the Chapter 11 case of Pittsburgh Corning Corp. (PCC) by PCC parent PPG Industries Inc. because an amended complaint contains no allegations that arise under bankruptcy law, a federal bankruptcy judge in Pennsylvania ruled Aug. 25 in dismissing the 16-year-old proceeding (In re: Pittsburgh Corning Corporation, No. 00-22876 [PPG Industries, Inc., et al. v. Argonaut Insurance Company, et al., No. 00-2201], W.D. Pa. Bkcy.).



Rapid-American Says Insurance Policy Exhaustion Finding Should Be Vacated
NEW YORK - A New York federal bankruptcy judge improperly found that Chapter 11 debtor Rapid-American Corp. has not paid a sufficient amount for asbestos claims to reach the level of excess coverage provided under three insurance policies, the company says in a Sept. 9 motion to vacate the judge's ruling (Rapid-American Corporation, et al. v. Travelers Casualty and Surety Company, et al., No. 15-01095, S.D. N.Y. Bkcy.).



3rd Circuit Panel Will Not Rehear Appeal Of Pollution Claims Against Flintkote
PHILADELPHIA - A two-judge panel of the Third Circuit U.S. Court of Appeals on Sept. 8 declined to reconsider its decision rejecting an appeal by a corporate property owner seeking to hold Chapter 11 debtor The Flintkote Co. liable for pollution at an old New Jersey manufacturing site (8 E. Frederick Place LLC v. The Flintkote Co., et al., No. 15-2886, 3rd Cir.).



Claims Center Strikes Deal With G-I Holdings, U.S. Gypsum For Contract Claim
NEWARK, N.J. - An asbestos claims resolution center will pay $275,000 to settle a longstanding breach of contract dispute between two former members of the center under a stipulation and order filed Sept. 7 in New Jersey federal bankruptcy court (In re: G-I Holdings, Inc., et al., Nos. 01-30135 and 01-38790, D. N.J. Bkcy.).



Specialty Products, Bondex Get More Time To Resolve Tax Claims
WILMINGTON, Del. - A Delaware federal bankruptcy judge on Sept. 16 gave reorganized Chapter 11 debtors Specialty Products Holding Corp. and affiliate Bondex International Inc. three more months to object to non-asbestos claims so the debtors can continue negotiating resolutions for several tax claims (In re: Specialty Products Holding Corp., et al., No. 10-11780, D. Del. Bkcy.).



Company Urges Wisconsin Top Court To Review Fraudulent Sale Asbestos Case
WAUSAU, Wis. - A Wisconsin appellate court misapplied state law in concluding that a transaction could have constituted a fraudulent transfer of assets in an attempt to avoid asbestos liabilities, a company told the Wisconsin Supreme Court July 25 (Penny L. Springer v. Nohl Electric Products Corp., et al., No. 2015AP829, Wis. Sup.).



Florida Jury Awards $21M On Couple's Claim That Asbestos Led To Man's Mesothelioma
MIAMI - A Florida jury awarded a husband and wife more than $21 million on Aug. 30 after finding that his mesothelioma arose in part from asbestos exposure during overhaul work at a power plant (Richard Batchelor and Regina M. Batchelor v. American Optical Corp., et al., No. 16-000012 CA 42, Fla. Cir., Miami-Dade Co.).



Missouri Jury Returns Defense Verdict For 3 In Take-Home Asbestos Case
ST. LOUIS - A Missouri jury hearing a take-home asbestos exposure case returned a defense verdict for the three remaining defendants on Sept. 12, sources told Mealey Publications (Donna Harrison, et al. v. Volkswagen Group of North America Inc., et al., No. 1522-CC09759-01, Mo. Cir., 22nd Jud. Cir.).



New Jersey Jury Hearing Asbestos Case Returns Verdict For Talc, Tobacco Companies
NEW BRUNSWICK, N.J. - Two tobacco companies and a talc supplier accused of causing a man's mesothelioma escaped a New Jersey asbestos trial with a defense verdict on Aug. 15, sources told Mealey Publications (Valarie Panzarella v. Lorillard Tobacco Co., et al., No. MID-L-5418-12AS, N.J. Super., Middlesex Co.).



Delaware Judge: Insurer Did Not Fulfill Duty To Defend Insured For Asbestos Suits
WILMINGTON, Del. - A Delaware state judge on Aug. 19 granted an insured's motion for summary judgment after determining that the insurer did not fulfill its duty to defend the insured against underlying asbestos suits because the insurer did not follow applicable Wisconsin law in contesting its duty to defend (CNH Industrial America LLC v. American Casualty Company of Pennsylvania, et al., No. N12C-07-108, Del. Super., New Castle Co.; 2016 Del. Super. LEXIS 418).



New York Jury Attributes Lung Cancer To Cigarettes In John Crane Asbestos Case
NEW YORK - A New York judge on Aug. 12 entered judgment on a July 21 verdict in which a jury found that cigarette use - and not asbestos exposure from John Crane Inc. - caused a man's lung cancer (Charles K. Zammit and Raye Zammit v. Air & Liquid Systems Corp., et al., No. 190371/14, N.Y. Sup., New York Co.).



Where Are They Now, Part Eight: An Update On Developments In Asbestos-Related Bankruptcy Cases
By Mark D. Plevin, Tacie H. Yoon, Leslie A. Davis, Brendan V. Mullan, Belinda Y. Liu, and Galen P. Sallomi (Complete version of commentary with charts available. Document #48-160923-199X.) Since 2001, we have been reporting in these pages on the status of asbestos-related bankruptcy cases.1 In our last report, published in July 2014, we observed that the pace of asbestos-related bankruptcy filings had slowed. This trend has continued, as only seven new cases were filed in the past two years. And most of those cases have involved liquidating debtors who do not seek to utilize the trust-injunction mechanism set forth in Section 524(g) of the Bankruptcy Code.