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Articles 1 - 17 of 17
Full-Text Articles in Entire DC Network
Show Me The Money: How Bankruptcy Courts Could Become The Most Equitable Mass Tort Forum, Olivia Maier
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
University of Baltimore Law Review
No abstract provided.
How Long Is Forever This Time? The Broken Promise Of Bankruptcy Trusts, S. Todd Brown
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
Asbestos Legislation Ii: Section 524(G) Without Bankruptcy, Francis E. Mcgovern
Pepperdine Law Review
No abstract provided.
Alternatives To Asbestos Impairment Standards, Alan Brayton
Alternatives To Asbestos Impairment Standards, Alan Brayton
Pepperdine Law Review
No abstract provided.
Asbestos Lessons: The Consequences Of Asbestos Litigation, Paul D. Carrington
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
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
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
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
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
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
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
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
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
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
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
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 …