Legal Opinion
Marjorie Ocasek, Independent Administrator of the Estate of Hugh Wilson, Deceased v. Manville Corporation Asbestos Disease Compensation Fund
Court of Appeals for the Seventh Circuit
Decided February 6, 1992No. 91-1522PublishedCited by 32 opinions
1Opinion of the Court
FLAUM, Circuit Judge.
This case presents a discrete issue for consideration: whether the Johns-Manville Corporation’s (“Johns-Manville”) Second Amended and Restated Plan of Reorganization (“the Plan”) allows for the award of post-judgment interest on a judgment for an asbestos-related personal injury. The appellant, citing federal and state statutes governing interest payments on civil judgments, argues that interest should accrue. The appellee responds that the Supremacy Clause of the United States Constitution and the plain language of the Plan prohibit the award of interest to the appellant.
2Cases cited6 opinions
- Findley v. Blinken (In Re Joint Eastern & Southern Districts Asbestos Litigation)United States Bankruptcy Court, S.D. New York · 1990
- Bettie Farr, Cross-Appellee v. Eugene Gruber, Monticello Insurance CompanyCourt of Appeals for the Seventh Circuit · 1992
- In Re WimmerUnited States Bankruptcy Court, C.D. Illinois · 1990
- Jones v. Keene Corp.Court of Appeals for the Third Circuit · 1991
- Stamatakis Industries, Inc., Cross-Appellees v. J. Walter Thompson, U.S.A., Inc., Cross-AppellantsCourt of Appeals for the Seventh Circuit · 1991
1 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, in Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor Below. In Re Pester Refining Company, Debtor. Pester Refining Company v. Ethyl Corporation, the Official Unsecured Creditors Committee, Intervenor BelowCourt of Appeals for the Eighth Circuit · 1992
- Consumers Realty & Development Co. v. Goetze (In Re Consumers Realty & Development Co.)United States Bankruptcy Appellate Panel for the Eighth Circuit · 1999
- In Re Dow Corning Corp.United States Bankruptcy Court, E.D. Michigan · 1999
- City of Olathe v. KAR Development Associates, L.P. (In Re KAR Development Associates, L.P.)District Court, D. Kansas · 1995
- Husky International Electronics, Inc. v. Ritz (In re Ritz)United States Bankruptcy Court, S.D. Texas · 2017
27 more not listed; retrieve them via the Exa API.