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Disclosure Requirements Asbestos

McGuireWoods LLP

Shifting Gears on Insurer Participation in Chapter 11 Proceedings: U.S. Supreme Court Rejects Longstanding “Insurance Neutrality”...

McGuireWoods LLP on

Last week’s Privilege Point described an opinion requiring a corporate party’s witness to disclose communications with his Latham & Watkins lawyers, because he confirmed with that firm his own “commercial understanding” about...more

Kennedys

Insurer deemed “party in interest” in insureds’ Chapter 11 case

Kennedys on

The US Supreme Court ruled that an insurer with financial responsibility for bankruptcy claims is a “party in interest” under Bankruptcy Code §1109(b) that “may raise and may appear and be heard on any issue” in a Chapter 11...more

Goldberg Segalla

U.S. Supreme Court Holds that Insurers are Parties in Interest in Bankruptcy Proceedings and Can Object to Reorganization Plans

Goldberg Segalla on

Companies faced with numerous mass tort claims, such as asbestos claims, often seek bankruptcy protection. Reorganization plans may include § 524(g) channeling injunctions in which insurance assets are put into a trust to pay...more

White and Williams LLP

Supreme Court Endorses Broad Insurer Standing in Bankruptcy Reorganizations

The Supreme Court reversed the Fourth Circuit Court of Appeals in favor of insurance companies in a unanimous decision written by Justice Sotomayor. In short, the United States Supreme Court held today that insurers facing...more

Sheppard Mullin Richter & Hampton LLP

New Court Ruling Pokes Holes in Contractual Limitation of Liability Language in Commercial Leases

Creating certainty in the inherent uncertainty of the future is the name of the game when it comes to drafting commercial leases. When courts overrule provisions that the parties to the lease have agreed upon, however, that...more

Goldberg Segalla

Court Denies Motions in Limine Despite Finding Expert Report Disclosure Untimely

Goldberg Segalla on

Court: United States District Court for the District of Montana, Great Falls Division - From 1923 to 1994, Burlington Northern Santa Fe Railway Company (BNSF) transported vermiculite ore containing amphibole asbestos from a...more

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