The Intersection Among Torts, Science, Corporate Law, Insurance & Bankruptcy

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Cancer Subrogation Claims – Health Insurer Hires Plaintiff’s Firm to Sue Takeda and Eli Lilly for

Posted in Asbestos, Litigation Industry, Mass Tort Bankruptcy, Mass Tort Issues, Subrogation

Subrogation claims and liens of various kinds continue to assert a growing influence on mass tort litigation. In a new example, Blue Cross Blue Shield of Massachusetts hired Thornton & Naumes to file subrogation lawsuits against Takeda and Eli Lilly entities to recover expenses arising from the bladder cancers developed by 32 BSBS policyholders after… Continue Reading

GM To Waive At Least Some Theoretic Bankruptcy Defense to Claims Arising from Ignition Switch Defects

Posted in Asbestos Bankruptcy, GM Bk, Mass Tort Bankruptcy

Are bankruptcy court injunctions enforceable when they cut off personal injury claims and related rights of co-defendants without meaningful prior notice or adequate representation of the interests of the rights holders? Such persons include 1) the physical victim as well as 2) co-defendants also sued by the physical victim, and  3) may include an insurer.… Continue Reading

Asbestos Plaintiff’s Lawyers Ask W.R. Grace Bankruptcy Court to Order that Its Findings – on Solvency – Do Not Matter In any Other Forum

Posted in Apportionment of Fault, Asbestos Bankruptcy, Constitutional Law/Mass Tort Law, Mass Tort Bankruptcy, Transparency in Bankruptcy

The W. R. Grace chapter 11 case has produced a striking motion that highlights the too often bizarre and unconstitutional nature of much that happens in mass tort chapter 11 cases. In their motion, available here [Docket # 22543], the Asbestos Creditors Committee and the Futures Representative ask the bankruptcy court, Judge Judith Fitzgerald, to… Continue Reading

GM Asset Sale Plan Approved by Judge Gerber; Some Individual Car Crash Victims Already Have Appealed

Posted in Constitutional Law/Mass Tort Law, GM Bk, Mass Tort Bankruptcy

The General Motors chapter 11 asset sale was approved on Sunday night in an opinion that is 50 pages, plus appendices. The opinion is here. A first read of the opinion indicates that Judge Gerber agreed with GM on all material issues regarding freeing GM from liability for tort claims except to the extent “New… Continue Reading

Another Mass Tort Bankruptcy, Sort of – Chinese Drywall and the Chapter 11 filed by Builder WCI

Posted in Constitutional Law/Mass Tort Law, Mass Tort Bankruptcy, Propensity to Claim

Chinese drywall claims are emerging as a would-be class action issues in the WCI Communities chapter 11 case pending in Delaware. Would be class representatives filed papers seeking permission to present a class proof of claim. WCI has now responded with a brief opposing the class. The opposition is routine in the sense that it… Continue Reading