News & Analysis as of

Products Liability Personal Injury Bankruptcy

Read Products Liability updates, alerts, news, and legal analysis from leading lawyers and law firms:

Takata Ch. 11 Tort Committee Has Tough Road Ahead

Brian Davidoff was quoted by Law360 on July 10, 2017, in an article discussing the Takata Chapter 11 bankruptcy that includes personal injury claims as well as those claiming financial losses as a result of Takata’s defective...more

Proposed California Legislation Would Mandate Asbestos Bankruptcy Trust Disclosures Statewide

by Wilson Elser on

California Assemblyman Ken Cooley (D-Rancho Cordova) has introduced and sponsored Assembly Bill No. 597, the Asbestos Tort Claim Trust Transparency Act, which if passed would require asbestos plaintiffs to disclose all...more

Los Angeles Asbestos Court Ramps up Plaintiffs’ Bankruptcy Trust Disclosure Requirements

by Wilson Elser on

Asbestos plaintiffs can seek damages in two independent compensation systems: by filing tort claims against solvent defendants and by filing claims with any of the dozens of asbestos bankruptcy trusts established under...more

Judge Protects GM Against Most, But Not All, Ignition Switch Claims

by Kelley Drye & Warren LLP on

Judge Robert Gerber ruled last week that General Motors LLC (“New GM”), the entity formed in 2009 to acquire the assets of General Motors Corporation (“Old GM”), is shielded from a substantial portion of the lawsuits based on...more

Third Circuit Concludes Personal Injury Causes of Action Against a Successor to Debtor’s Business are Generalized Claims

In a novel decision, the United States Court of Appeals for the Third Circuit held, in its ruling In re Emoral, Inc., 740 F.3d 875 (3d Cir. 2014), that personal injury claims of individuals allegedly harmed by a bankrupt...more

New York Appeals Court Sustains Asbestos Plaintiffs’ Direct Suit against Liability Insurer of Dissolved Corporate Defendant

by Wilson Elser on

Can an asbestos bodily injury plaintiff directly sue the liability insurer of a dissolved corporate defendant? Yes, said New York’s Appellate Division, First Department – under certain circumstances. The court’s decision came...more

Asbestos Alert: Paulus v Crane Co.

by Low, Ball & Lynch on

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

Historical Tort System Claim Values Cannot Be Reduced By "Nuisance" Settlements and "Implicit Defense Costs" To Determine Present...

by Timothy Durken on

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

Why and When to Conduct an Asset Search

by Edward Amaral on

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

Chrysler Will Accept More Product Liability Claims

by Robert Kraft on

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

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