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Asbestos Plaintiffs Attack Bestwall Chapter 11 as “Bad Faith” Filing; Suggest GP Substituted Talc for Asbestos

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts, Litigation Industry

After months of procedural wrangling and negotiations about settlement, the asbestos plaintiff’s bar has now attacked the Bestwall/Georgia-Pacific chapter 11 as a “bad faith” filing. The motion is online. The motion sets out a broad attack. Among other things, the motion focuses attention on GP’s one-day use of a Texas statute to divide up the… Continue Reading

Swiss Create New Fund to Pay Compensation to Persons with Asbestos Related Diseases

Posted in Asbestos, Asbestos Trusts, International Asbestos, Litigation Industry

As reported by Laurie Kazan Allen at the IBAS web site and in other places, a new fund has been created in Switzerland to pay compensation to persons suffering from asbestos-related diseases. The Swiss Info channel reported the news in a December 19, 2016 online article. The following are excerpts from the article: “A CHF100… Continue Reading

New: “Minimal asbestos exposure in germline BAP1 heterozygous mice is associated with deregulated inflammatory response and increased risk of mesothelioma.”

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts, Cancer, Science

Researchers continue to generate more and more data and hypotheses regarding mesothelioma in persons with a germline (inherited) BAP1 mutation. The newest paper went online yesterday, from Carbone, Pass and Yang, among others. The abstract states: Abstract Germline BAP1 mutations predispose to several cancers, in particular malignant mesothelioma. Mesothelioma is an aggressive malignancy generally associated… Continue Reading

“Unsealed Garlock documents could be ‘double-edged sword’”

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts

There are many double-edged swords in mass tort litigation. Some people see them, and some do not, too often because of a propensity for consuming kool-aid as instructed by others. Sometimes the double-edged swords are mentioned in public, and other times, not so much. It’s refreshing to read David Christian’s comments on double-edged swords in… Continue Reading

Travelers is Running Out of Rope in the Important Ongoing Saga from the Manville Bankruptcy

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts, Manville

Due to a Second Circuit ruling yesterday, Travelers is about out of rope in its effort to avoid paying $500 million to asbestos plaintiffs who sued it directly for its role in suppressing information about the full extent of the health hazards of asbestos. The suits arose because Travelers was Manville’s primary insurer while reports… Continue Reading

Identifying Additional Possible Causes of Mesothelioma, More or Less by Accident – Gene Expression of Mesothelioma in Vinylidene Chloride–exposed F344/N Rats Reveal Immune Dysfunction, Tissue Damage, and Inflammation Pathways

Posted in Asbestos, Asbestos Trusts, Cancer, Science

Most insurers, defendants and various interested others can and should be spending money to find additional causes of mesothelioma. The vast majority, however, are not. Therefore, it is somewhat serendipitous that researchers from NIEHS at Triangle Park recently may have found another substance that appears to promote the development of mesothelioma. The work arises from… Continue Reading

Documenting the Journey Towards Connecting the Tort System to the Trust Claiming System – Defense Lawyers Update Their Valuable Review of Rulings and Evidence Supporting the Need for Transparency in Claiming to Trusts

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts

Messrs. Cohn, Shelley and Arnold are back with a valuable new article:  The Need for Further Transparency Between the Tort System and Section 524(g) Asbestos trusts, 2014 Update – Judicial and Legislative Developments and Other Changes in the Landscape Since 2008, Widener Law Journal (2014). The paper is a valuable follow up to their prior… Continue Reading

An Important New Paper on Mesotheliomas: “Germline Mutation of Bap1 Accelerates Development of Asbestos-Induced Malignant Mesothelioma”

Posted in Asbestos, Asbestos Bankruptcy, Asbestos Trusts, Cancer Research, Litigation Industry, Mass Tort Issues

A June 13, 2014  paper by Dr. Joseph Testa and colleagues expands the ongoing investigation into the relationships among mesothelioma, asbestos fibers, pleural and peritoneal exposures, and the BAP1 mutation (both germline and somatic mutations are under investigation). The research involves creation of a line of “knockout” mice with the BAP1 mutation, and then monitoring… Continue Reading

“Why insurers should fund medical research, By Dr John Moore-Gillon British Lung Foundation”

Posted in Asbestos, Asbestos Trusts, International Asbestos

It’s good to see more people openly suggesting that insurers should be funding medical research on mesothelioma. The same principles also apply more broadly. Mesothelioma research should be funded by asbestos trusts, futures representatives, asbestos defendants, and unions. Set out below are excerpts from an article on the subject from the BBC on Sunday April… Continue Reading

AIG Insurers Seek to Reopen the THAN Bankruptcy to Assert Audit Rights to Look for Fraud in Claiming

Posted in Asbestos Trusts

The THAN bankruptcy (Thompson-Hayward) was and remains a poster child for some of the many flaws in chapter 11 handling of mass tort bankruptcies. In fact, back in the day (fall 2011), some people (including yours truly) wrote a case study- commentary article pointing out that the THAN bankruptcy was the poster child of the moment… Continue Reading

Initial Papers Filed by Health Insurers and Hospitals Plans Regarding Intent to Sue HK Porter Asbestos Trust for Subrogation

Posted in Asbestos Trusts

Last Friday, Daniel Fisher at Forbes reported on numerous health insurers and some hospital groups filing in Philadelphia state court various papers regarding a prospective suit against the HK Porter Asbestos Trust. Further specifics and the papers are now available. In short, there is no lawsuit as of yet, at least judging by the papers… Continue Reading

The Latest Example of Why Asbestos Trust Claiming Data Should Be Transparent

Posted in Asbestos Trusts

Asbestos litigation is now yielding yet another example of why there should be transparency on asbestost trust claiming data.  Unfortunately, as I’ve been pointing out for years, the formerly somewhat transparent trusts reversed field some years ago started and began hiding claiming data from public view.  The latest example arises from the Peter Angelos firm… Continue Reading

Asbestos Bankruptcy Ruling Frees Some Data in the Claimants in Bankruptcies

Posted in Asbestos Trusts

In a welcome and overdue reversal of past rulings, a Delaware district judge recently ordered that 2019 statements are presumptively open to the public, even in an asbestos bankruptcy. 2019s? They are lists of clients represented by a lawyer or law firm. In asbestos bankruptcies, that means lists of clients represented by plaintiff’s firms. The… Continue Reading

Manville Trust Sued for Refusing to Pay Claims of Persons Living Overseas and Claiming Exposure While on US Warships

Posted in Asbestos Trusts

Global asbestos claiming. The latest chapter in the global growth is a new lawsuit filed against the Manville Trust in New York bankruptcy court. The claimants are persons who live overseas and claim inhalation of Manville’s asbestos fibers while aboard US warships. The complaint alleges that the Manville Trust terms are unfair and inequitable because… Continue Reading

Has Claiming Peaked for the James Hardie Asbestos Compensation Fund ?

Posted in Asbestos Trusts

The saga goes forward for Australia’s James Hardie, and its effort to manage asbestos claiming through a compensation fund. On one hand, the company and former officers remain subject to a cloud cast by charges of securities law violations associated with the disclosures related to the creation and funding of the compensation trust. On the other… Continue Reading

Update on Witness List for Today’s House Hearing on Secrecy in Asbestos Bankruptcy Trusts

Posted in Asbestos Trusts

A reminder of today’s House Committee hearing on secrecy in the asbestos bankruptcy trusts. The hearing is described online here. Now online are the witness list (pasted below) and a button that will link you to a video feed of the hearing. The witness testimony is not yet online. I’m attending the hearing. Hearing on: How Fraud… Continue Reading

Manville Asbestos Trust Continues to Receive and Pay Material Amounts to Non-Malignant Claimants

Posted in Asbestos Trusts

Chapter 11 asbestos trusts are uniquely suited for and too often used for implementing lousy public policy.  How so? Years after most agreed that it’s social folly to pay compensation to a pure non-malignant claimant, many of the trusts are used to attract and pay material amounts of non-malignant claims.   Proof ? This prior post… Continue Reading

“Asbestos Trust Funds” are Now “Re-branded” as “Lung Cancer Trust Funds” by a Plaintiff’s Firm Focused on Internet Advertising

Posted in Asbestos Trusts

Anyone with litigation savvy knows that the Internet has profoundly changed mass tort litigation and claiming through its global reach, and the ability to target ads towards people using the Internet to gather information on specific topics.  My Internet reading this weekend accidentally turned up a new use for the Internet web. The new use is… Continue Reading