Kirk T. Hartley
Mass Tort Estimation Orders: The Bestwall Example for Mesotheliomas
A newly entered order in the Bestwall/Georgia Pacific chapter 11 case provides a ruling on some aspects of an estimation process to value...
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Kirk T. Hartley
Jan 20, 20211 min read
NRA's Chapter 11 - Possible Implications for Mass Torts, Public Policy and Chapter 11
The NRA's chapter 11 filing last week has possible implications for mass torts, public policy and chapter 11 law. Why? Because the NRA is...
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Kirk T. Hartley
Jan 19, 20212 min read
Judge Rakoff: Directors Sometimes at Risk When Multistep M&A Transactions Lead to Insolvency
These are interesting times with respect to corporate transactions related to alleged or actual fraudulent conveyances, whether arising...
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Kirk T. Hartley
Sep 1, 20201 min read
Webinar on Ethical and Legal Challenges in Lawsuits Involving Young People with Mesothelioma
For first of its kind new data related to the growing number of lawsuits involving young people with mesothelioma, please join next...
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Kirk T. Hartley
Aug 20, 20201 min read
Sunshine has Value - Chapter 11 Investigation Yields Proof of Attempted Bid Rigging by a Hedge Fund
It is good to see bankruptcy courts authorizing more investigations into chapter 11 backstories. Here, under investigation, a hedge fund...
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Kirk Hartley
Feb 15, 20191 min read
Imerys Talc Chapter 11 Petition – Negotiations Underway for a Consensual Plan
Interesting times ahead as Imerys filed a chapter 11 petition in an effort to try to manage the mesothelioma and ovarian cancer claims...
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Kirk Hartley
Aug 16, 20181 min read
Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substit
After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the...
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Kirk Hartley
Jul 5, 20181 min read
Sales Records Database for Georgia-Pacific: Let’s Make a Deal
To try to foster a settlement deal, an agreed order has been filed asking for the Bestwall’s court’s approval of a deal to allow...
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Kirk Hartley
Jun 7, 20181 min read
“Art Imitates Life: ‘Billions’ Describes Six-Figure, Part-Time Jobs On Asbestos Tr
It seems to be a week for articles highlighting the more tawdry side of the plaintiff side in mass torts. In this instance, a new Forbes...
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Kirk Hartley
Mar 28, 20182 min read
State Law Property Rights – What are They?
What are property interests; how do we know them when we think we see them? That’s a fascinating question that’s been animating due...
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Kirk Hartley
Mar 7, 20182 min read
SCOTUS Cuts Back on Fraudulent Conveyance Defenses – LBOs Now More at Risk
Some circuit courts had issued fairly hard to fathom opinions immunizing some corporate transactions from fraudulent conveyance claims...
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Kirk Hartley
Nov 29, 20171 min read
Web Site for Bestwall Chapter 11
The Bestwall chapter 11 case has a non-pacer web site that can be used to track the case. It is: https://www.donlinrecano.com/Clients/bw/...
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Kirk Hartley
Nov 15, 20174 min read
Mass Tort Missiles and Counter-Missiles – The GM Chapter 11 Asbestos Claim Example
It’s interesting to watch the missiles and counter-missiles used by “repeat players” in “mass tort” litigation. A prime example arose in...
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Kirk Hartley
Jun 10, 20171 min read
2002 Era Manville Trust Briefs in Which Lawyer for Cancer Claimants Opposed Mass Screenings and Soug
From the Manville bankruptcy circa 2002, some interesting briefs from lawyers representing persons with cancer. In general terms, the...
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Kirk Hartley
Jun 7, 20171 min read
Manville Trust Transparency – Data from David Austern
In the good old days, there was more asbestos trust transparency as to overall statistics for the Manville Trust. One reason for the...
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Kirk Hartley
Apr 26, 20174 min read
SCOTUS Denies Cert for GM in the Ignition Switch Cases – Due Process in Bankruptcy Gets Reboot
Due process in bankruptcy has been rebooted to some degree. How? Through SCOTUS’ April 24, 2017 denial of GM’s cert petition from the...
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Kirk Hartley
Feb 9, 20171 min read
New Forms and Announcements for the Narco Asbestos Trust
2017 brought many new events, including various changes for claim administration for the “evergreen” Narco asbestos trust, with some new...
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Kirk Hartley
Jan 3, 20173 min read
Hartford Closes Out 2016 With $420+ Million Charge for More Asbestos Losses
As previously predicted by yours truly and other members of a multidisciplinary team, asbestos losses continue to rise for insurance...
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Kirk Hartley
Dec 16, 20164 min read
Canada Announces Asbestos Ban
The Canadian government announced on Thursday its plan to move forward to ban future uses of asbestos, and to more tightly regulate the...
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Kirk Hartley
Nov 1, 20162 min read
Reliving Part of the Manville Bankruptcy: Bogdan Law Firm v. Bevan & Assocs., LPA (In re Johns-
The Johns-Manville chapter 11. A debacle of expediency and short-term thinking from 1992-1998, and then later “do overs.” In one of its...
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