LexisNexis® Legal Newsroom
3rd Circuit Changes Standard For Asbestos Claim Discharge

PHILADELPHIA - (Mealey's) An en banc Third Circuit U.S. Court of Appeals on June 2 overruled a precedential holding outlining when an asbestos-related claim can be discharged by a bankrupt company's plan of reorganization, saying that the previous test for accrual was too narrow and that courts...

High Court Refuses To Review Ruling In Asbestos Coverage Dispute

WASHINGTON, D.C. - (Mealey's) The U.S. Supreme Court on Oct. 3 denied a petition for writ of certiorari filed by an insured seeking review of whether an insurer is collaterally estopped from enforcing an arbitration clause in a settlement agreement pertaining to asbestos-related injury claims ( George...

3rd Circuit Upholds Conversion Of Skinner Bankruptcy To Chapter 7

PHILADELPHIA - (Mealey's) A bankruptcy court has the authority to determine at the disclosure statement stage that a Chapter 11 reorganization plan is unconfirmable without first holding a confirmation hearing if it is obvious that the plan is patently unconfirmable, the Third Circuit U.S. Court...

3rd Circuit Rejects Garlock’s Appeal Of Grace’s Plan For Lack Of Injury, Standing

PHILADELPHIA — (Mealey’s) Chapter 11 debtor Garlock Sealing Technologies Inc. does not have standing to object to fellow debtor W.R. Grace & Co.’s confirmed plan of reorganization because Garlock cannot show that it will be harmed by the plan, the Third Circuit U.S. Court of Appeals...