WILMINGTON, Del. - Hybrid Tech Holdings LLC, the firm that agreed to provide post-petition financing to bankrupt Fisker Automotive Holdings Inc., on March 2 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to the motion of the Official Committee of Unsecured Creditors (the committee) of Fisker, contending that the committee should be granted expedited consideration for its motion seeking leave and authority to prosecute various causes of action on behalf of Fisker's estate (In Re: Fisker Automotive Holdings Inc., No. 13-13087, Chapter 11, D. Del. Bkcy.).
CHICAGO - A federal judge on Feb. 24 awarded summary judgment to defendants in a lawsuit brought by a couple claiming that the lender, loan servicer and nominee to their mortgage loan violated the Truth in Lending Act (TILA), Real Estate Settlement Procedures Act (RESPA) and Illinois Consumer Fraud and Deceptive Business Practices Act (ICFA), after finding that the plaintiffs were unable to produce sufficient evidence to support their allegations (David Cocroft, et al. v. HSBC Bank USA N.A., et al., No. 10 C 3408, N.D. Ill.; 2014 U.S. Dist. LEXIS 22680).
ERIE, Pa. - Summary judgment was granted Feb. 21 to the U.S. Forest Service in a lawsuit filed by the owners of natural gas and oil rights in the Allegheny National Forest on the grounds that the mineral estate owners have no justiciable claims because the complained of regulations are not being enforced by the forest service (Pennsylvania Independent Oil and Gas Association, et al. v. U.S. Forest Service, et al., No. 08-162, W.D. Pa.; 2014 U.S. Dist. LEXIS 21601).
WILMINGTON, Del. - A creditor in the Chapter 11 bankruptcy case of Revstone Industries LLC on Feb. 18 filed a brief in the U.S. Bankruptcy Court for the District of Delaware objecting to 21 claims filed against the bankruptcy estate by the Pension Benefit Guaranty Corp. (PBGC) (In Re: Revstone Industries LLC, No. 12-13262, Chapter 11, D. Del. Bkcy.).
ATLANTA - The 11th Circuit U.S. Court of Appeals on Feb. 14 affirmed a lower court's ruling that a professional liability insurance policy's prior acts exclusion precludes coverage for an underlying lawsuit against insureds arising from a real estate closing (American Guarantee & Liability Insurance Co. v. The Abram Law Group, LLC, et al., No. 13-13134, 11th Cir.; 2014 U.S. App. LEXIS 2784).
CHICAGO - An investor who lost money in the bankruptcy of Peregrine Financial Group Inc. on Feb. 11 filed a brief in the U.S. Bankruptcy Court for the Northern District of Illinois arguing that he is entitled to $150,000 from the bankruptcy estate (In Re: Peregrine Financial Group Inc., No. 12-27488, Chapter 7, N.D. Ill. Bkcy.).
NEW YORK - UBS Real Estate Securities Inc., a creditor in the Chapter 11 bankruptcy of Residential Capital LLC (ResCap), on Feb. 13 filed a brief in the U.S. Bankruptcy Court for the Southern District of New York, arguing that it has a valid claim against the bankruptcy estate for $56,451,603 (In Re: Residential Capital LLC, No. 12-12020, Chapter 11, S.D. N.Y. Bkcy.).
SACRAMENTO, Calif. - The bankrupt Roman Catholic Bishop of Stockton, Calif., the official name of the Diocese of Stockton, on Feb. 12 filed a status report in the U.S. Bankruptcy Court for the Eastern District of California stating that the total value of its estate is $5.83 million, and it estimates priority and unsecured claims of more than $10 million will be filed by creditors, not including any money the diocese may need to pay related to pending clergy sex abuse lawsuits (In Re: The Roman Catholic Bishop of Stockton, Calif., No. 14-20371, Chapter 11, E.D. Calif. Bkcy.).
EDMONTON, Alberta - A Canadian commission on Feb. 5 found that new medical evidence submitted by an estate on the relationship between a worker's carcinoma and his asbestos exposure should be reviewed by a pulmonary specialist before a decision in the case is made (Docket No. AC0234-12-23, Decision No. 2013-0091, Alberta Wrks. Comp. App. Comm.).
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on Feb. 6 ruled that a bankruptcy court did not err when it concluded that a bank lacked a perfected security interest in property listed in a debtor couple's bankruptcy schedules because the property instead belonged to the bankruptcy estate (Bank of England v. M. Randy Rice $(In Re: Dudley R. Webb Jr., et al.$), No. 13-1495, Chapter 7, 8th Cir.; U.S. App. LEXIS 2236).
LOS ANGELES - The estate of the owner of a now-defunct fireworks company on Jan. 30 agreed to pay $11 million to the U.S. Environmental Protection Agency to resolve the agency's request for past and future response costs incurred in remediating the Rockets, Fireworks and Flares Superfund site in Rialta, Calif., according to a filing in California federal court (United States of America v. Goodrich Corporation, et al., No. 10-00824 PSG, C.D. Calif.).
BLOOMINGTON, Ill. - An Illinois jury on Jan. 27 awarded more than $2 million - reduced to $1.7 million by a finding of contributory negligence - in a consolidated trial involving an asbestosis sufferer and an individual who died of lung cancer, sources told Mealey's Publications (Jim Smith v. Illinois Central Railroad Co., Mary Hernandez, as administrator of estate of John Nafziger v. Illinois Central Railroad Co., No. 05L117, 07L91, Ill. Cir., McLean Co.).
NEW YORK - The liquidation trusetee for MF Global Inc. (MFGI), the customer investment affiliate of parent company MF Global Holdings Inc. (MFGH), on Jan. 29 filed a brief supporting a stipulation with CME Group Inc. under which CME's claim against the MFGI bankruptcy estate would be deemed a single, unsecured claim for $29 million with a higher priority than all other allowed unsecured claims (In Re: MF Global Inc., No. 11-02790, Chapter 11, S.D. N.Y. Bkcy.).
ADELAIDE, Australia - An Australian judge on Jan. 24 found that after a company refused a former dock worker's offer to settle his mesothelioma claim, it became liable to pay the costs of his asbestos compensation action (Van Soest v. BHP Billiton Limited, $(No 3$) $(2014$) SADC 6, South Australia Dist.).
WILMINGTON, Del. - The trustee in the Chapter 7 bankruptcy of Open Range Communications Inc. on Jan. 24 moved in bankruptcy court for authorization to disburse funds to a division of the U.S. Department of Agriculture (USDA) and a group of investors as part of a settlement of preference actions that the trustee says will result in the waiver of $1,318,346.76 in claims asserted against the bankruptcy estate (In Re: Open Range Communications Inc., No. 11-13188, Chapter 7, D. Del. Bkcy.).
PHILADELPHIA - A split panel of the Third Circuit U.S. Court of Appeals on Jan. 24 affirmed a ruling that the claims of personal injury plaintiffs against a debtor company belonged to the bankruptcy estate (In re: Emoral Inc., No. 13-1467, Chapter 11, 3rd Cir.).
ATLANTA - A Florida federal judge erroneously concluded that the estate of an original member of the 1970s pop musical group K.C. and the Sunshine Band lacked statutory standing to sue for infringement of the musical work "Spank," the 11th Circuit U.S. Court of Appeals ruled Jan. 22 (Ronald Smith Jr. v. Henry Casey, et al., No. 13-12351, 11th Cir.; 2014 U.S. App. LEXIS 1139).
WASHINGTON, D.C. - The Supreme Court on Jan. 21 denied a petition for review challenging the scope of preemption under the Boiler Inspection Act in an asbestos case, according to its docket (Thomas F. Atwell Jr., executor of the estate of Thomas F. Atwell v. John Crane Inc., No. 13-586, U.S. Sup.).
WILMINGTON, Del. - The adult entertainment company that produces material carrying the name "Penthouse" on Jan. 13 filed a brief in the U.S. Bankruptcy Court for the District of Delaware contending that claims asserted against its bankruptcy estate by its former financial adviser for $3,430,900 should be "denied and expunged" (In Re: PMGI Holdings Inc., No. 13-12404, Chapter 11, D. Del. Bkcy.).
NEW YORK - Testimony from Union Carbide Corp.'s own representatives raise questions about whether its phenolic compound contained asbestos, a New York justice held in an opinion posted Jan. 10 (Alice Kestenbaum, as executrix of the estate of Frank Kestenbaum v. Durez Corp., et al., No. 190421/11, N.Y. Sup., New York Co.; 2013 N.Y. Misc. LEXIS 6332).