Civil Procedure

Read Bankruptcy Law updates, alerts, news, and legal analysis from leading lawyers and law firms:

News & Analysis as of May 25, 2013

In the Matter of Krafft-Murphy Co., Inc., C.A. No. 6049-VCP (Del. Ch. Feb. 4, 2013) (Parsons, V.C.)

by Potter Anderson & Corroon LLP on 2/15/2013

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

Jennifer Black Strutt on In re: Federal-Mogul Global Inc.: Third Circuit Holds Bankruptcy Code Preempts Anti-Assignment...

by McCarter & English, LLP on 11/12/2012

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

Asbestos Alert: Corporations Formed Other than in California Which Have Dissolved May Be Able to Win Summary Judgment in...

by Low, Ball & Lynch on 9/26/2012

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

Extent of Non-Debtor Parent Exposure Under Channeling Injunctions

by Cadwalader, Wickersham & Taft LLP on 5/15/2012

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

Asset Sales in Bankruptcy: An Important Decision

by Patterson Belknap Webb & Tyler LLP on 5/1/2012

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

How did bankruptcy affect Alabama car defect lawsuit?

by Johnston, Moore & Thompson, Huntsville... on 4/11/2012

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

Inference Alone Is Not Enough

by Cadwalader, Wickersham & Taft LLP on 3/15/2012

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

In re Thorpe Insulation Company: The Non-Settling Insurers Strike Back

by Cadwalader, Wickersham & Taft LLP on 3/1/2012

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

The United States Supreme Court Applies Equitable Principles in Favor of Insurers in Enforcing Settlement Trust Order by...

by Barger & Wolen on 6/30/2009

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