Interesting times ahead as Imerys filed a chapter 11 petition in an effort to try to manage the mesothelioma and ovarian cancer claims against it and other entities. The petition and a related declaration list the top 30 plaintiff firms, which includes numerous plaintiff firms that are not “regulars” in chapter 11 asbestos cases, as well as some firms who are regulars. The list of “regulars” includes Motley Rice and the Simmons firm.
The declaration also states that negotiations have been underway for a consensual plan, and are ongoing. According to the declaration, Imerys seeks to have Jim Patton appointed as the futures representative. It will be interesting to see what DOJ does or does not say or do about any futures representative.