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  • Kirk Hartley

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 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 assets, risks and liabilities related to the Georgia-Pacific business, including its asbestos-risks. The motion also alleges that Georgia-Pacific may have achieved “asbestos-free” products by substituting talc for asbestos. That argument/assertion is especially interesting in light of the recent verdict for plaintiffs in 22 consolidated cases in which all plaintiffs alleged that talc contained asbestos and caused their ovarian cancers.

About Kirk

Since becoming a lawyer in 1983, Kirk’s over 30 years of practice have focused on advising a wide range of corporations, associations, and individuals (as both plaintiffs and defendants) on both tort and commercial law issues centered around “mass torts.”

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