Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Court: United States Bankruptcy Appellate Panel for the Ninth Circuit - Debtor Ben Nye Co. Inc., a manufacturer and distributer of theatrical makeup, filed for subchapter V bankruptcy in March 2024. Its proposed bar date...more
In a published decision with a dissent, the NC Court of Appeals denied the Plaintiff’s motion to add North Carolina Self-Insurance Security Association as a party to the claim....more
The U.S. Environmental Protection Agency on Dec. 3 issued Part 2 of a final risk determination providing an overview of the hazards of asbestos “to workers in certain conditions.” The agency will soon begin the risk...more
Superior Court of Delaware, New Castle - In the asbestos action Burhenn v. Celotex Asbestos Settlement Trust, the court granted defendant Celotex’s motion to dismiss on the grounds that the complaint was untimely filed. In...more
Observers of filing trends in personal injury mesothelioma matters alleging exposure to talc contaminated with asbestos have noted that the bankruptcy filing of a predominant defendant in those matters did little to slow the...more
Court: U.S. Bankruptcy Court for the District of Delaware - Avon Products Inc., a U.S.-based “non-operational” holding company, announced Monday that it is seeking Chapter 11 bankruptcy protection to “address its debt and...more
On June 25, 2024, the Third Circuit Court of Appeals rendered an opinion affirming the New Jersey Bankruptcy Court’s decision to dismiss LTL Management/Johnson & Johnson’s second bankruptcy case for “want of good faith...more
On June 6, 2024, the United States Supreme Court issued its long-awaited ruling in Truck Insurance Exchange v. Kaiser Gypsum Co., Inc., et al. The Court held an insurer with financial responsibility for claims in bankruptcy...more
In a landmark 5-4 decision in Harrington v. Purdue Pharma that will significantly reshape corporate bankruptcy practice, the U.S. Supreme Court resolved a circuit split regarding the authority of a bankruptcy court to approve...more
The Supreme Court of the United States issued three decisions today: Becerra v. San Carlos Apache Tribe, No. 23-250: This case concerns the funding the Indian Health Service (“IHS”) must provide to Indian tribes that...more
The link between asbestos exposure and an increased risk of diseases such as mesothelioma cancer, asbestos lung cancer, asbestosis, or other diseases was conclusively established in the 1970s. When this information was made...more
Johnson & Johnson’s latest talcum powder litigation challenge exists in a New Jersey bankruptcy court where oral arguments concerning its proposed $8.9 billion settlement occurred during the final week of June 2023....more
On January 30, the U.S. Court of Appeals for the Third Circuit dismissed the talc bankruptcy filing of Johnson & Johnson’s subsidiary, LTL Management, LLC. After hearing arguments in September, the Third Circuit ultimately...more
Many trusts this year have expanded their approved job site lists, allowing compensation for more individuals who claim to have an asbestos-related injury. However, as can be seen below, many trusts also have decreased their...more
United States Bankruptcy Court for the District of New Jersey, October 4, 2022 - The Asbestos Case Tracker has followed every step in Johnson & Johnson’s bankruptcy case. Recently, Plaintiff LTL Management (“Debtor”)...more
On September 19, 2022, a panel of three judges for the Third Circuit heard oral argument in In re LTL Management LLC, Case No. 22-2003. Before the Court is Johnson & Johnson’s (J&J) use of Chapter 11 to resolve...more
A subcommittee of the Senate Judiciary Committee heard from bankruptcy experts and those affected directly by mass tort Chapter 11 cases about their concerns over the corporate machinations that allow some large corporations...more
For nearly 25 years, courts in the Ninth Circuit have consistently refused to sanction nonconsensual third-party releases as part of chapter 11 plans. A ruling recently handed down by the U.S. District Court for the District...more
In the wake of asbestos bankruptcies brought on by mass tort liabilities, reorganization plan structures, like that in Johns-Mansville, often funneled asbestos-related claims into a settlement trust, while a “channeling...more
2017 was a significant year for Murtha Cullina’s appellate practice group. The firm was recognized by the Connecticut Law Tribune as its "Appellate Litigation Department of the Year." 2017 also marked two anniversary dates of...more
Over more than four decades of asbestos litigation, many former manufacturers and suppliers of asbestos-containing products have since filed for bankruptcy and exited the tort system. While these entities now have the...more
In a recent decision involving the adequacy of publication as a means of notice to creditors, the United States Bankruptcy Court for the Southern District of New York reaffirmed the importance of a thorough bar date noticing...more
On May 27, 2015, the Honorable Emilie H. Elias, the coordination judge who presides over all asbestos litigation in the counties of Los Angeles, Orange, and San Diego (LAOSD), issued a discovery order entitled “Case...more