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Second District Court of Appeal, Division Three, Action # B246505 (Filed Feb. 21, 2014, modified Mar. 24, 2014) 2014 WL 1157284 ____Cal.App.4th____ -
Sufficiency of Expert Testimony to Prove Causation; Bankruptcy Trust...more
The GM scandal is unfolding and provides important reminders for everyone involved in compliance and how to respond to a corporate scandal....more
On January 10, 2014, a bankruptcy court judge considered the estimated asbestos liability for Garlock Sealing Technologies, LLC (Garlock), ultimately determining that liability to be $125 million, a fraction of its previously...more
Can an injured plaintiff obtain compensation from a dissolved company with unexhausted insurance policies and force the insurer to pay? The Delaware Supreme Court says yes—in certain circumstances.
Ever since the Supreme Court’s decision in Citizen’s United, an effort has been made to humanize corporations, culminating in Mitt Romney’s infamous pronouncement that “Corporations are people my friend.” Now it turns out...more
The Supreme Court of the State of Delaware recently reversed a Court of Chancery decision declining to appoint a receiver for a dissolved Delaware corporation, Krafft-Murphy Company, Inc. (Krafft). The Chancery Court...more
Asbestos defendants are one step closer to greater transparency regarding the often illusive bankruptcy trust claims and payments. On Wednesday, November 13, 2013, the U.S. House of Representatives passed H.R. 982, the...more
Railroad Company Involved in Deadly Explosion Seeking Bankruptcy Protection
by Joel R. Glucksman on August 20, 2013
Railroad company Montreal, Maine & Atlantic Ltd., which has recently been in the
media spotlight for...more
Mary Melendrez et al., v. Superior Court of the State of California, County of Los Angeles -
COURT OF APPEAL, SECOND APPELLATE DISTRICT (April 30, 2013) -
Petitioners and Plaintiffs Mary Melendrez, individually and...more
Delaware Bankruptcy Judge Judith Fitzgerald in the bankruptcies of Specialty Products Holding Corp. (a/k/a RPM, Inc.) and Bondex International, Inc. rejected the Debtors’ “novel” claim estimation approach that reduced from...more
Asbestos personal injury trusts proliferated after many of the early primary asbestos product manufacturers reorganized under bankruptcy law. It is estimated that nearly 100 companies have declared bankruptcy in the face of...more
Asset Search services are one of those areas that most people know little about until they need them. For years personal injury attorneys have conducted asset searches to satisfy their due diligence in determining the nature...more
In this opinion, the Court of Chancery denied a motion for judgment on the pleadings by certain asbestos claimants (the “Claimants”) seeking appointment of a receiver under 8 Del. C. § 279, holding that the dissolved...more
On December 20, 2012, Ohio Governor John Kasich signed into law House Bill 380, which is aimed at remedying inequities in asbestos litigation. HB 380 addresses the issue of bankruptcy trust claims and their impact on pending...more
Federal-Mogul Global, Inc., one of the world’s largest manufacturers of automobile parts, and over 150 affiliates (collectively “Federal-Mogul”), filed for Chapter 11 bankruptcy as a result of asbestos-related liabilities. At...more
Robinson v. SSW, Inc.
California Court of Appeal, First District
(September 21, 2012)
Douglas Robinson died from mesothelioma and his family filed a wrongful death action. SSW, Inc., a Nebraska corporation, sought...more
Originally published in New York Law Journal - Volume 247—NO. 85, Thursday, May 3, 2012.
On April 10, 2012, the U.S. Court of Appeals for the Second Circuit in In re Quigley issued an opinion adopting a narrow...more
U.S. bankruptcy law permits debtors-in-possession and trustees to sell assets free and clear of claims, liens and other interests. But a federal judge in New York ruled recently that a purchaser does not necessarily buy free...more
Many of us drive every day. If we upkeep our vehicles and follow traffic laws, we generally feel that we should be able to count on our safety. But there are elements that are out of our control, which is a scary thought....more
That was the admonition that Judge Robert E. Gerber of the United States Bankruptcy Court delivered to a class of claimants seeking to partially revoke the confirmation order entered in Motors Liquidation Company’s bankruptcy...more
On January 24, 2012, Judge Ronald M. Gould of the U.S. Court of Appeals for the Ninth Circuit held that an appeal filed by certain insurance companies with respect to a plan confirmation order was not moot and that such...more
Dissolving a Business in Arizona
At The Law Offices of Donald W. Hudspeth, we put our 30-plus years of Arizona business law experience to work for you to make dissolving your business as quick, painless, and profitable as...more
In an announcement that is good news for injury victims, Chrysler said it will accept product liability claims in a broader number of cases than originally planned in its reorganization under bankruptcy protection. The story...more
The Supreme Court in Travelers Indemnity Company v. Bailey, 57 U.S. ___ (2009) last week reversed a Second Circuit opinion that could have caused insurance companies concerns when contributing to a settlement fund to resolve...more
On December 10, 1966 the first asbestos-related lawsuit was filed against eleven asbestos manufacturers, including Johns-Manville, Combustion Engineering, and Owens-Corning. This proved to be just the beginning of many...more
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