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Show Me The Money: How Bankruptcy Courts Could Become The Most Equitable Mass Tort Forum, Olivia Maier Oct 2023

Show Me The Money: How Bankruptcy Courts Could Become The Most Equitable Mass Tort Forum, Olivia Maier

Washington and Lee Journal of Civil Rights and Social Justice

The Texas Two-Step has emerged as a dangerous bankruptcy maneuver for companies to defend against mass tort liability. The process allows a company to allocate all of its tort liability to a newly created company which then files for bankruptcy. The Bankruptcy Code provides instantaneous benefits for that new company, which tort victims are left unable to proceed with their claims. This has resulted in an inequitable process, and outcomes, for those victims as seen by the recent Johnson & Johnson Texas Two-Step. While this process is unjust, it has raised an interesting question: could a bankruptcy court become the …


Still Crazy After All These Years: How Five Local Courts Manage Asbestos Litigation And Whether Comparable Case Values Can Help Calm The Craziness, Jeff Trueman Jan 2018

Still Crazy After All These Years: How Five Local Courts Manage Asbestos Litigation And Whether Comparable Case Values Can Help Calm The Craziness, Jeff Trueman

University of Baltimore Law Review

No abstract provided.


How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown May 2013

How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown

Journal Articles

Bankruptcy trusts consistently fail to protect the interests of future claimants as contemplated by Section 524(g) of the Bankruptcy Code. Although this reality is generally understood, the extent of this failure has not been examined. And, as demonstrated in this study, the degree to which trusts are failing future victims is greater than commonly realized. More than two-thirds of the trusts that have completed their initial claims processing are paying new asbestos personal injury victims at or near historically low rates, and several others appear to be defunct or inactive. Nearly two-thirds of the trusts that remain active have reduced …


Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern Apr 2012

Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern

Pepperdine Law Review

No abstract provided.


Alternatives To Asbestos Impairment Standards, Alan Brayton Apr 2012

Alternatives To Asbestos Impairment Standards, Alan Brayton

Pepperdine Law Review

No abstract provided.


Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington Jan 2007

Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington

Faculty Scholarship

Abstract not available


Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson Sep 2006

Theories Of Asbestos Litigation Cost - Why Two Decades Of Procedural Reform Have Failed To Reduce Claimants' Expenses, Jeffrey M. Davidson

Nevada Law Journal

No abstract provided.


An Examination Of Reinsurers’ Associations In Underlying Claims: The Iron Fist In The Velvet Glove?, Louis Torch May 2005

An Examination Of Reinsurers’ Associations In Underlying Claims: The Iron Fist In The Velvet Glove?, Louis Torch

The University of New Hampshire Law Review

[Excerpt] “The onslaught of environmental and asbestos claims coupled with the aftermath of the terrorist attacks of September 11, 2001, and their deleterious effects on the commercial property reinsurance industry, has left insurers and reinsurers reeling. This article submits that the iron fist in the velvet glove has replaced the once gentlemanly handshake that cemented contractual relations between cedent and reinsurer. The case law reveals that both cedent and reinsurer share the blame for this markedly adversarial shift. As the cases in this article demonstrate, cedents bear responsibility for shortcomings in their underwriting and claims handling, and reinsurers have often …


Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman Jan 1999

Product Liability Issues In Mass Torts - View From The Bench, Hon. Helen E. Freedman

Touro Law Review

No abstract provided.


Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix Mar 1991

Beyond Consolidation: Postaggregative Procedure In Asbestos Mass Tort Litigation, Linda S. Mullenix

William & Mary Law Review

No abstract provided.


Asbestos Property Damage Settlement In A Bankruptcy Setting, Robert B. Mckay Oct 1990

Asbestos Property Damage Settlement In A Bankruptcy Setting, Robert B. Mckay

Law and Contemporary Problems

No abstract provided.


The Center For Claims Resolution, Lawrence Fitzpatrick Oct 1990

The Center For Claims Resolution, Lawrence Fitzpatrick

Law and Contemporary Problems

No abstract provided.


Resolving Asbestos Claims: The Manville Personal Injury Settlement Trust, Marianna S. Smith Oct 1990

Resolving Asbestos Claims: The Manville Personal Injury Settlement Trust, Marianna S. Smith

Law and Contemporary Problems

No abstract provided.


Asbestos Claims Facility: An Unprecedented, Private Alternative For Dispute Resolution, Anthony Zaccagnini Jan 1986

Asbestos Claims Facility: An Unprecedented, Private Alternative For Dispute Resolution, Anthony Zaccagnini

University of Baltimore Law Forum

No abstract provided.


Asbestos: The Private Management Of A Public Problem, Harry H. Wellington Jan 1985

Asbestos: The Private Management Of A Public Problem, Harry H. Wellington

Cleveland State Law Review

Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …


Asbestos: The Private Management Of A Public Problem, Harry H. Wellington Jan 1985

Asbestos: The Private Management Of A Public Problem, Harry H. Wellington

Cleveland State Law Review

Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …


Asbestos: The Private Management Of A Public Problem, Harry H. Wellington Jan 1985

Asbestos: The Private Management Of A Public Problem, Harry H. Wellington

Cleveland State Law Review

Under the existing judicial system in America, asbestos litigation has reached epidemic proportions. It is extravagantly expensive and grotesquely inefficient. Conceivably billions of dollars are at stake in this group effort, and the fair treatment of thousands of very sick people, and thousands more who one day will be ill as a result of asbestos, may turn on the success of this private initiative (the Wellington Group) to design a private agency that will fairly and effectively manage the bulk of asbestos claims and asbestos product liability litigation. Section I provides background information on the asbestos problem: from the material …