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    Johnson & Johnson’s Indirect Subsidiary Seeks Chapter 11 Protection and Establishment of Trust Relating to Cosmetic Talc Claims
    2021-10-15

    U.S. Bankruptcy Court for the Western District of North Carolina, October 14, 2021

    Filed under:
    USA, North Carolina, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
    Authors:
    Elizabeth M. Lautenbach
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Insurer Liability Remanded for Further Factual Findings as to Statutory Relationship Requirement
    2021-09-16

    U.S. Court of Appeals for the Third Circuit, September 15, 2021

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Goldberg Segalla LLP, Bankruptcy
    Authors:
    C. Quincy Conrad
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Bankruptcy Judge Declines to Prevent Hypothetical Talc Liability Restructuring
    2021-09-07

    Johnson & Johnson currently has approximately 25,000 lawsuits pending against it related to its talc products, including talcum powder and baby powder

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
    Authors:
    Andrea M. Sciarratta
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Proof of Claim Bankruptcy Documents Ruled Discoverable with Redaction of Settlement Amounts and Sensitive Medical Information
    2021-07-27

    Supreme Court of the State of New York, County of Monroe, July 15, 2021

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
    Authors:
    Trek Fulater
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    2021 First Quarter Asbestos Bankruptcy Trust Alert
    2021-05-03

    Asbestos bankruptcy trusts remain a topic frequently monitored and reported on Asbestos Case Tracker. As the first quarter of 2021 comes to a close, we have seen a number of changes to 11 trusts that will impact the amount of compensation available to individuals claiming asbestos-related injuries.

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP
    Authors:
    Jillian E. Madison
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Proposed PROTECT Asbestos Victims Act Seeks to Prevent Fraud and Preserve Victim Compensation
    2021-04-05

    On March 3, 2021, the PROTECT Asbestos Victims Act, otherwise known as S.574, was introduced in the U.S. Senate by Senators Thom Tillis (R-NC), John Cornyn (R-TX), and Chuck Grassley (R-IA). This legislation attempts to reform the asbestos bankruptcy trust system by providing oversight of asbestos bankruptcy trusts, ensuring those harmed by asbestos receive fair and just compensation, and eliminating fraud and abuse within the trust system.

    Filed under:
    USA, Healthcare & Life Sciences, Insolvency & Restructuring, Private Client & Offshore Services, Product Regulation & Liability, Goldberg Segalla LLP, Medicare, Medicaid
    Authors:
    Catherine L. Schwarze
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Johns Manville Cannot be a Joint Tortfeasor Without Filing a Bankruptcy Trust Claim
    2020-05-14

    U.S. District Court for the Eastern District of Louisiana, May 13, 2020

    Filed under:
    USA, Insolvency & Restructuring, Litigation, Goldberg Segalla LLP
    Authors:
    Jillian E. Madison
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    North Dakota Asbestos Bankruptcy Trust Transparency Act Deemed Constitutional, Plaintiffs Demanded to Disclose Bankruptcy Trust Filings
    2020-08-05

    U.S. District Court for the District of North Dakota

    In Kotalik v. A.W. Chesterton Co., several defendants filed motions to enforce the plaintiffs’ compliance with disclosure requirements of North Dakota’s Asbestos Bankruptcy Trust Transparency Act. Counsel for the defendants as well as plaintiffs moved the court for a hearing on the issue. Lastly, plaintiffs’ counsel moved for a certification of a question to the North Dakota Supreme Court regarding the constitutionality of the Trust Transparency Act.

    Filed under:
    USA, North Dakota, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP, Bankruptcy
    Authors:
    Nicholas Fox
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Asbestos Claims Against Bankrupt Entities Barred Under Confirmation Order
    2020-03-04

    United States Bankruptcy Court, D. Maryland. March 02, 2020

    The plaintiffs were various entities who filed for bankruptcy protection under Chapter 11 in 2001. Their bankruptcy confirmation order set a bar date for the filing of claims by creditors against the entities. Nearly 16 years later, asbestos claimants filed claims for exposure to asbestos in Pennsylvania. The plaintiffs then filed suit against the asbestos claimants as an adversarial bankruptcy proceeding. Motions for summary judgment were filed by both sides.

    Filed under:
    USA, Maryland, Insolvency & Restructuring, Litigation, Product Regulation & Liability, Goldberg Segalla LLP, Due diligence
    Location:
    USA
    Firm:
    Goldberg Segalla LLP
    Use of Future Claims Representative Satisfied Due Process
    2020-02-24

    United States Court of Appeals, Second Circuit, February 19, 2020

    Filed under:
    USA, Insolvency & Restructuring, Insurance, Litigation, Goldberg Segalla LLP
    Location:
    USA
    Firm:
    Goldberg Segalla LLP

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