2BInformed: Engaging with EPA, OSHA’s New Regulation, and Asbestos
Stradling Bankruptcy and Financial Restructuring partner Greg Jones recently joined Legal Lens, a Debtwire podcast, for an in-depth discussion on the evolving challenges of asbestos-related bankruptcies—highlighting the...more
Traditionally, toxic tort related claims are brought under product liability actions for negligence, breach of warranty, and strict liability. Asbestos has historically been the center of toxic tort litigation. The number of...more
Asbestos, a naturally occurring mineral, has been the subject of mass tort litigation for several decades. While recent trends show a steady reduction in the number of traditional asbestos claims, influx of claims alleging...more
Now that the United States Supreme Court has agreed to expeditiously hear the U.S. Trustee’s appeal of the plan confirmation and settlement in Purdue Pharma, lawyers following the LTL Management LLC bankruptcy case, version...more
The Centers for Medicare and Medicaid Services (CMS) have been operating a global Medicare Secondary Payer (MSP) approach in healthcare lien resolution for mass tort, class action, and asbestos trust settlements for more...more
The national asbestos litigation machine is running at full speed even though the system is more than five decades old. The machine is national in scope, but it only operates in relatively few state and county jurisdictions....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
Mass tort defendants frequently defend lawsuits in venues like Los Angeles County, California, which are favored by plaintiff firms due to their plaintiff-favorable law and propensity for large verdicts. In a recent decision...more
While trials and in person court conferences are starting to trickle in, some jurisdictions such as New York still managed to hold its position as a judicial hellhole in 2021. According to American Tort Reform Foundation...more
Pump manufacturer Nash Engineering Company appears to have recently become the latest casualty of asbestos litigation. On October 19, 2021, Nash Engineering filed for Chapter 7 bankruptcy in the United States Bankruptcy Court...more
On June 1, 2021, the United States Supreme Court declined to hear Johnson & Johnson’s (J&J) appeal to overturn a $2.12 billion dollar damages award to 22 female plaintiffs who alleged their ovarian cancer was caused by J&J’s...more
When there are large numbers of substantial individual tort claims against a debtor, potentially involving claimants unknowable to the debtor who themselves may not know they have a claim, the bankruptcy process faces special...more
On December 6, 2018, in an unreported decision, Maryland’s Court of Special Appeals permitted plaintiffs in product liability litigation in Baltimore City Circuit Court to obtain broad discovery into joint defense agreements,...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
In a decision handed down Tuesday, February 28, the Missouri Supreme Court limited circumstances in which out-of-state corporate defendants will be subject to personal jurisdiction, rejecting two novel theories of specific...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 March 2, 2016, the Indiana Supreme Court struck down Section 2 of the Indiana Product Liability Act and held that its statute of repose “does not apply to cases involving protracted exposure to an inherently dangerous...more