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WHATLEY, JR v CANADIAN PACIFIC RAILWAY, LTD

Summarizing by Lars Fuller

Home » Professional Practice Areas » Mass Torts

Continental Casualty Co. v. Carr, et al.

  • Summarized by David Banker , Lowenstein Sandler LLP
  • 1 month 6 days ago
Citation:
17-1208 (3rd Circuit, Aug 14,2018) Published
Case Status:
Affirmed
Ruling:
The Third Circuit Court of Appeals affirmed the Bankruptcy Court in part and vacated and remanded in part. The plaintiffs' recovery under the Asbestos Lawsuits is barred because the CNA insurance...
Judge(s):
Ambro, Circuit Judge
Tag(s):

Duke Energy Florida, LLC v. FirstEnergy Corp.

  • Summarized by Jason Stitt , Keating Muething & Klekamp PLL
  • 5 months 1 week ago
Citation:
17-3024 (6th Circuit, Apr 10,2018) Not Published
Case Status:
Affirmed
Ruling:
A corporate parent may be held indirectly liable under CERCLA only if the corporate veil separating parent and subsidiary may be pierced under the corporate law of the relevant state. Because...
Judge(s):
KEITH, McKEAGUE, and STRANCH, Circuit Judges.
Tag(s):

Gonzalez v. Owens Corning

Citation:
No. 16-2653 (3rd Circuit, Mar 19,2018) Published
Case Status:
Affirmed
Ruling:
The Frenville standard requires a court to look to the underlying state limitations law to determine when a claim arises. Where the proffered "common issue" depends upon the (different) limitations...
Judge(s):
CHAGARES, JORDAN, and HARDIMAN
Tag(s):

DAHLIN v LYONDELL CHEMICAL COMPANY

Citation:
16-3419 (8th Circuit, Jan 26,2018) Published
Case Status:
Reversed and Remanded
Ruling:
In this well-written opinion [author's opinion], the Eighth Circuit concluded that due process requires only that the debtor provide notice to "reasonably ascertainable," not "reasonably...
Judge(s):
SMITH, GRUENDER, BENTON
Tag(s):

Sagor v. Picard (In the Matter of Madoff)

Citation:
--- Fed.Appx. ---- 2017 WL 2376567 (2nd Circuit, Jun 01,2017) Not Published
Case Status:
Affirmed
Ruling:
Affirmed District and Bankruptcy Court determinations that the method for determining creditors’ claims for distributions from the Bernard L. Madoff Investment Securities, LLC was the ...
Judge(s):
Rosemary S. Pooler, Peter W. Hall, Susan L. Carney
Tag(s):

U.S.A. v. Kerr-McGee Corp. (In re Tronox Inc.)

Citation:
16-343, 2017WL1403001 (2nd Circuit, Apr 20,2017) Published
Case Status:
Dismissed
Ruling:
a.) Claims derived through a debtor are estate property which only a trustee can assert; b.) District Court order on a contempt motion which enforced existing injunction but made no contempt...
Judge(s):
Kearse, Wesley and Droney
Tag(s):

New York House Authority v. G-I Holdings, Inc. (In re G-I Holdings Inc.)

Citation:
No. 15-2164 (3d Cir. July 18, 2016) (Not Precedential)
Ruling:
District Court order affirmed. Governmental entity may not repackage its monetary claim as a claim for injunctive relief in order to avoid being bound by a confirmed plan. Distinguishes In re...
Judge(s):
Smith (author), Roth, and Rendell
Tag(s):

Lydon v. T&N Limited

  • Summarized by Guy Moss , Riemer & Braunstein LLP
  • 3 years 7 months ago
Citation:
United States Court of Appeals for the First Circuit, No. 14-1281, February 11, 2015
Ruling:
Affirming the ruling of the district court, the First Circuit determined that the plain language of a confirmed chapter 11 Plan, which created a litigation trust to which individual asbestos claims...
Judge(s):
Lynch, Stahl and Kayatta
Tag(s):

C.P. Hall Co. v. Columbia Casualty Co.

  • Summarized by Bonnie Clair , Summers Compton Wells LLC
  • 4 years 4 months ago
Citation:
C.P. Hall Co. v. Columbia Cas. Co., No. 13-1306, 2014 WL 1628119 (7th Cir. Apr. 24, 2014).
Ruling:
The Court held that an excess liability insurer lacked standing to object to a settlement between a debtor and one of its primary insurance coverage providers. The Court followed its precedent to...
Judge(s):
Posner, Flaum, Rovner
Tag(s):

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