Mealey's Asbestos Bankruptcy

  • June 19, 2024

    California High Court Reverses, Says Vertical Exhaustion Applies To Policies

    SAN FRANCISCO — The California Supreme Court reversed an appeals court’s ruling in a long-running asbestos insurance coverage dispute after determining that a vertical exhaustion method, rather than a horizontal exhaustion method, must be applied to excess policies that sit over an insured’s primary policies because the language of the excess policies and the insured’s reasonable expectations support a vertical exhaustion method.

  • June 18, 2024

    In Latest Suit, Women Seek Medical Monitoring Over Johnson & Johnson Talc

    TRENTON, N.J. — Women filed a putative class action in a New Jersey federal court against various Johnson & Johnson (J&J) entities on June 17 alleging fraud and misrepresentation among other claims and seeking medical monitoring for all women who used talc-based products on their genital area over a four-year period starting in 1960 and have not yet filed suit against the companies.

  • June 13, 2024

    Talc Plaintiffs Seek To Confine Proposed J&J Bankruptcy To New Jersey

    TRENTON, N.J. — A federal judge in New Jersey in a June 12 docket entry expedited briefing on talc plaintiffs’ motion seeking to enjoin Johnson & Johnson or its subsidiaries from declaring bankruptcy anywhere other than New Jersey.  The plaintiffs in the case claim that Johnson & Johnson performed a series of fraudulent transfers and bad faith bankruptcy filings to escape asbestos-talc liabilities.

  • June 06, 2024

    Supreme Court Reverses, Says Asbestos Debtor’s Insurer Can Challenge Reorganization

    WASHINGTON, D.C. — Because the primary insurer of Chapter 11 asbestos debtors Kaiser Gypsum Co. Inc. and Hanson Permanente Cement Inc. is on the hook for most of the debtors’ asbestos liabilities under their reorganization plan, it is a party in interest that has standing to object to the plan, the U.S. Supreme Court held June 6 in a unanimous decision.

  • June 05, 2024

    Judge Upholds Denial Of Bid To Dismiss Talc Supplier’s Chapter 11 Case

    TRENTON, N.J. — A bankruptcy court correctly declined to dismiss the Chapter 11 case of defunct talc supplier Whittaker, Clark & Daniels Inc. (WCD) because the company’s board and not its receiver was authorized to place WCD into bankruptcy, a New Jersey federal judge ruled in affirming rejection of the receiver and asbestos claimants’ bid to dismiss the case and dismissing their appeal.

  • June 05, 2024

    Railway, Plaintiffs Brief Viability Of $8M Verdict In Libby, Mont., Case

    GREAT FALLS, Mont. — Whether federal law preempts strict liability claims against a railway and whether its failure to remediate asbestos contamination at its Libby, Mont., railyard constitutes an affirmative act or inactivity not subject to strict liability came before a Montana federal judge in briefing on judgment notwithstanding the verdict (JNOV).

  • June 03, 2024

    Asbestos Law Firms Seek Discovery In Subchapter V Bankruptcy Of Cosmetics Company

    LOS ANGELES — Five asbestos personal injury law firms and their clients want representatives for new Chapter 11 debtor Ben Nye Co. Inc. and the company’s financial advisers to submit to an examination under oath and present documents about the debtor’s financial affairs, the use of talc in its products and other topics, according to a motion the firms filed in California federal bankruptcy court.

  • May 30, 2024

    Judge Awards $1.4M In Fees In Libby, Mont., Asbestos Claims Fraud Case

    MISSOULA, Mont. — A railway that obtained some of the relief it sought in a suit claiming that an asbestos-disease scanner in Libby, Mont., submitted false claims under a special program involving the Patient Protection and Affordable Care Act (ACA) may recover attorney fees, but the award must be reduced by 25% because its submission never ties the hours worked and associated rates to specific tasks, a federal judge in Montana said in awarding $1,423,936.58.

  • May 24, 2024

    Magistrate Judge Denies J&J’s Effort At Expedited Response To Subpoena To Law Firm

    TRENTON, N.J. — In a docket text order, a federal magistrate judge in New Jersey denied a request by Johnson & Johnson and its bankrupt affiliate to expedite a response to a subpoena they issued to the Beasley Allen Law Firm in the asbestos talc multidistrict litigation seeking evidence of “egregious behavior” suggesting that the firm no longer advocates in the best interests of asbestos plaintiffs.

  • May 23, 2024

    4th Circuit Rejects Rehearing In Asbestos Claimants’ Bids For Direct Appeal

    RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals has denied rehearing of a panel’s rejection of direct appeals by asbestos claimants seeking review of the denial of their bids to dismiss the joint Chapter 11 case of Ingersoll-Rand and Trane spinoffs Aldrich Pump LLC and Murray Boiler LLC.

  • May 23, 2024

    Cancer Sufferers Say J&J, LTL Divisive Merger, Transfers Were Fraudulent

    TRENTON, N.J. — Johnson & Johnson and its various subsidiaries hoped to avoid liability or delay a day of reckoning through a divisive merger under Texas law and a series of fraudulent transfers of assets and liabilities, women who allegedly contracted ovarian cancer or mesothelioma as a result of exposure to asbestos in the company’s talc claim in a May 22 putative class action.

  • May 23, 2024

    Appeal Of Dismissal Denial In Georgia-Pacific Debtor’s Case Debated In 4th Circuit

    RICHMOND, Va. — A petition for a direct appeal to the Fourth Circuit U.S. Court of Appeals of a bankruptcy court’s denial of a bid by the Official Committee of Asbestos Claimants to dismiss the Chapter 11 case of Georgia-Pacific spinoff Bestwall LLC should be rejected because it “merely dresses up already-rejected arguments,” the debtor tells the appellate court in its opposition to the petition.

  • May 22, 2024

    J&J Seeks Expedited Responses On Subpoenas To Asbestos-Talc Law Firm

    TRENTON, N.J. — Two Johnson & Johnson entities asked the federal court in New Jersey overseeing the talc multidistrict litigation to expedite responses to a subpoena issued to the Beasley Allen Law Firm, saying recent revelations of “egregious behavior” suggest that the firm no longer advocates in the best interests of its clients and uses the media in hopes of sinking a potential global settlement of the asbestos-talc claims.

  • May 22, 2024

    CertainTeed Debtor DBMP Can Subpoena Asbestos Claimants, Bankruptcy Judge Rules

    CHARLOTTE, N.C. — CertainTeed Corp. debtor DBMP LLC can subpoena asbestos claimants in two other asbestos bankruptcy cases who settled their claims against CertainTeed before the DBMP Chapter 11 case was filed, a North Carolina federal bankruptcy judge ruled in denying a motion by the Official Committee of Asbestos Personal Injury Claimants to strike the subpoenas.

  • May 21, 2024

    La. Panel Affirms Ruling In Asbestos Liability Case Involving Insolvent Insurers  

    NEW ORLEANS — A Louisiana appellate court affirmed a lower court ruling that denied summary judgment to the Louisiana Insurance Guaranty Association (LIGA), as statutory obligor for an employer’s insolvent workers’ compensation and liability insurers, in a suit alleging that a former employee’s workplace exposure to asbestos resulted in his diagnosis of mesothelioma, finding that LIGA failed to show “the existence and applicability” of policy exclusions.

  • May 20, 2024

    Talc Debtors Imerys, Cyprus’ Settlement With Insurer Nets $6.25M For Asbestos Trust

    WILMINGTON, Del. — A liability insurer for the parent of Chapter 11 asbestos talc debtor Cyprus Mines Corp. will pay $6.25 million to a planned trust to pay asbestos claims after the debtor and affiliates reorganize, according to a settlement agreement that was approved by a Delaware federal bankruptcy judge.

  • May 17, 2024

    Kaiser/Hanson Permanente Trust Reports 1st Payments Made To Claimants In 2023

    CHARLOTTE, N.C. — The Kaiser Gypsum Asbestos Personal Injury Trust, established in 2021, began paying claims last year after the payment percentages for each disease category were approved by claimants’ representatives, according to the trust’s annual report filed in North Carolina federal bankruptcy court.

  • May 17, 2024

    Connecticut Asbestos Jury Awards $15M; Vanderbilt Faces Punitive Damages

    BRIDGEPORT, Conn. — Talc company R.T. Vanderbilt Holding Co. Inc. faces a court decision on punitive damages after a Connecticut jury on May 16 found it liable for a man’s mesothelioma and awarded his widow $15 million in compensatory damages.  Under Connecticut law the judge determines the punitive damages award.

  • May 17, 2024

    New Jersey Judge Invites Amici In Dispute Over Mesothelioma Genetic Testing

    TRENTON, N.J. — A New Jersey judge invited amicus curiae briefs on a motion to compel testing seeking genetic markers for mesothelioma in an asbestos case and laid out the questions she has about how such a process works and its potential impact.

  • May 13, 2024

    Plaintiff Firm Fabricates Asbestos Cases, Company Says In RICO Suit

    CHICAGO — Simmons Hanley Conroy LLP crafts asbestos exposure stories involving J-M Manufacturing Company Inc. products through “perjured testimony, falsified sworn statements, untrue discovery responses, asbestos bankruptcy claims that were not disclosed, and sham lawsuits,” the company alleges in a Racketeering Influenced and Corrupt Organizations Act (RICO) lawsuit filed May 10 in Illinois federal court.

  • May 13, 2024

    Man Says J&J Entities’ Motion To Strike Asbestos Allegations Misses The Point

    BRIDGEPORT, Conn. — That various Johnson & Johnson entities underwent a merger in Texas doesn’t change allegations of post-merger conduct elsewhere or alter the Connecticut successor liability analysis, a man tells a judge in Connecticut in objecting to a motion to strike asbestos liability allegations.

  • May 13, 2024

    Cert Denied For Injunction Row In Chapter 11 Case Of Georgia-Pacific Spinoff

    WASHINGTON, D.C. — The U.S. Supreme Court on May 13 denied two petitions for certiorari filed by asbestos claimants’ representatives in the Chapter 11 case of Georgia-Pacific spinoff Bestwall LLC seeking to overturn a bankruptcy injunction barring asbestos personal injury claims against Georgia-Pacific and other nondebtor affiliates.

  • May 10, 2024

    Florida Supreme Court: Spousal Damages Available In Post-Mesothelioma Marriage

    TALLAHASSEE, Fla. — Because a wrongful death claim arises at death, a woman who married her longtime boyfriend after his mesothelioma diagnosis qualifies as a surviving spouse under state law, the Florida Supreme Court said May 9 while recognizing that the outcome could lead to recovery for damages unavailable had the man survived.

  • May 09, 2024

    Wisconsin Court: Punitive Cap Is Double Total Compensatory Asbestos Award

    MILWAUKEE — Evidence at trial supported a $26.45 million asbestos verdict and the cap on punitive damages applies to an entire jury award and not just a liable party’s portion of the award, a Wisconsin appeals court found in rejecting an appellant’s challenge to the verdict and partially affirming entry of judgment, saying the resulting award should be $13,419.295.79 against a premises owner defendant.

  • May 08, 2024

    Suits Against Asbestos Trust Don’t Challenge Plan Terms, May Proceed, Judge Says

    MISSOULA, Mont. — Lawsuits against the W.R. Grace & Co. asbestos trust follow procedures in the plan for such tort actions and are not collateral attacks on the plan procedures themselves, a federal judge in Montana said in a pair of orders rejecting a magistrate judge’s findings and recommendations and denying dismissal.